US (United States) Code. Title 50. Appendix

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # War and National Defense

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-CITE-

50 USC APPENDIX Sec. 2094 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

Sec. 2094. Defense Production Act Fund

-STATUTE-

(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

(hereafter 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 711(b) [section 2161(b) of this Appendix]; and

(2) all moneys received by the Fund on transactions entered

into pursuant to section 303 [section 2093 of this Appendix].

(c) Use of Fund

The Fund shall be available to carry out the provisions and

purposes of this title [sections 2091 to 2099a of this Appendix],

subject to the limitations set forth in this Act [sections 2061 to

2171 of this Appendix] 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 $400,000,000, 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 $400,000,000, the amount in

excess of $400,000,000 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 title [sections

2091 to 2099a of this Appendix] after December 31, 1991, imposes

any contingent liability upon the United States, such liability

shall be considered an obligation against the Fund.

-SOURCE-

(Sept. 8, 1950, ch. 932, title III, Sec. 304, 64 Stat. 802; June 2,

1951, ch. 121, Ch. XI, 65 Stat. 61; July 31, 1951, ch. 275, title

I, Sec. 103(b), (c), 65 Stat. 134; Pub. L. 86-560, Sec. 2, June 30,

1960, 74 Stat. 282; Pub. L. 88-343, Sec. 3, June 30, 1964, 78 Stat.

235; Pub. L. 93-426, Sec. 2, Sept. 30, 1974, 88 Stat. 1166; Pub. L.

102-558, title I, Sec. 122, Oct. 28, 1992, 106 Stat. 4206; Pub. L.

107-47, Sec. 4(4), Oct. 5, 2001, 115 Stat. 260.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(1). Pub. L. 107-47 substituted "section

711(b)" for "section 711(c)".

1992 - Pub. L. 102-558 amended section generally. Prior to

amendment, section read as follows:

"(a) For the purposes of sections 302 and 303, the President is

authorized to utilize such existing departments, agencies,

officials, or corporations of the Government as he may deem

appropriate, or to create new agencies (other than corporations).

"(b) The Secretary of the Treasury is authorized and directed to

cancel the outstanding balance of all unpaid notes issued to the

Secretary of the Treasury pursuant to this section, together with

interest accrued and unpaid on such notes.

"(c) Any cash balance remaining on June 30, 1974, in the

borrowing authority previously authorized by this section, and any

funds thereafter received on transactions heretofore or hereafter

entered into pursuant to sections 302 and 303 shall be covered into

the Treasury as miscellaneous receipts."

1974 - Subsec. (b). Pub. L. 93-426 substituted provisions

authorizing Secretary of the Treasury to cancel outstanding balance

of all unpaid notes issued to Secretary of the Treasury together

with interest accrued and unpaid on such notes, for provisions

relating to borrowing authority mechanism by which all program

operations under the Defense Production Act have been financed

since the initiation of the Act in 1950 with an overall limit of

$2.1 billion outstanding at any one time and with provisions for

payment of interest on the obligations.

Subsec. (c). Pub. L. 93-426 added subsec. (c). Former subsec. (c)

was repealed by act July 31, 1951, ch. 275, title I, Sec. 103(c),

65 Stat. 134.

1964 - Subsec. (b). Pub. L. 88-343 provided that no new purchases

or commitments to purchase shall be made or entered into after June

30, 1964, unless President makes a finding that such new purchases

or commitments are essential to national security, and that total

of such new purchases or commitments including contingent

liabilities, could not exceed $100,000,000.

1960 - Subsec. (b). Pub. L. 86-560 substituted "six months" for

"quarter".

1951 - Subsec. (b). Act July 31, 1951, Sec. 103(b), increased

revolving fund from $600,000,000 to $2,100,000,000, and limited

contingent liability of the United States.

Act June 2, 1951, increased aggregate of borrowing from

$600,000,000 to $1,600,000,000.

Subsec. (c). Act July 31, 1951, Sec. 103(c), repealed subsec. (c)

which authorized $1,400,000,000 to be appropriated to carry out

sections 2092 and 2093 of this Appendix.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

DEFENSE PRODUCTION ACT FUND MANAGER

Secretary of Defense designated Defense Production Act Fund

Manager in accordance with subsec. (f) of this section, see section

309 of Ex. Ord. No. 12919, June 3, 1994, 59 F.R. 29529, set out as

a note under section 2153 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2093 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2095 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

Sec. 2095. Synthetic fuel production

-STATUTE-

(a) Immediate Presidential action to meet national defense needs;

exercise of authorities; United States Synthetic Fuel Corporation

authority unaffected

(1)(A) Subject to subsection (k)(1), in order to encourage and

expedite the development of synthetic fuel for use for national

defense purposes, the President, utilizing the provisions of this

Act [sections 2061 to 2171 of this Appendix] (other than sections

101(a), 101(b), 301, 302, 303, and 306 [sections 2071(a), 2071(b),

2091, 2092, 2093, and 2096 of this Appendix]), and any other

applicable provision of law, shall take immediate action to achieve

production of synthetic fuel to meet national defense needs.

(B) The President shall exercise the authority granted by this

section -

(i) in consultation with the Secretary of Energy;

(ii) through the Department of Defense and any other Federal

department or agency designated by the President; and

(iii) consistent with an orderly transition to the separate

authorities established pursuant to the United States Synthetic

Fuels Corporation Act of 1980 [42 U.S.C. 8701 et seq.].

(2) This section shall not affect the authority of the United

States Synthetic Fuels Corporation.

(b) Specific Presidential authorities; requisites, limitations,

etc.

(1)(A) To assist in carrying out the objectives of this section,

the President, subject to subsections (c) and (d), shall -

(i) contract for purchases of, or commitments to purchase,

synthetic fuel for Government use for defense needs;

(ii) subject to paragraph (3), issue guarantees in accordance

with the provisions of section 301 [section 2091 of this

Appendix], except that the provisions of section 301(e)(1)(B)

[section 2091(e)(1)(B) of this Appendix] shall not apply with

respect to such guarantees; and

(iii) subject to paragraph (3), make loans in accordance with

the provisions of section 302 [section 2092 of this Appendix],

except that the provisions of section 302(2) [section 2092(2) of

this Appendix] shall not apply with respect to such loans.

(2)(A) Except as provided in subparagraph (B) assistance

authorized under this subsection may be provided only to persons

who are participating in a synthetic fuel project.

(B) For purposes of fabrication or manufacture of any component

of a synthetic fuel project, assistance authorized under paragraph

(1)(A)(ii) and paragraph (1)(A)(iii) may be provided to any

fabricator or manufacturer of such component.

(3) The President may not utilize the authority under paragraph

(1) to provide any loan or guarantee in accordance with the

provisions of section 301 [section 2091 of this Appendix] or

section 302 [section 2092 of this Appendix] in amounts which exceed

the limitations established in such sections unless the President

submits to the Congress notification of the proposed loan or

guarantee in the manner specified under section 307 (!1) [section

2097 of this Appendix] and such proposed action is either approved

or not disapproved by the Congress under such section. For purposes

of section 307 (!1) [section 2097 of this Appendix], any proposal

pertaining to a proposed loan or guarantee, notice of which is

transmitted to the Congress under this paragraph, shall be

considered to be a synthetic fuel action.

(c) Purchases and commitments to purchase by President; authority;

limitations; advance payments prior to construction of synthetic

fuel project

(1) Subject to paragraph (2), purchases and commitments to

purchase under subsection (b) may be made -

(A) without regard to the limitations of existing law (other

than the limitations contained in this Act [sections 2061 to 2171

of this Appendix]) regarding the procurement of goods or services

by the Government; and

(B) subject to section 717(a) [section 2166(a) of this

Appendix], for such quantities, on such terms and conditions

(including advance payments subject to paragraph (3)), and for

such periods as the President deems necessary.

(2) Purchases or commitments to purchase under subsection (b)

involving higher than established ceiling prices (or if there are

no established ceiling prices, currently prevailing market prices

as determined by the Secretary of Energy) shall not be made unless

it is determined that supplies of synthetic fuel could not be

effectively increased at lower prices or on terms more favorable to

the Government, or that such commitments or purchases are necessary

to assure the availability to the United States of supplies

overseas for use for national defense purposes.

(3) Advance payments may not be made under this section unless

construction has begun on the synthetic fuel project involved or

the President determines that all conditions precedent to

construction have been met.

(d) Bidding and contracting procedures and requirements applicable

to purchases and commitments to purchase

(1) Except as provided in paragraph (2), any purchase of or

commitment to purchase synthetic fuel under subsection (b) shall be

made by solicitation of sealed competitive bids.

(2) In any case in which no such bids are submitted to the

President or the President determines that no such bids which have

been submitted to the President are acceptable, the President may

negotiate contracts for such purchases and commitments to purchase.

(3) Any contract for such purchases or commitments to purchase

shall provide that the President has the right to refuse delivery

of the synthetic fuel involved and to pay the person involved an

amount equal to the amount by which the price for such synthetic

fuel, as specified in the contract involved, exceeds the market

price, as determined by the Secretary of Energy, for such synthetic

fuel on the delivery date specified in such contract.

(4)(A)(i) With respect to any person, including any other person

who is substantially controlled by such person (as determined by

the Secretary of Energy), the President, subject to subparagraph

(A)(ii), may not award contracts for the purchase of or commitment

to purchase more than 100,000 barrels per day crude oil equivalent

of synthetic fuel.

(ii) With respect to any person, including any other person who

is substantially controlled by such person (as determined by the

Secretary of Energy), the President may not award any contract for

the purchase or commitment to purchase of more than 75,000 barrels

per day crude oil equivalent of synthetic fuel unless the President

submits to the Congress notification of such proposed contract or

commitment in the manner specified under section 307 (!2) [section

2097 of this Appendix] and such proposed action is either approved

or not disapproved by the Congress under such section. For purposes

of section 307 (!2) [section 2097 of this Appendix], any proposal

pertaining to such a proposed contract or commitment, notice of

which is transmitted to the Congress under this subparagraph, shall

be considered to be a synthetic fuel action.

(B) A contract for the purchase of or commitment to purchase

synthetic fuel may be entered into only for synthetic fuel which is

produced in a synthetic fuel project which is located in the United

States.

(C) Each contract entered into under this section for the

purchase of or commitment to purchase synthetic fuel shall provide

that all parties to such contract agree to review and to possibly

renegotiate such contract within 10 years after the date of the

initial production at the synthetic fuel project involved. At the

time of such review, the President shall determine the need for

continued financial assistance pursuant to such contract.

(5) In any case in which the President, under the provisions of

this section, accepts delivery of any synthetic fuel, such

synthetic fuel may be used by an appropriate Federal agency. Such

Federal agency shall pay for such synthetic fuel the prevailing

market price for the product which such synthetic fuel is

replacing, as determined by the Secretary of Energy, from sums

appropriated to such Federal agency for the purchase of fuel, and

the President shall pay, from sums appropriated for such purpose

pursuant to the authorizations contained in sections 711(a)(2) and

711(a)(3) (!2) [section 2161(a)(2) and 2161(a)(3) of this

Appendix], an amount equal to the amount by which the contract

price for such synthetic fuel as specified in the contract involved

exceeds such prevailing market price.

(6) In considering any proposed contract under this section, the

President shall take into account the socioeconomic impacts on

communities which would be affected by any new or expanded

facilities required for the production of the synthetic fuel under

such contract.

(e) Scope of Presidential procurement power

The procurement power granted to the President under this section

shall include the power to transport and store and have processed

and refined any product procured under this section.

(f) Determinations necessary for purchase and sale of synthetic

fuel

(1) No authority contained in this section may be exercised to

acquire any amount of synthetic fuel unless the President

determines that such synthetic fuel is needed to meet national

defense needs and that it is not anticipated that such synthetic

fuel will be resold by the Government.

(2) In any case in which synthetic fuel is acquired by the

Government under this section, such synthetic fuel is no longer

needed to meet national defense needs, and such synthetic fuel is

not accepted by a Federal agency pursuant to subsection (d)(5), the

President shall offer such synthetic fuel to the Secretary of

Energy for purposes of meeting the storage requirements of the

Strategic Petroleum Reserve.

(3) Any synthetic fuel which is acquired by the Government under

this section and which is not used by the Government or accepted by

the Secretary of Energy pursuant to paragraph (2) shall be sold in

accordance with applicable Federal law.

(g) Maximum liability of Federal Government under contracts;

budgetary certifications

(1) Any contract under this section including any amendment or

other modification of such contract, shall, subject to the

availability of unencumbered appropriations in advance, specify in

dollars the maximum liability of the Federal Government under such

contract as determined in accordance with paragraph (2).

(2) For the purpose of determining the maximum liability under

any contract under paragraph (1) -

(A) loans shall be valued at the initial face value of the

loan;

(B) guarantees shall be valued at the initial face value of

such guarantee (including any amount of interest which is

guaranteed under such guarantee);

(C) purchase agreements shall be valued as of the date of each

such contract based upon the President's estimate of the maximum

liability under such contract; and

(D) any increase in the liability of the Government pursuant to

any amendment or other modification to a contract for a loan,

guarantee, or purchase agreement shall be valued in accordance

with the applicable preceding subparagraph.

(3) If more than one form of assistance is provided under this

section to any synthetic fuel project, then the maximum liability

under such contract for purposes of paragraphs (1) and (2) shall be

valued at the maximum potential exposure on such project at any

time during the life of such project.

(4) Any such contract shall be accompanied by a certification by

the Director of the Office of Management and Budget that the

necessary appropriations have been made for the purpose of such

contract and are available. The remaining available and

unencumbered appropriations shall equal the total aggregate

appropriations less the aggregate maximum liability of the Federal

Government under all contracts pursuant to this section.

(5) Any commitment made under this section which is nullified or

voided for any reason shall not be considered in the aggregate

maximum liability for the purposes of paragraph (4).

(h) Loan, guarantee, or purchase agreement not to be deemed a major

Federal action significantly affecting the quality of the human

environment

For purposes of section 102(2)(C) of the National Environmental

Policy Act of 1969 (42 U.S.C. 4332(2)(C)), no action in providing

any loan, guarantee, or purchase agreement under this section shall

be deemed to be a major Federal action significantly affecting the

quality of the human environment.

(i) Labor standards; applicability, certifications, etc.

All laborers and mechanics employed for the construction, repair,

or alteration of any synthetic fuel project funded, in whole or in

part, by a guarantee or loan entered into pursuant to this section

shall be paid wages at rates not less than those prevailing on

projects of a similar character in the locality as determined by

the Secretary of Labor in accordance with subchapter IV of chapter

31 of title 40, United States Code. Guaranteeing agencies shall not

extend guarantees and the President shall not make loans for the

construction, repair or alteration of any synthetic fuel project

unless a certification is provided to the agency or the President,

as the case may be, prior to the commencement of construction or at

the time of filing an application for a loan or guarantee, if

construction has already commenced, that these labor standards will

be maintained at the synthetic fuel project. With respect to the

labor standards specified in this subsection, the Secretary of

Labor shall have the authority and functions set forth in

Reorganization Plan Numbered 14 of 1950.

(j) Other jurisdictional, etc., authorities relating to water

resources and rights unaffected

(1) Nothing in this section shall -

(A) affect the jurisdiction of the States and the United States

over waters of any stream or over any ground water resource;

(B) alter, amend, repeal, interpret, modify, or be in conflict

with any interstate compact made by any States; or

(C) confer upon any non-Federal entity the ability to exercise

any Federal right to the waters of any stream or to any ground

water resource.

(2) No synthetic fuel project constructed pursuant to the

authorities of this section shall be considered to be a Federal

project for purposes of the application for or assignment of water

rights.

(k) Termination of contracting or commitment authority of

President; renewal or extension of contracts

(1) Subject to paragraph (2), the authority of the President to

enter into any new contract or commitment under this section shall

cease to be effective on the date on which the President determines

that the United States Synthetic Fuels Corporation is established

and fully operational consistent with the provisions of the United

States Synthetic Fuels Corporation Act of 1980 [42 U.S.C. 8701 et

seq.].

(2) Contracts entered into under this section before the date

specified in paragraph (1) may be renewed and extended by the

President after the date specified in paragraph (1) but only to the

extent that Congress has specifically appropriated funds for such

renewals and extensions.

-SOURCE-

(Sept. 8, 1950, ch. 932, title III, Sec. 305, as added Pub. L.

96-294, title I, Sec. 104(e), June 30, 1980, 94 Stat. 619; amended

Pub. L. 107-314, div. A, title X, Sec. 1062(o)(3), Dec. 2, 2002,

116 Stat. 2653.)

-REFTEXT-

REFERENCES IN TEXT

The United States Synthetic Fuels Corporation Act of 1980,

referred to in subsecs. (a)(1)(B)(iii) and (k)(1), is Pub. L.

96-294, title I, pt. B, June 30, 1980, 94 Stat. 633, which was

classified generally to chapter 95 (Sec. 8701 et seq.) of Title 42,

The Public Health and Welfare, and was omitted from the Code. For

complete classification of this Act to the Code, see Tables.

Section 307, referred to in subsecs. (b)(3) and (d)(4)(A)(ii), is

classified to section 2097 of this Appendix and was amended by Pub.

L. 102-558, title I, Sec. 151, Oct. 28, 1992, 106 Stat. 4218, and

as so amended, provisions relating to congressional approval of

synthetic fuel action by the President were struck out.

Section 711, referred to in subsec. (d)(5), is classified to

section 2161 of this Appendix and was amended by Pub. L. 102-558,

title I, Sec. 152, Oct. 28, 1992, 106 Stat. 4218, repealing subsec.

(a)(2) and redesignating subsec. (a)(3) as subsec. (b). Subsec. (b)

was subsequently repealed and a new subsec. (b) added by Pub. L.

104-64, Sec. 3(2), Dec. 18, 1995, 109 Stat. 689.

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(i), is set out in the Appendix to Title 5, Government Organization

and Employees.

-MISC1-

AMENDMENTS

2002 - Subsec. (i). Pub. L. 107-314, Sec. 1062(o)(3)(B), struck

out "and section 276(c) of title 40" before period at end.

Pub. L. 107-314, Sec. 1062(o)(3)(A), substituted "subchapter IV

of chapter 31 of title 40, United States Code" for "the Act

entitled 'An Act relating to the rate of wages for laborers and

mechanics employed on public buildings of the United States and the

District of Columbia by contractors and subcontractors, and for

other purposes', approved March 3, 1931 (40 U.S.C. 276a et seq.)

and commonly known as the Davis-Bacon Act".

EFFECTIVE DATE

Section effective June 30, 1980, see section 107 of Pub. L.

96-294, set out as an Effective Date of 1980 Amendment note under

section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

TERMINATION OF UNITED STATES SYNTHETIC FUELS CORPORATION

United States Synthetic Fuels Corporation terminated by Pub. L.

99-272, title VII, Sec. 7403(b), Apr. 7, 1986, 100 Stat. 144, set

out as a note under section 8791 of Title 42, The Public Health and

Welfare.

-EXEC-

EXECUTIVE ORDER NO. 12242

Ex. Ord. No. 12242, Sept. 30, 1980, 45 F.R. 65175, which related

to delegation and exercise of functions relating to synthetic

fuels, was revoked, except with respect to any loan guarantee

issued under the provisions of that order, by Ex. Ord. No. 12346,

Sec. 4, Feb. 8, 1982, 47 F.R. 5993, set out below.

EX. ORD. NO. 12346. TRANSITION OF SYNTHETIC FUEL RESPONSIBILITIES

FROM DEPARTMENT OF ENERGY TO UNITED STATES SYNTHETIC FUELS

CORPORATION

Ex. Ord. No. 12346, Feb. 8, 1982, 47 F.R. 5993, provided:

By the authority vested in me as President by Section 305(k) of

the Defense Production Act of 1950, as amended (50 U.S.C. App.

2095(k)), and having determined that the United States Synthetic

Fuels Corporation is established and fully operational consistent

with the provisions of the United States Synthetic Fuels

Corporation Act of 1980 (Public Law 96-294; 94 Stat. 633 et seq.)

[42 U.S.C. 8701 et seq.], and to provide for an orderly transition

of synthetic fuel responsibilities from the Department of Energy to

the United States Synthetic Fuels Corporation, it is hereby ordered

as follows:

Section 1. No new awards for purchases or commitments for

financial assistance shall be made under the provisions of Section

305 of the Defense Production Act of 1950, as amended [this

section].

Sec. 2. Synthetic fuels projects or actions initiated by the

Department of Energy shall, to the extent provided in the

Supplemental Appropriations and Rescissions Act, 1980 (Public Law

96-304; 94 Stat. 880-881) [see 42 U.S.C. 5915 note], transfer to

the Corporation upon a majority vote of the Board of Directors of

the Corporation, and unexpended balances of the funds obligated for

such projects shall be transferred to the Corporation to the extent

such projects are transferred to the Corporation.

Sec. 3. The balance of the amounts not committed or not

conditionally committed by the Department of Energy which were

appropriated by Public Law 96-304 and Public Law 96-126 [see 42

U.S.C. 5915 note] from the Energy Security Reserve to the

Department of Energy are available as provided in the Supplemental

Appropriations and Rescissions Act, 1981 (Public Law 97-12; 95

Stat. 48) [see 42 U.S.C. 5915 note], to carry out the provisions of

Title I of the Energy Security Act (Public Law 96-294; 94 Stat. 616

et seq.) [which enacted sections 2075, 2076, and 2095 to 2098 of

this Appendix and section 8701 et seq. of Title 42, The Public

Health and Welfare, amended sections 2062, 2091 to 2093, 2151,

2161, and 2166 of this Appendix, and enacted provisions set out as

notes under sections 2061 and 2062 of this Appendix and section

8701 of Title 42].

Sec. 4. Executive Order No. 12242 of September 30, 1980 is

revoked.

Sec. 5. Notwithstanding the revocation of Executive Order No.

12242, the provisions of that Order shall continue in full force

and effect with respect to any loan guarantee issued under the

provisions of that Order.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2076, 2091, 2096, 2096a,

2098, 2161 of this Appendix.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 2096 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

Sec. 2096. Synthetic fuel production subsequent to determinations

respecting a national energy supply shortage of defense fuels

-STATUTE-

(a) Invocation of authorities; judicial review prohibited

(a)(1) At any time after the date of the enactment of this

section [June 30, 1980], the President may, subject to paragraph

(2), invoke the authorities provided under this section upon making

all the following determinations and transmitting a report to the

Congress regarding such determinations:

(A) a national energy supply shortage has resulted or is likely

to result in a shortfall of petroleum supplies in the United

States, and such shortage is expected to persist for a period of

time sufficient to seriously threaten the adequacy of defense

fuel supplies essential to direct defense and direct defense

industrial base programs;

(B) the continued adequacy of such supplies cannot be assured

and requires expedited production of synthetic fuel to provide

such defense fuel supplies;

(C) the expedited production of synthetic fuel to provide such

defense fuel supplies will not be accomplished in a timely manner

by the United States Synthetic Fuels Corporation; and

(D) the exercise of the authorities provided under subsection

(c) is necessary to provide for the expedited production of

synthetic fuel to provide such defense fuel supplies.

(2)(A) Any transmittal under paragraph (1) shall contain a

determination by the President regarding the extent of the

anticipated shortage of petroleum supplies. If the President

determines that such shortage is greater than 25 percent, the

authorities invoked by the President under this section shall be

effective on the date on which the report required under paragraph

(1) is transmitted to the Congress.

(B) If the President determines that such shortage is less than

25 percent, the transmittal under paragraph (1) shall be made in

accordance with section 307 (!1) [section 2097 of this Appendix]

and the authorities under this section shall be effective only as

provided under such section. For purposes of section 307 (!1)

[section 2097 of this Appendix], any determination to invoke

authorities under this section, notice of which is transmitted to

the Congress under this subsection, shall be considered to be a

synthetic fuel action.

(3) No court shall have the authority to review any determination

made by the President under this subsection.

(b) Immediate Presidential action to meet national defense needs;

exercise of authorities; United States Synthetic Fuels

Corporation authority unaffected

(1)(A) Subject to the requirements of subsection (a), in order to

encourage and expedite the development of synthetic fuel for use

for national defense purposes, the President, utilizing the

provisions of this Act [sections 2061 to 2171 of this Appendix]

(other than sections 101(a), 101(b), 301, 302, 303, and 305

[sections 2071(a), 2071(b), 2091, 2092, 2093, and 2095 of this

Appendix]), and any other applicable provision of law, shall take

immediate action to achieve production of synthetic fuel to meet

national defense needs.

(B) The President shall exercise the authority granted by this

section -

(i) in consultation with the Secretary of Energy; and

(ii) through the Department of Defense and any other Federal

department or agency designated by the President.

(2) This section shall not affect the authority of the United

States Synthetic Fuels Corporation.

(c) Specific Presidential authorities; requisites, limitations,

etc.

(1)(A) To assist in carrying out the objectives of this section,

the President, subject to subsections (d) and (e), shall -

(i) contract for purchases of or commitments to purchase

synthetic fuel for Government use for defense needs;

(ii) subject to paragraph (4), issue guarantees in accordance

with the provisions of section 301 [section 2091 of this

Appendix], except that the provisions of section 301(e)(1)(B)

[section 2091(e)(1)(B) of this Appendix] shall not apply with

respect to such guarantees;

(iii) subject to paragraph (4), make loans in accordance with

the provisions of section 302 [section 2092 of this Appendix],

except that the provisions of section 302(2) [section 2092(2) of

this Appendix] shall not apply with respect to such loans;

(iv) have the authority to require fuel suppliers to provide

synthetic fuel in any case in which the President deems it

practicable and necessary to meet the national defense needs of

the United States. Nothing in this paragraph shall be intended to

provide authority for the President to require fuel suppliers to

produce synthetic fuel if such suppliers are not already

producing synthetic fuel or do not intend to produce synthetic

fuel;

(v) have the authority to install additional equipment,

facilities, processes, or improvements to plants, factories, and

other industrial facilities owned by the Government, and to

install Government-owned equipment in plants, factories, and

other industrial facilities owned by private persons; and

(vi) have the authority to undertake Government synthetic fuel

projects in accordance with the provisions of paragraph (2).

(B)(i) Except as provided in clause (ii), assistance authorized

under this subsection may be provided only to persons who are

participating in a synthetic fuel project.

(ii) For purposes of fabrication or manufacture of any component

of a synthetic fuel project, assistance authorized under paragraph

(1)(A)(ii) and paragraph (1)(A)(iii) may be provided to any

fabricator or manufacturer of such component.

(2)(A) The Government, acting through the President, is

authorized to own Government synthetic fuel projects. In any case

in which the Government owns a Government synthetic fuel project,

the Government shall contract for the construction and operation of

such project.

(B) The authority of the Government pursuant to subparagraph (A)

to own and contract for the construction and operation of any

Government synthetic fuel project shall include, among other

things, the authority to -

(i) subject to subparagraph (C), take delivery of synthetic

fuel from such project; and

(ii) transport and store and have processed and refined such

synthetic fuel.

(C) Any synthetic fuel which the Government takes delivery of

from a Government synthetic fuel project shall be disposed of in

accordance with subsection (g).

(D) To the maximum extent feasible, the President shall utilize

the private sector for the activities associated with this

paragraph.

(3)(A) Except as provided in subparagraph (B), any contract for

the construction or operation of a Government synthetic fuel

project shall be made by solicitation of sealed competitive bids.

(B) In any case in which no such bids are submitted to the

President or the President determines that no such bids have been

submitted which are acceptable to the President, the President may

negotiate contracts for such construction and operation.

(4) The President may not utilize the authority under paragraph

(1) to provide any loan or guarantee in accordance with the

provisions of section 301 [section 2091 of this Appendix] or

section 302 [section 2092 of this Appendix] in amounts which exceed

the limitations established in such sections unless the President

submits to the Congress notification of the proposed loan or

guarantee in the manner specified under section 307 (!2) [section

2097 of this Appendix] and such proposed action is either approved

or not disapproved by the Congress under such section. For purposes

of section 307 (!2) [section 2097 of this Appendix], any proposal

pertaining to a proposed loan or guarantee, notice of which is

transmitted to the Congress under this paragraph, shall be

considered to be a synthetic fuel action.

(5) Before the President may utilize any specific authority

described under paragraph (1), the President shall transmit to the

Congress a statement containing a certification that the

determinations made by the President in the transmittal to the

Congress under subsection (a)(1) are still valid at the time of the

transmittal of such certification.

(6)(A) No authority contained in paragraphs (1)(A)(i) through

(1)(A)(iv) may be utilized by the President unless the use of such

authority has been authorized by the Congress in an Act hereinafter

enacted by the Congress.

(B) The President may not utilize any authority under paragraph

(1)(A)(v) or paragraph (1)(A)(vi) unless the proposed exercise of

authority has been specifically authorized on a project-by-project

basis in an Act hereinafter enacted by the Congress and funds have

been specifically appropriated by the Congress for purposes of

exercising such authority.

(d) Purchases and commitments to purchase by President; authority;

limitations; advance payments prior to construction of synthetic

fuel project

(1) Subject to paragraph (2), purchases and commitments to

purchase under subsection (c) may be made -

(A) without regard to the limitations of existing law (other

than those limitations contained in this Act [sections 2061 to

2171 of this Appendix]) regarding the procurement of goods or

services by the Government; and

(B) subject to section 717(a) [section 2166(a) of this

Appendix], for such quantities, on such terms and conditions

(including advance payments subject to paragraph (3)), and for

such periods as the President deems necessary.

(2) Purchases or commitments to purchase under subsection (c)

involving higher than established ceiling prices (or if there are

no established ceiling prices, currently prevailing market prices

as determined by the Secretary of Energy) shall not be made unless

it is determined that supplies of synthetic fuel could not be

effectively increased at lower prices or on terms more favorable to

the Government, or that such commitments or purchases are necessary

to assure the availability to the United States of supplies

overseas for use for national defense purposes.

(3) Advance payments may not be made under this section unless

construction has begun on the synthetic fuel project involved or

the President determines that all conditions precedent to

construction have been met.

(e) Bidding and contracting procedures and requirements applicable

to purchases and commitments to purchase

(1) Except as provided in paragraph (2), any purchase or

commitment to purchase synthetic fuel under subsection (c) shall be

made by solicitation of sealed competitive bids.

(2) In any case in which no such bids are submitted to the

President or the President determines that no such bids which have

been submitted to the President are acceptable, the President may

negotiate contracts for such purchases and commitments to purchase.

(3) Any contract for such purchases or commitments to purchase

shall provide that the President has the right to refuse delivery

of the synthetic fuel involved and to pay the person involved an

amount equal to the amount by which the price for such synthetic

fuel, as specified in the contract involved, exceeds the market

price, as determined by the Secretary of Energy, for such synthetic

fuel on the delivery date specified in such contract.

(4)(A) With respect to any person, including any other person who

is substantially controlled by such person (as determined by the

Secretary of Energy), the President, subject to subparagraph (B),

may not award contracts for the purchase of or commitment to

purchase more than 100,000 barrels per day crude oil equivalent of

synthetic fuel.

(B) With respect to any person, including any other person who is

substantially controlled by such person (as determined by the

Secretary of Energy), the President may not award any contract for

the purchase of or commitment to purchase more than 75,000 barrels

per day crude oil equivalent of synthetic fuel unless the President

submits to the Congress notification of such proposed contract or

commitment in the manner specified under section 307 (!3) [section

2097 of this Appendix] and such proposed action is either approved

or not disapproved by the Congress under such section. For purposes

of section 307 (!3) [section 2097 of this Appendix], any proposal

pertaining to such a proposed contract or commitment, notice of

which is transmitted to the Congress under this subparagraph, shall

be considered to be a synthetic fuel action.

(5) A contract for the purchase of or commitment to purchase

synthetic fuel may be entered into only for synthetic fuel which is

produced in a synthetic fuel project which is located in the United

States.

(6) Each contract entered into under this section for the

purchase of or commitment to purchase synthetic fuel shall provide

that all parties to such contract agree to review and to possibly

renegotiate such contract within 10 years after the date of the

initial production at the synthetic fuel project involved. At the

time of such review, the President shall determine the need for

continued financial assistance pursuant to such contract.

(7) In any case in which the President, under the provisions of

this section, accepts delivery of any synthetic fuel, such

synthetic fuel may be used by an appropriate Federal agency. Such

Federal agency shall pay for such synthetic fuel the prevailing

market price for the product which such synthetic fuel is

replacing, as determined by the Secretary of Energy, from sums

appropriated to such Federal agency for the purchase of fuel, and

the President shall pay, from sums appropriated for such purpose,

an amount equal to the amount by which the contract price for such

synthetic fuel as specified in the contract involved exceeds such

prevailing market price.

(8) In considering any proposed contract under this section, the

President shall take into account the socioeconomic impacts on

communities which would be affected by any new or expanded

facilities required for the production of the synthetic fuel under

such contract.

(f) Scope of Presidential procurement power

The procurement power granted to the President under this section

shall include the power to transport and store and have processed

and refined any product procured under this section.

(g) Determinations respecting purchase and sale of synthetic fuel

(1) No authority contained in this section may be exercised to

acquire any amount of synthetic fuel unless the President

determines that such synthetic fuel is needed to meet national

defense needs and that it is not anticipated that such synthetic

fuel will be resold by the Government.

(2) In any case in which synthetic fuel is acquired by the

Government under this section, such synthetic fuel is no longer

needed to meet national defense needs, and such synthetic fuel is

not accepted by a Federal agency pursuant to subsection (e)(7), the

President shall offer such synthetic fuel to the Secretary of

Energy for purposes of meeting the storage requirements of the

Strategic Petroleum Reserve.

(3) Any synthetic fuel which is acquired by the Government under

this section and which is not used by the Government or accepted by

the Secretary of Energy pursuant to paragraph (2), shall be sold in

accordance with applicable Federal law.

(h) Maximum liability of Federal Government under contracts;

budgetary certifications

(1) Any contract under this section, including any amendment or

other modification of such contract, shall, subject to the

availability of unencumbered appropriations in advance, specify in

dollars the maximum liability of the Federal Government under such

contract as determined in accordance with paragraph (2).

(2) For the purpose of determining the maximum liability under

any contract under paragraph (1) -

(A) loans shall be valued at the initial face value of the

loan;

(B) guarantees shall be valued at the initial face value of

such guarantee (including any amount of interest which is

guaranteed under such guarantee);

(C) purchase agreements shall be valued as of the date of each

such contract based upon the President's estimate of the maximum

liability under such contract;

(D) contracts for activities under subsection (c)(1)(A)(v)

shall be valued at the initial face value of such contract;

(E) Government synthetic fuel projects pursuant to subsection

(c)(1)(A)(vi) shall be valued at the current estimated cost to

the Government, as determined annually by the President; and

(F) any increase in the liability of the Government pursuant to

any amendment or other modification to a contract for a loan,

guarantee, purchase agreement, contract for activities under

subsection (c)(1)(A)(v), or Government synthetic fuel project

pursuant to subsection (c)(1)(A)(vi) shall be valued in

accordance with the applicable preceding subparagraph.

(3) If more than one form of assistance is provided under this

section to any synthetic fuel project then the maximum liability

under such contract for purposes of paragraphs (1) and (2) shall be

valued at the maximum potential exposure on such project at any

time during the life of such project.

(4) Any such contract shall be accompanied by a certification by

the Director of the Office of Management and Budget that the

necessary appropriations have been made for the purpose of such

contract and are available. The remaining available and

unencumbered appropriations shall equal the total aggregate

appropriations less the aggregate maximum liability of the Federal

Government under all contracts pursuant to this section.

(5) Any commitment made under this section which is nullified or

voided for any reason shall not be considered in the aggregate

maximum liability for the purposes of paragraph (4).

(i) Loan, guarantee, or purchase not to be deemed a major Federal

action significantly affecting the quality of the human

environment

For purposes of section 102(2)(C) of the National Environmental

Policy Act of 1969 (42 U.S.C. 4332(2)(C)), no action in providing

any loan, guarantee, or purchase agreement under this section,

shall be deemed to be a major Federal action significantly

affecting the quality of the human environment.

(j) Labor standards; applicability, certifications, etc.

All laborers and mechanics employed for the construction, repair,

or alteration of any synthetic fuel project funded, in whole or in

part, by a guarantee or loan entered into pursuant to this section

shall be paid wages at rates not less than those prevailing on

projects of a similar character in the locality as determined by

the Secretary of Labor in accordance with subchapter IV of chapter

31 of title 40, United States Code. Guaranteeing agencies shall not

extend guarantees and the President shall not make loans for the

construction, repair or alteration of any synthetic fuel project

unless a certification is provided to the agency or the President,

as the case may be, prior to the commencement of construction or at

the time of filing an application for a loan or guarantee, if

construction has already commenced, that these labor standards will

be maintained at the synthetic fuel project. With respect to the

labor standards specified in this subsection, the Secretary of

Labor shall have the authority and functions set forth in

Reorganization Plan Numbered 14 of 1950.

(k) Other jurisdictional, etc., authorities relating to water

resources and rights unaffected

(1) Nothing in this section shall -

(A) affect the jurisdiction of the States and the United States

over waters of any stream or over any ground water resource;

(B) alter, amend, repeal, interpret, modify, or be in conflict

with any interstate compact made by any States; or

(C) confer upon any non-Federal entity the ability to exercise

any Federal right to the waters of any stream or to any ground

water resource.

(2) No synthetic fuel project constructed pursuant to the

authorities of this section shall be considered to be a Federal

project for purposes of the application for or assignment of water

rights.

(l) Renewals and extensions of contracts

Renewals and extensions of contracts entered into under this

section shall be made only to the extent that Congress has

specifically appropriated funds for such renewals and extensions,

unless the President certifies that the determinations under

section 306(a)(1) [subsec. (a)(1) of this section] remain in effect

for purposes of the use of such authority.

-SOURCE-

(Sept. 8, 1950, ch. 932, title III, Sec. 306, as added Pub. L.

96-294, title I, Sec. 104(e), June 30, 1980, 94 Stat. 623; amended

Pub. L. 107-314, div. A, title X, Sec. 1062(o)(3), Dec. 2, 2002,

116 Stat. 2653.)

-REFTEXT-

REFERENCES IN TEXT

Section 307, referred to in subsecs. (a)(2)(B), (c)(4), and

(e)(4)(B), is classified to section 2097 of this Appendix and was

amended by Pub. L. 102-558, title I, Sec. 151, Oct. 28, 1992, 106

Stat. 4218, and as so amended, provisions relating to congressional

approval of synthetic fuel action by the President were struck out.

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(j), is set out in the Appendix to Title 5, Government Organization

and Employees.

-MISC1-

AMENDMENTS

2002 - Subsec. (j). Pub. L. 107-314, Sec. 1062(o)(3)(B), struck

out "and section 276(c) of title 40" before period at end.

Pub. L. 107-314, Sec. 1062(o)(3)(A), substituted "subchapter IV

of chapter 31 of title 40, United States Code" for "the Act

entitled 'An Act relating to the rate of wages for laborers and

mechanics employed on public buildings of the United States and the

District of Columbia by contractors and subcontractors and for

other purposes', approved March 3, 1931 (40 U.S.C. 276a et seq.)

and commonly known as the Davis-Bacon Act".

EFFECTIVE DATE

Section effective June 30, 1980, see section 107 of Pub. L.

96-294, set out as an Effective Date of 1980 Amendment note under

section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

TERMINATION OF UNITED STATES SYNTHETIC FUELS CORPORATION

United States Synthetic Fuels Corporation terminated by Pub. L.

99-272, title VII, Sec. 7403(b), Apr. 7, 1986, 100 Stat. 144, set

out as a note under section 8791 of Title 42, The Public Health and

Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2076, 2091, 2095, 2096a,

2098, 2161 of this Appendix.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

(!3) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 2096a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

Sec. 2096a. Annual reports on synthetic fuel production

-STATUTE-

Beginning one year after the effective date of this part [June

30, 1980], and annually thereafter, the President shall submit a

report to the Congress on actions taken under sections 305 and 306

of the Defense Production Act of 1950 [sections 2095 and 2096 of

this Appendix].

-SOURCE-

(Pub. L. 96-294, title I, Sec. 106, June 30, 1980, 94 Stat. 633.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Security Act, and not

as part of the Defense Production Act of 1950 which comprises

sections 2061 to 2171 of this Appendix.

-MISC1-

EFFECTIVE DATE

Section effective June 30, 1980, see section 107 of Pub. L.

96-294, set out as an Effective Date of 1980 Amendment note under

section 2062 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2097 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

Sec. 2097. Synthetic fuel action

-STATUTE-

(a) "Synthetic fuel action" defined

For purposes of this section, the term "synthetic fuel action"

means any matter required to be transmitted, or submitted to the

Congress in accordance with the procedures of this section.

(b) Submission to Congress by President

The President shall transmit any synthetic fuel action (bearing

an identification number) to both Houses of the Congress on the

same day.

-SOURCE-

(Sept. 8, 1950, ch. 932, title III, Sec. 307, as added Pub. L.

96-294, title I, Sec. 104(e), June 30, 1980, 94 Stat. 628; amended

Pub. L. 102-558, title I, Sec. 151, Oct. 28, 1992, 106 Stat. 4218.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-558, Sec. 151(1), struck out

after first sentence "If both Houses are not in session on the day

on which any synthetic fuel action is received by the appropriate

officers of each House, such synthetic fuel action shall be deemed

to have been received on the first succeeding day on which both

Houses are in session."

Subsecs. (c) to (g). Pub. L. 102-558, Sec. 151(2), struck out

subsec. (c) relating to effective date of synthetic fuel action,

resolution of disfavor, and earlier effective date; subsec. (d)

relating to congressional sessions for purposes of effective date;

subsec. (e) relating to later effective date of synthetic fuel

action; subsec. (f) relating to construction and applicability of

procedures with rules of each House; and subsec. (g) relating to

procedures applicable to resolutions of approval and disapproval.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

EFFECTIVE DATE

Section effective June 30, 1980, see section 107 of Pub. L.

96-294, set out as an Effective Date of 1980 Amendment note under

section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2095, 2096 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2098 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

Sec. 2098. Definitions

-STATUTE-

(a) For purposes of this Act [sections 2061 to 2171 of this

Appendix], the term "Government synthetic fuel project" means a

synthetic fuel project undertaken in accordance with the provisions

of section 306(c) [section 2096(c) of this Appendix].

(b)(1)(A) For purposes of this Act [sections 2061 to 2171 of this

Appendix], the term "synthetic fuel" means any solid, liquid, or

gas, or combination thereof, which can be used as a substitute for

petroleum or natural gas (or any derivatives thereof, including

chemical feedstocks) and which is produced by chemical or physical

transformation (other than washing, coking, or desulfurizing) of

domestic sources of -

(i) coal, including lignite and peat;

(ii) shale;

(iii) tar sands, including those heavy oil resources where -

(I) the cost and the technical and economic risks make

extraction and processing of a heavy oil resource uneconomical

under applicable pricing and tax policies; and

(II) the costs and risks are comparable to those associated

with shale, coal, and tar sand resources (other than heavy oil)

qualifying for assistance under section 305 [section 2095 of

this Appendix] or section 306 [section 2096 of this Appendix];

and

(iv) water, as a source of hydrogen only through electrolysis.

(B) Such term includes mixtures of coal and combustible liquids,

including petroleum.

(C) Such term does not include solids, liquids, or gases, or

combinations thereof, derived from biomass, which includes timber,

animal and timber waste, municipal and industrial waste, sewage,

sludge, oceanic and terrestrial plants, and other organic matter.

(2)(A) For purposes of this Act [sections 2061 to 2171 of this

Appendix], the term "synthetic fuel project" means any facility

using an integrated process or processes at a specific geographic

location in the United States for the purpose of commercial

production of synthetic fuel. The project may include only -

(i) the facility, including the equipment, plant, machinery,

supplies, and other materials associated with the facility, which

converts the domestic resource to synthetic fuel;

(ii) the land and mineral rights required directly for use in

connection with the facilities for the production of synthetic

fuels;

(iii) any facility or equipment to be used in the extraction of

a mineral for use directly and exclusively in such conversion;

(I) which -

(aa) is co-located with the conversion facility or is

located in the immediate vicinity of the conversion facility;

or

(bb) if not co-located or located in the immediate

vicinity, is incidental to the project (except in the event

of a coal mine where no other reasonable source of coal is

available to the project); and

(II) which is necessary to the project; and

(iv) any transportation facility, electric powerplant, electric

transmission line or other facility -

(I) which is for the exclusive use of the project;

(II) which is incidental to the project; and

(III) which is necessary to the project, except that

transportation facilities used to transport synthetic fuel away

from the project shall be used exclusively to transport

synthetic fuel to a storage facility or pipeline connecting to

an existing pipeline or processing facility or area within

close proximity of the project.

(B)(i) Such term may also include a project which will result in

the replacement of a significant amount of oil and is -

(I) used solely for the production of a mixture of coal and

combustible liquids, including petroleum, for direct use as a

fuel, but shall not include -

(aa) any mineral right; or

(bb) any facility or equipment for extraction of any mineral;

(II) used solely for the commercial production of hydrogen from

water through electrolysis; and

(III) a magnetohydrodynamic topping cycle used solely for the

commercial production of electricity.

(ii) Such a synthetic fuel project using magnetohydrodynamic

technology shall only be eligible for guarantees under section 305

[section 2095 of this Appendix] or section 306 [section 2096 of

this Appendix].

(C) For purposes of this paragraph -

(i) the term "exclusive" means for the sole use of the project,

except that an incidental by-product might be used for other

purposes;

(ii) the term "incidental" means a relatively small portion of

the total project cost; and

(iii) the term "necessary" means an integrated part of the

project taking into account considerations of economy and

efficiency of operation.

(c) For purposes of section 305 [section 2095 of this Appendix]

and section 306 [section 2096 of this Appendix], the term "United

States" means the several States, the District of Columbia, the

Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Northern

Mariana Islands, the Trust Territory of the Pacific Islands, and

any other territory or possession of the United States.

-SOURCE-

(Sept. 8, 1950, ch. 932, title III, Sec. 308, as added Pub. L.

96-294, title I, Sec. 104(e), June 30, 1980, 94 Stat. 631.)

-MISC1-

EFFECTIVE DATE

Section effective June 30, 1980, see section 107 of Pub. L.

96-294, set out as an Effective Date of 1980 Amendment note under

section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

50 USC APPENDIX Sec. 2099 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

Sec. 2099. Annual report on impact of offsets

-STATUTE-

(a) Annual report on impact of offsets

(1) Report required

Not later than 18 months after April 17, 1984, and annually

thereafter, the President shall submit to the Committee on

Financial Services of the House of Representatives and the

Committee on Banking, Housing, and Urban Affairs of the Senate, a

detailed report on the impact of offsets on the defense

preparedness, industrial competitiveness, employment, and trade

of the United States.

(2) Duties of the Secretary of Commerce

The Secretary of Commerce (hereafter in this subsection

referred to as "the Secretary") shall -

(A) prepare the report required by paragraph (1);

(B) consult with the Secretary of Defense, the Secretary of

the Treasury, the Secretary of State, and the United States

Trade Representative in connection with the preparation of such

report; and

(C) function as the President's Executive Agent for carrying

out this section.

(b) Interagency studies and related data

(1) Purpose of report

Each report required under subsection (a) shall identify the

cumulative effects of offset agreements on -

(A) the full range of domestic defense productive capability

(with special attention paid to the firms serving as lower-tier

subcontractors or suppliers); and

(B) the domestic defense technology base as a consequence of

the technology transfers associated with such offset

agreements.

(2) Use of data

Data developed or compiled by any agency while conducting any

interagency study or other independent study or analysis shall be

made available to the Secretary to facilitate the execution of

the Secretary's responsibilities with respect to trade offset and

countertrade policy development.

(c) Notice of offset agreements

(1) In general

If a United States firm enters into a contract for the sale of

a weapon system or defense-related item to a foreign country or

foreign firm and such contract is subject to an offset agreement

exceeding $5,000,000 in value, such firm shall furnish to the

official designated in the regulations promulgated pursuant to

paragraph (2) information concerning such sale.

(2) Regulations

The information to be furnished under paragraph (1) shall be

prescribed in regulations promulgated by the Secretary. Such

regulations shall provide protection from public disclosure for

such information, unless public disclosure is subsequently

specifically authorized by the firm furnishing the information.

(d) Contents of report

(1) In general

Each report under subsection (a) shall include -

(A) a net assessment of the elements of the industrial base

and technology base covered by the report;

(B) recommendations for appropriate remedial action under the

authority of this Act [sections 2061 to 2171 of this Appendix],

or other law or regulations;

(C) a summary of the findings and recommendations of any

interagency studies conducted during the reporting period under

subsection (b);

(D) a summary of offset arrangements concluded during the

reporting period for which information has been furnished

pursuant to subsection (c); and

(E) a summary and analysis of any bilateral and multilateral

negotiations relating to the use of offsets completed during

the reporting period.

(2) Alternative findings or recommendations

Each report required under this section shall include any

alternative findings or recommendations offered by any

departmental Secretary, agency head, or the United States Trade

Representative to the Secretary.

(e) Utilization of annual report in negotiations

The findings and recommendations of the reports required by

subsection (a), and any interagency reports and analyses shall be

considered by representatives of the United States during bilateral

and multilateral negotiations to minimize the adverse effects of

offsets.

-SOURCE-

(Sept. 8, 1950, ch. 932, title III, Sec. 309, as added Pub. L.

98-265, Sec. 6, Apr. 17, 1984, 98 Stat. 152; amended Pub. L.

99-441, Sec. 4, Oct. 3, 1986, 100 Stat. 1117; Pub. L. 102-558,

title I, Sec. 124, Oct. 28, 1992, 106 Stat. 4207; Pub. L. 107-47,

Sec. 4(5), Oct. 5, 2001, 115 Stat. 260.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-47 substituted "Committee on

Financial Services of the House of Representatives" for "Committee

on Banking, Finance and Urban Affairs of the House of

Representatives".

1992 - Subsec. (a). Pub. L. 102-558, Sec. 124(1), inserted

heading, designated existing provisions as par. (1), struck after

first sentence "Each such report also shall include a discussion of

bilateral and multilateral negotiations on offsets in international

procurement and provide information on the types, terms, and

magnitude of the offsets.", and added par. (2).

Subsec. (b). Pub. L. 102-558, Sec. 124(2), amended subsec. (b)

generally, substituting present provisions for provisions

delineating the scope and contents of reports based on interagency

studies.

Subsecs. (c) to (e). Pub. L. 102-558, Sec. 124(3), added subsecs.

(c) to (e).

1986 - Pub. L. 99-441 designated existing provisions as subsec.

(a), inserted subsec. heading, substituted "a detailed report on"

for "a report on", and added subsec. (b).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under this section with respect to offsets

delegated to Secretary of Commerce by section 401 of Ex. Ord. No.

12919, June 3, 1994, 59 F.R. 29529, set out as a note under section

2153 of this Appendix.

-MISC2-

DEFENSE OFFSETS DISCLOSURE

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,

subtitle D], Nov. 29, 1999, 113 Stat. 1536, 1501A-500, provided

that:

"SEC. 1241. SHORT TITLE.

"This subtitle may be cited as the 'Defense Offsets Disclosure

Act of 1999'.

"SEC. 1242. FINDINGS AND DECLARATION OF POLICY.

"(a) Findings. - Congress makes the following findings:

"(1) A fair business environment is necessary to advance

international trade, economic stability, and development

worldwide, is beneficial for American workers and businesses, and

is in the United States national interest.

"(2) In some cases, mandated offset requirements can cause

economic distortions in international defense trade and undermine

fairness and competitiveness, and may cause particular harm to

small- and medium-sized businesses.

"(3) The use of offsets may lead to increasing dependence on

foreign suppliers for the production of United States weapons

systems.

"(4) The offset demands required by some purchasing countries,

including some close allies of the United States, equal or exceed

the value of the base contract they are intended to offset,

mitigating much of the potential economic benefit of the exports.

"(5) Offset demands often unduly distort the prices of defense

contracts.

"(6) In some cases, United States contractors are required to

provide indirect offsets which can negatively impact nondefense

industrial sectors.

"(7) Unilateral efforts by the United States to prohibit

offsets may be impractical in the current era of globalization

and would severely hinder the competitiveness of the United

States defense industry in the global market.

"(8) The development of global standards to manage and restrict

demands for offsets would enhance United States efforts to

mitigate the negative impact of offsets.

"(b) Declaration of Policy. - It is the policy of the United

States to monitor the use of offsets in international defense

trade, to promote fairness in such trade, and to ensure that

foreign participation in the production of United States weapons

systems does not harm the economy of the United States.

"SEC. 1243. DEFINITIONS.

"In this subtitle:

"(1) Appropriate congressional committees. - The term

'appropriate congressional committees' means -

"(A) the Committee on Foreign Relations of the Senate; and

"(B) the Committee on International Relations of the House of

Representatives.

"(2) G-8. - The term 'G-8' means the group consisting of

France, Germany, Japan, the United Kingdom, the United States,

Canada, Italy, and Russia established to facilitate economic

cooperation among the eight major economic powers.

"(3) Offset. - The term 'offset' means the entire range of

industrial and commercial benefits provided to foreign

governments as an inducement or condition to purchase military

goods or services, including benefits such as coproduction,

licensed production, subcontracting, technology transfer,

in-country procurement, marketing and financial assistance, and

joint ventures.

"(4) Transatlantic economic partnership. - The term

'Transatlantic Economic Partnership' means the joint commitment

made by the United States and the European Union to reinforce

their close relationship through an initiative involving the

intensification and extension of multilateral and bilateral

cooperation and common actions in the areas of trade and

investment.

"(5) Wassenaar arrangement. - The term 'Wassenaar Arrangement'

means the multilateral export control regime in which the United

States participates that seeks to promote transparency and

responsibility with regard to transfers of conventional armaments

and sensitive dual-use items.

"(6) World trade organization. - The term 'World Trade

Organization' means the organization established pursuant to the

WTO Agreement.

"(7) WTO agreement. - The term 'WTO Agreement' means the

Agreement Establishing the World Trade Organization entered into

on April 15, 1994.

"SEC. 1244. SENSE OF CONGRESS.

"It is the sense of Congress that -

"(1) the executive branch should pursue efforts to address

trade fairness by establishing reasonable, business-friendly

standards for the use of offsets in international business

transactions between the United States and its trading partners

and competitors;

"(2) the Secretary of Defense, the Secretary of State, the

Secretary of Commerce, and the United States Trade

Representative, or their designees, should raise with other

industrialized nations at every suitable venue the need for

transparency and reasonable standards to govern the role of

offsets in international defense trade;

"(3) the United States Government should enter into discussions

regarding the establishment of multilateral standards for the use

of offsets in international defense trade through the appropriate

multilateral fora, including such organizations as the

Transatlantic Economic Partnership, the Wassenaar Arrangement,

the G-8, and the World Trade Organization; and

"(4) the United States Government, in entering into the

discussions described in paragraph (3), should take into account

the distortions produced by the provision of other benefits and

subsidies, such as export financing, by various countries to

support defense trade.

"SEC. 1245. REPORTING OF OFFSET AGREEMENTS.

"[Amended section 2776 of title 22.]

"SEC. 1246. EXPANDED PROHIBITION ON INCENTIVE PAYMENTS.

"[Amended section 2779a of title 22.]

"SEC. 1247. ESTABLISHMENT OF REVIEW COMMISSION.

"(a) In General. - There is established a National Commission on

the Use of Offsets in Defense Trade (in this section referred to as

the 'Commission') to address all aspects of the use of offsets in

international defense trade.

"(b) Commission Membership. - Not later than 120 days after the

date of enactment of this Act [Nov. 29, 1999], the President, with

the concurrence of the Majority and Minority Leaders of the Senate

and the Speaker and Minority Leader of the House of

Representatives, shall appoint 11 individuals to serve as members

of the Commission. Commission membership shall include -

"(1) representatives from the private sector, including -

"(A) one each from -

"(i) a labor organization,

"(ii) a United States defense manufacturing company

dependent on foreign sales,

"(iii) a United States company dependent on foreign sales

that is not a defense manufacturer, and

"(iv) a United States company that specializes in

international investment, and

"(B) two members from academia with widely recognized

expertise in international economics; and

"(2) five members from the executive branch, including a member

from -

"(A) the Office of Management and Budget,

"(B) the Department of Commerce,

"(C) the Department of Defense,

"(D) the Department of State, and

"(E) the Department of Labor.

The member designated from the Office of Management and Budget

shall serve as Chairperson of the Commission. The President shall

ensure that the Commission is nonpartisan and that the full range

of perspectives on the subject of offsets in the defense industry

is adequately represented.

"(c) Duties. - The Commission shall be responsible for reviewing

and reporting on -

"(1) the full range of current practices by foreign governments

in requiring offsets in purchasing agreements and the extent and

nature of offsets offered by United States and foreign defense

industry contractors;

"(2) the impact of the use of offsets on defense subcontractors

and nondefense industrial sectors affected by indirect offsets;

and

"(3) the role of offsets, both direct and indirect, on domestic

industry stability, United States trade competitiveness and

national security.

"(d) Commission Report. - Not later than 12 months after the

Commission is established, the Commission shall submit a report to

the appropriate congressional committees. In addition to the items

described under subsection (c), the report shall include -

"(1) an analysis of -

"(A) the collateral impact of offsets on industry sectors

that may be different than those of the contractor providing

the offsets, including estimates of contracts and jobs lost as

well as an assessment of damage to industrial sectors;

"(B) the role of offsets with respect to competitiveness of

the United States defense industry in international trade and

the potential damage to the ability of United States

contractors to compete if offsets were prohibited or limited;

and

"(C) the impact on United States national security, and upon

United States nonproliferation objectives, of the use of

coproduction, subcontracting, and technology transfer with

foreign governments or companies that results from fulfilling

offset requirements, with particular emphasis on the question

of dependency upon foreign nations for the supply of critical

components or technology;

"(2) proposals for unilateral, bilateral, or multilateral

measures aimed at reducing any detrimental effects of offsets;

and

"(3) an identification of the appropriate executive branch

agencies to be responsible for monitoring the use of offsets in

international defense trade.

"(e) Period of Appointment; Vacancies. - Members shall be

appointed for the life of the Commission. Any vacancy in the

Commission shall not affect its powers, but shall be filled in the

same manner as the original appointment.

"(f) Initial Meeting. - Not later than 30 days after the date on

which all members of the Commission have been appointed, the

Commission shall hold its first meeting.

"(g) Meetings. - The Commission shall meet at the call of the

Chairman.

"(h) Commission Personnel Matters. -

"(1) Compensation of members. - Each member of the Commission

who is not an officer or employee of the Federal Government shall

be compensated at a rate equal to the daily equivalent of the

annual rate of basic pay prescribed for level IV of the Executive

Schedule under section 5315 of title 5, United States Code, for

each day (including travel time) during which such member is

engaged in the performance of the duties of the Commission. All

members of the Commission who are officers or employees of the

United States shall serve without compensation in addition to

that received for their services as officers or employees of the

United States.

"(2) Travel expenses. - The members of the Commission shall be

allowed travel expenses, including per diem in lieu of

subsistence, at rates authorized for employees of agencies under

subchapter I of chapter 57 of title 5, United States Code, while

away from their homes or regular places of business in the

performance of services for the Commission.

"(3) Staff. -

"(A) In general. - The Chairman of the Commission may,

without regard to the civil service laws and regulations,

appoint and terminate an executive director and such other

additional personnel as may be necessary to enable the

Commission to perform its duties. The employment of an

executive director shall be subject to confirmation by the

Commission.

"(B) Compensation. - The Chairman of the Commission may fix

the compensation of the executive director and other personnel

without regard to the provisions of chapter 51 and subchapter

III of chapter 53 of title 5, United States Code, relating to

classification of positions and General Schedule pay rates,

except that the rate of pay for the executive director and

other personnel may not exceed the rate payable for level V of

the Executive Schedule under section 5316 of such title.

"(4) Detail of government employees. - Any Federal Government

employee may be detailed to the Commission without reimbursement,

and such detail shall be without interruption or loss of civil

service status or privilege.

"(5) Procurement of temporary and intermittent services. - The

Chairman of the Commission may procure temporary and intermittent

services under section 3109(b) of title 5, United States Code, at

rates for individuals which do not exceed the daily equivalent of

the annual rate of basic pay prescribed for level V of the

Executive Schedule under section 5316 of such title.

"(i) Termination. - The Commission shall terminate 30 days after

the transmission of the report from the President as mandated in

section 1248(b).

"SEC. 1248. MULTILATERAL STRATEGY TO ADDRESS OFFSETS.

"(a) In General. - The President shall initiate a review to

determine the feasibility of establishing, and the most effective

means of negotiating, a multilateral treaty on standards for the

use of offsets in international defense trade, with a goal of

limiting all offset transactions that are considered injurious to

the economy of the United States.

"(b) Report Required. - Not later than 90 days after the date on

which the Commission submits the report required under section

1247(d), the President shall submit to the appropriate

congressional committees a report containing the President's

determination pursuant to subsection (a), and, if the President

determines a multilateral treaty is feasible or desirable, a

strategy for United States negotiation of such a treaty. One year

after the date the report is submitted under the preceding

sentence, and annually thereafter for 5 years, the President shall

submit to the appropriate congressional committees a report

detailing the progress toward reaching such a treaty.

"(c) Required Information. - The report required by subsection

(b) shall include -

"(1) a description of the United States efforts to pursue

multilateral negotiations on standards for the use of offsets in

international defense trade;

"(2) an evaluation of existing multilateral fora as appropriate

venues for establishing such negotiations;

"(3) a description on a country-by-country basis of any United

States efforts to engage in negotiations to establish bilateral

treaties or agreements with respect to the use of offsets in

international defense trade; and

"(4) an evaluation on a country-by-country basis of any foreign

government efforts to address the use of offsets in international

defense trade.

"(d) Comptroller General Review. - The Comptroller General of the

United States shall monitor and periodically report to Congress on

the progress in reaching a multilateral treaty."

DECLARATION OF OFFSET POLICY

Section 123 of Pub. L. 102-558 provided that:

"(a) In General. - Recognizing that certain offsets for military

exports are economically inefficient and market distorting, and

mindful of the need to minimize the adverse effects of offsets in

military exports while ensuring that the ability of United States

firms to compete for military export sales is not undermined, it is

the policy of the Congress that -

"(1) no agency of the United States Government shall encourage,

enter directly into, or commit United States firms to any offset

arrangement in connection with the sale of defense goods or

services to foreign governments;

"(2) United States Government funds shall not be used to

finance offsets in security assistance transactions, except in

accordance with policies and procedures that were in existence on

March 1, 1992;

"(3) nothing in this section shall prevent agencies of the

United States Government from fulfilling obligations incurred

through international agreements entered into before March 1,

1992; and

"(4) the decision whether to engage in offsets, and the

responsibility for negotiating and implementing offset

arrangements, reside with the companies involved.

"(b) Presidential Approval of Exceptions. - It is the policy of

the Congress that the President may approve an exception to the

policy stated in subsection (a) after receiving the recommendation

of the National Security Council.

"(c) Consultation. - It is the policy of the Congress that the

President shall designate the Secretary of Defense to lead, in

coordination with the Secretary of State, an interagency team to

consult with foreign nations on limiting the adverse effects of

offsets in defense procurement. The President shall transmit an

annual report on the results of these consultations to the Congress

as part of the report required under section 309(a) of the Defense

Production Act of 1950 [50 App. U.S.C. 2099(a)]."

-EXEC-

EX. ORD. NO. 13177. NATIONAL COMMISSION ON THE USE OF OFFSETS IN

DEFENSE TRADE AND PRESIDENT'S COUNCIL ON THE USE OF OFFSETS IN

COMMERCIAL TRADE

Ex. Ord. No. 13177, Dec. 4, 2000, 65 F.R. 76558, provided:

By the authority vested in the President by the Constitution and

the laws of the United States of America, including Public Law

106-113 [see Tables for classification] and the Federal Advisory

Committee Act, as amended (5 U.S.C. App.), and in order to

implement section 1247 of Public Law 106-113 (113 Stat. 1501A-502)

[set out in a note above] and to create a parallel "President's

Council on the Use of Offsets in Commercial Trade," it is hereby

ordered as follows:

Section 1. Membership. Pursuant to Public Law 106-113, the

"National Commission on the Use of Offsets in Defense Trade"

(Commission) comprises 11 members appointed by the President with

the concurrence of the Majority and Minority Leaders of the Senate

and the Speaker and the Minority Leader of the House of

Representatives. The Commission membership includes: (a)

representatives from the private sector, including one each from

(i) a labor organization, (ii) a United States defense

manufacturing company dependent on foreign sales, (iii) a United

States company dependent on foreign sales that is not a defense

manufacturer, and (iv) a United States company that specializes in

international investment; (b) two members from academia with widely

recognized expertise in international economics; and (c) five

members from the executive branch, including a member from the: (i)

Office of Management and Budget, (ii) Department of Commerce, (iii)

Department of Defense, (iv) Department of State, and (v) Department

of Labor. The member from the Office of Management and Budget will

serve as Chairperson of the Commission and will appoint, and fix

the compensation of, the Executive Director of the Commission.

Sec. 2. Duties. The Commission will be responsible for reviewing

and reporting on: (a) current practices by foreign governments in

requiring offsets in purchasing agreements and the extent and

nature of offsets offered by United States and foreign defense

industry contractors; (b) the impact of the use of offsets on

defense subcontractors and nondefense industrial sectors affected

by indirect offsets; and (c) the role of offsets, both direct and

indirect, on domestic industry stability, United States trade

competitiveness, and national security.

Sec. 3. Commission Report. Not later than 12 months after the

Commission is established, it will report to the appropriate

congressional committees. In addition to the items described in

section 2 of this order, the report will include: (a) an analysis

of (i) the collateral impact of offsets on industry sectors that

may be different than those of the contractor paying offsets,

including estimates of contracts and jobs lost as well as an

assessment of damage to industrial sectors; (ii) the role of

offsets with respect to competitiveness of the United States

defense industry in international trade and the potential damage to

the ability of United States contractors to compete if offsets were

prohibited or limited; and (iii) the impact on United States

national security, and upon United States nonproliferation

objectives, of the use of co-production, subcontracting, and

technology transfer with foreign governments or companies, that

results from fulfilling offset requirements, with particular

emphasis on the question of dependency upon foreign nations for the

supply of critical components or technology; (b) proposals for

unilateral, bilateral, or multilateral measures aimed at reducing

any detrimental effects of offsets; and (c) an identification of

the appropriate executive branch agencies to be responsible for

monitoring the use of offsets in international defense trade.

Sec. 4. Administration, Compensation, and Termination. (a) The

Department of Defense will provide administrative support and

funding for the Commission and Federal Government employees may be

detailed to the Commission without reimbursement.

(b) Members of the Commission who are not officers or employees

of the Federal Government will be compensated at a rate of basic

pay prescribed for level IV of the Executive Schedule under section

5315 of title 5, United States Code, for each day (including travel

time) during which such member is engaged in performance of the

duties of the Commission. Members of the Commission who are

officers or employees of the Federal Government will serve without

compensation in addition to that received for their services as

officers or employees of the Federal Government.

(c) Members of the Commission will be allowed travel expenses,

including per diem in lieu of subsistence, under subchapter 1 of

chapter 57 of title 5, United States Code, while on business in the

performance of services for the Commission.

(d) The Commission will terminate 30 days after transmitting the

report required in section 1248(b) of Public Law 106-113 (113 Stat.

1501A-505) [set out in a note above].

Sec. 5. Establishment and Membership. (a) There is established,

pursuant to the Federal Advisory Committee Act, as amended (5

U.S.C. App.), the "President's Council on the Use of Offsets in

Commercial Trade" (Council).

(b) The Council shall be composed of the appointed members of the

Commission or their designees.

Sec. 6. Duties and Report of the Council. The Council shall

review and report to the President, through the Director of the

Office of Management and Budget, on the use of offsets in

commercial trade, including their impact on the United States

defense and commercial industrial base. The Council shall consult

with and, as appropriate, provide information to the Commission.

Sec. 7. Administration. (a) The Department of Defense shall

provide administrative support and funding for the Council.

(b) The heads of executive departments and agencies shall, to the

extent permitted by law, provide to the Council such information as

it may require for the purpose of carrying out its duties.

(c) Members of the Council shall serve without compensation.

Sec. 8. General. (a) Notwithstanding any other Executive Order,

the functions of the President under the Federal Advisory Committee

Act, as amended, except that of reporting to the Congress, that are

applicable to the Council, shall be performed by the Department of

Defense in accordance with guidelines that have been issued by the

Administrator of General Services.

(b) The Council shall terminate on the date of the transmission

of the report required by section 1248(b) of Public Law 106-113

(113 Stat. 1501A-505) [set out in a note above].

William J. Clinton.

-End-

-CITE-

50 USC APPENDIX Sec. 2099a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

-HEAD-

Sec. 2099a. Civil-military integration

-STATUTE-

An important purpose of this title [sections 2091 to 2099a of

this title] is the creation of production capacity that will remain

economically viable after guarantees and other assistance provided

under this title [said sections] have expired.

-SOURCE-

(Sept. 8, 1950, ch. 932, title III, Sec. 310, as added Pub. L.

102-558, title I, Sec. 125, Oct. 28, 1992, 106 Stat. 4208.)

-MISC1-

EFFECTIVE DATE

Section deemed to have become effective Mar. 1, 1992, see section

304 of Pub. L. 102-558, set out as an Effective Date of 1992

Amendment note under section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-End-

-CITE-

50 USC APPENDIX TITLE IV - PRICE AND WAGE

STABILIZATION 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE IV - PRICE AND WAGE STABILIZATION

-HEAD-

TITLE IV - PRICE AND WAGE STABILIZATION

-End-

-CITE-

50 USC APPENDIX Secs. 2101 to 2112 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE IV - PRICE AND WAGE STABILIZATION

-HEAD-

Secs. 2101 to 2112. Omitted

-COD-

CODIFICATION

Section 2101, act Sept. 8, 1950, ch. 932, title IV, Sec. 401, 64

Stat. 803, related to purposes of price and wage stabilization and

cooperation by government agencies.

Section 2102, acts Sept. 8, 1950, ch. 932, title IV, Sec. 402, 64

Stat. 803; July 31, 1951, ch. 275, title I, Sec. 104 (a) to (h), 65

Stat. 134; June 30, 1952, ch. 530, title I, Secs. 105 to 111, 66

Stat. 298, related to price and wage controls.

Section 2103, acts Sept. 8, 1950, ch. 932, title IV, Sec. 403, 64

Stat. 807; July 31, 1951, ch. 275, title I, Sec. 105(a), 65 Stat.

137; June 30, 1952, ch. 530, title I, Sec. 112, 66 Stat. 300,

authorized an independent agency to administer price and wage

controls and rationing, created a Wage Stabilization Board in the

Economic Stabilization Agency and prescribed its duties and

functions and prescribed the jurisdiction of the Salary

Stabilization Board and the Office of Salary Stabilization within

the Economic Stabilization Agency. Act Sept. 8, 1950, ch. 932,

title IV, Sec. 403, 64 Stat. 807, formerly classified to section

2103 of this Appendix, was repealed by Pub. L. 89-554, Sec. 8(a),

Sept. 6, 1966, 80 Stat. 656.

Section 2104, act Sept. 8, 1950, ch. 932, title IV, Sec. 404, 64

Stat. 807, authorized consultation by the President with

representatives of persons affected by regulations or orders

relating to price and wage controls.

Section 2105, acts Sept. 8, 1950, ch. 932, title IV, 405, 64

Stat. 807; July 31, 1951, ch. 275, title I, Sec. 104(i), 65 Stat.

136, related to unlawfulness for violating sections 2101 to 2112 of

this appendix or any regulations, orders or requirements issued

thereunder.

Section 2106, act Sept. 8, 1950, ch. 932, title IV, Sec. 406, 64

Stat. 807, prohibited any construction of sections 2101 to 2112 of

this Appendix as requiring any person to sell any material or

service, or to perform personal services.

Section 2107, acts Sept. 8, 1950, ch. 932, title IV, Sec. 407, 64

Stat. 807; June 30, 1952, ch. 530, title I, Sec. 113(a), 66 Stat.

301, related to objections to price and rent control regulations,

filing, hearing and determination of protests, procedure, and

review.

Section 2108, acts Sept. 8, 1950, ch. 932, title IV, Sec. 408, 64

Stat. 808; June 30, 1952, ch. 530, title I, Sec. 113(b), 66 Stat.

302, related to determination, by the Emergency Court of Appeals,

of validity of price, wage and rent control regulations, procedure,

review by the Supreme Court, and stay of civil and criminal

proceedings in other courts for determination of such validity.

Section 2109, acts Sept. 8, 1950, ch. 932, title IV, Sec. 409, 64

Stat. 811; July 31, 1951, ch. 275, title I, Sec. 104(j) to (l) 65

Stat. 136, in connection with actions for violations of section

2105 of this Appendix, and regulations or orders, related to

injunctions, criminal penalties, recovery of overcharges, and

disallowance of fines, penalties, and compromise sums for tax or

other purposes.

Section 2110, act Sept. 8, 1950, ch. 932, title IV, Sec. 410, 64

Stat. 812, required certain price representations and agreements to

be contained in contracts providing for the purchase of processed

chickens and turkeys by government agencies.

Section 2111, act Sept. 8, 1950, ch. 932, title IV, Sec. 411, as

added June 30, 1952, ch. 530, title I, Sec. 114, 66 Stat. 304, made

it unnecessary to furnish reports on sales or services below

ceiling prices if such sales at such prices had been certified to

the President.

Section 2112, act Sept. 8, 1950, ch. 932, title IV, Sec. 412, as

added June 30, 1952, ch. 530, title I, Sec. 114, 66 Stat. 304,

permitted suspension or termination of price and wage controls over

any materials or services, from time to time as economic factors

might warrant, and their restoration if deemed necessary.

-MISC1-

TERMINATION DATE

Sections 2101 to 2112 terminated at close of Apr. 30, 1953, by

the terms of section 2166(a) of this Appendix.

-EXEC-

EXECUTIVE ORDER NO. 10160

Ex. Ord. No. 10160, Sept. 9, 1950, 15 F.R. 6103, which related to

preservation of records for certain purposes, was revoked by Ex.

Ord. No. 10662, Mar. 13, 1956, 21 F.R. 1673.

EX. ORD. NO. 10434. SUSPENSION OF WAGE AND PRICE CONTROLS

Ex. Ord. No. 10434, Feb. 6, 1953, 18 F.R. 809, provided:

1. All regulations and orders issued pursuant to the Defense

Production Act of 1950, as amended [see section 2061 of this

Appendix], stabilizing wages, salaries, and other compensation, are

hereby suspended.

2. The wage, salary, and other compensation adjustments proposed

in petitions pending before wage and salary control agencies may

now be placed in effect without the approval of such agencies. To

the extent that agreements involved in such petitions are

conditioned upon approval under Title IV of the Defense Production

Act [sections 2101 to 2112 of this Appendix], this order shall be

deemed such approval, but such approval shall be subject to

paragraph 3 hereof.

3. This order shall not operate to defeat any suit, action,

prosecution, or administrative enforcement proceeding, whether

heretofore or hereafter commenced, with respect to any right,

liability, or offense possessed, incurred, or committed, prior to

this date.

Dwight D. Eisenhower.

EXECUTIVE ORDER NO. 10494

Ex. Ord. No. 10494, Oct. 14, 1953, 18 F.R. 6585, as amended by

Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,

Sept. 6, 1958, 23 F.R. 6971, which related to the disposition of

remaining functions, was revoked by section 5-103 of Ex. Ord. No.

12148, July 20, 1979, 44 F.R. 43243, set out as a note under

section 5195 of Title 42, The Public Health and Welfare.

-End-

-CITE-

50 USC APPENDIX TITLE V - SETTLEMENT OF LABOR

DISPUTES 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE V - SETTLEMENT OF LABOR DISPUTES

-HEAD-

TITLE V - SETTLEMENT OF LABOR DISPUTES

-End-

-CITE-

50 USC APPENDIX Secs. 2121 to 2123 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE V - SETTLEMENT OF LABOR DISPUTES

-HEAD-

Secs. 2121 to 2123. Omitted

-COD-

CODIFICATION

Section 2121, act Sept. 8, 1950, ch. 932, title V, Sec. 501, 64

Stat. 812, stated intent of Congress in providing for settlement of

labor disputes affecting national defense.

Section 2122, acts Sept. 8, 1950, ch. 932, title V, Sec. 502, 64

Stat. 812; July 31, 1951, ch. 275, title I, Sec. 105(b), 65 Stat.

137, stated national policy in connection with such settlement, and

provided for voluntary conferences.

Section 2123, acts Sept. 8, 1950, ch. 932, title V, Sec. 503, 64

Stat. 812; July 31, 1951, ch. 275, title I, Sec. 105(c), 65 Stat.

137; June 30, 1952, ch. 530, title I, Sec. 115, 66 Stat. 305,

provided that, in such settlements, due regard should be given to

collective bargaining and other laws, and, as amended by the act of

June 30, 1952, requested the President to invoke the

Labor-Management Relations Act, 1947, (29 U.S.C. 141 et seq.), with

regard to the steel strike then existing.

-MISC1-

TERMINATION DATE

Sections 2121 to 2123 terminated at close of Apr. 30, 1953, by

the terms of section 2166(a) of this Appendix.

-End-

-CITE-

50 USC APPENDIX TITLE VI - CONTROL OF REAL

ESTATE CREDIT 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VI - CONTROL OF REAL ESTATE CREDIT

-HEAD-

TITLE VI - CONTROL OF REAL ESTATE CREDIT

-COD-

CODIFICATION

Sections 2132 to 2137 of this Appendix, which comprised this

title, terminated on June 30, 1953, by the terms of section 2166(a)

of this Appendix. Previous to such termination, act June 30, 1952,

ch. 530, title I, Sec. 116(a), 66 Stat. 305 amended catchline of

title to omit reference to consumer credit control and subtitle

heading of this title to read "This title authorizes the regulation

of real estate construction credit only."

-End-

-CITE-

50 USC APPENDIX Sec. 2131 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VI - CONTROL OF REAL ESTATE CREDIT

-HEAD-

Sec. 2131. Repealed. June 30, 1952, ch. 530, title I, Sec. 116(a),

66 Stat. 305

-MISC1-

Section, acts Sept. 8, 1950, ch. 932, title VI, Sec. 601, 64

Stat. 812; July 31, 1951, ch. 275, title I, Sec. 106(a), 65 Stat.

138, related to power to exercise consumer credit controls.

-End-

-CITE-

50 USC APPENDIX Secs. 2132 to 2137 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VI - CONTROL OF REAL ESTATE CREDIT

-HEAD-

Secs. 2132 to 2137. Omitted

-COD-

CODIFICATION

Section 2132, act Sept. 8, 1950, ch. 932, title VI, Sec. 602, 64

Stat. 813, related to real estate construction credit.

Section 2133, acts Sept. 8, 1950, ch. 932, title VI, Sec. 603, 64

Stat. 814; July 31, 1951, ch. 275, title I, Sec. 106(b), 65 Stat.

138, prescribed penalties for violating sections 2131, 2132 and

2135 of this Appendix or any regulation or order issued thereunder.

Section 2134, act Sept. 8, 1950, ch. 932, title VI, Sec. 604, 64

Stat. 814, related to consumer credit controls.

Section 2135, acts Sept. 8, 1950, ch. 932, title VI, Sec. 605, 64

Stat. 814; July 31, 1951, ch. 275, title I, Sec. 106(c), 65 Stat.

138; Sept. 1, 1951, ch. 378, title VI, Sec. 602(a), 65 Stat. 313,

related to real estate loans by government agencies.

Section 2136, act Sept. 8, 1950, ch. 932, title VI, Sec. 606, as

added Sept. 1, 1951, ch. 378, title VI, Sec. 602(b), 65 Stat. 313,

related to down-payment requirements on veterans homes.

Section 2137, act Sept. 8, 1950, ch. 932, title VI, Sec. 607, as

added June 30, 1952, ch. 530, title I, Sec. 116(b), 66 Stat. 305,

related to credit controls on residential property.

-MISC1-

TERMINATION DATE

Sections 2132 to 2137 terminated at close of June 30, 1953, by

the terms of section 2166(a) of this Appendix.

-End-

-CITE-

50 USC APPENDIX TITLE VII - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

TITLE VII - GENERAL PROVISIONS

-SECREF-

TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in section 2166 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2151 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2151. Small business

-STATUTE-

(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

Nation's industrial base and technology base undertaken pursuant to

this Act [sections 2061 to 2171 of this Appendix].

(b) Administration of Act

In administering the programs, implementing regulations,

policies, and procedures under this Act [sections 2061 to 2171 of

this Appendix], 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 Act [sections 2061 to 2171 of

this Appendix].

(d) Information

Information about this Act [sections 2061 to 2171 of this

Appendix] and activities undertaken in accordance with this Act

[said sections] shall be made available to small business concerns.

(e) Allocations under section 101

Whenever the President makes a determination to exercise any

authority to allocate any material pursuant to section 101 [section

2071 of this Appendix], 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.

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 701, 64 Stat. 815; July

31, 1951, ch. 275, title I, Sec. 108, 65 Stat. 138; June 30, 1953,

ch. 171, Sec. 7, 67 Stat. 130; Aug. 9, 1955, ch. 655, Secs. 4, 5,

69 Stat. 580; Pub. L. 96-294, title I, Sec. 105(c), June 30, 1980,

94 Stat. 633; Pub. L. 102-558, title I, Sec. 131, Oct. 28, 1992,

106 Stat. 4209.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-558 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. 96-294 substituted "enactment of the

Defense Production Act Amendments of 1980" for "enactment of the

Defense Production Act Amendments of 1955".

1955 - Subsec. (c). Act Aug. 9, 1955, Sec. 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, Sec. 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.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-294 effective June 30, 1980, see section

107 of Pub. L. 96-294, set out as a note under section 2062 of this

Appendix.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act Aug. 9, 1955, effective as of close of July 31,

1955, see section 11 of act Aug. 9, 1955, set out as a note under

section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], 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.

-End-

-CITE-

50 USC APPENDIX Sec. 2152 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2152. Definitions

-STATUTE-

For purposes of this Act [sections 2061 to 2171 of this

Appendix], 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 military equipment

identified by the Secretary of Defense 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,

United States Code, or by a Presidential determination as a

result of a petition filed under section 232 of the Trade

Expansion Act of 1962 [19 U.S.C. 1862] shall be designated as

critical components for purposes of this Act [sections 2061 to

2171 of this Appendix], unless the President determines that the

designation is unwarranted.

(2) Critical industry for national security

The term "critical industry for national security" means any

industry (or industry sector) identified pursuant to section

2503(6) (!1) of title 10, United States Code, 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.

(3) Critical technology

The term "critical technology" includes any technology that is

included in 1 or more of the plans submitted pursuant to section

6681 (!1) of title 42, United States Code, or section 2508 (!1)

of title 10, United States Code (unless subsequently deleted), or

such other emerging or dual use technology as may be designated

by the President.

(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 defense industrial base

The term "domestic defense 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, graduated mobilization,

national emergency, or war.

(7) Domestic source

The term "domestic source" means a business concern -

(A) 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

(B) that procures from business concerns described in

subparagraph (A) substantially all of any components and

assemblies required under a contract with the United States

relating to a critical component or critical technology item.

(8) Essential weapon system

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.

(9) 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.

(10) Foreign source

The term "foreign source" means a business entity other than a

"domestic source".

(11) 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 capacity.

(12) 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.

(13) National defense

The term "national defense" means programs for military and

energy production or construction, military assistance to any

foreign nation, 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.].

(14) 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.

(15) 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; or

(B) the construction of facilities.

(16) Small business concern

The term "small business concern" means a business concern that

meets the requirements of section 3(a) of the Small Business Act

[15 U.S.C. 632(a)] 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.

(17) Small business concern owned and controlled by socially and

economically disadvantaged individuals

The term "small business concern owned and controlled by

socially and economically disadvantaged individuals" has the same

meaning as in section 8(d)(3)(C) of the Small Business Act [15

U.S.C. 637(d)(3)(C)].

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 702, 64 Stat. 815; June

30, 1953, ch. 171, Sec. 8, 67 Stat. 130; Pub. L. 91-379, title I,

Sec. 102, Aug. 15, 1970, 84 Stat. 796; Pub. L. 102-558, title I,

Sec. 132, Oct. 28, 1992, 106 Stat. 4210; Pub. L. 103-337, div. C,

title XXXIV, Sec. 3411(b), Oct. 5, 1994, 108 Stat. 3110.)

-REFTEXT-

REFERENCES IN TEXT

Section 2503 of title 10, referred to in par. (2), was repealed

and a new section 2503 relating to analysis of the technology and

industrial base was enacted by Pub. L. 102-484, div. D, title XLII,

Secs. 4202(a), 4213(a), Oct. 23, 1992, 106 Stat. 2659, 2665.

Section 6681 of title 42, referred to in par. (3), was omitted

from the Code.

Section 2508 of title 10, referred to in par. (3), was renumbered

section 2522 of title 10 by Pub. L. 102-190, div. A, title VIII,

Sec. 821(b)(1), Dec. 5, 1991, 105 Stat. 1431, and was repealed and

a new section relating to defense advanced manufacturing technology

partnerships was enacted and renumbered section 2522 by Pub. L.

102-484, div. D, title XLII, Secs. 4202(a), 4232(a), (b), Oct. 23,

1992, 106 Stat. 2659, 2687, and was subsequently repealed.

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in par. (13), is Pub. L. 93-288, May 22, 1974, 88

Stat. 143, as amended. The Act was renamed the "Robert T. Stafford

Disaster Relief and Emergency Assistance Act" by Pub. L. 106-390,

title III, Sec. 301, Oct. 30, 2000, 1114 Stat. 1572. Title VI of

the Act is classified generally to subchapter IV-B (Sec. 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.

-MISC1-

AMENDMENTS

1994 - Par. (13). Pub. L. 103-337 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. 102-558 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. 91-379, Sec. 102(1), inserted

reference to space in definition of national defense.

Subsec. (f). Pub. L. 91-379, Sec. 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".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2091 of this Appendix.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 2153 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2153. Civilian personnel

-STATUTE-

Any officer or agency head may -

(1) appoint civilian personnel without regard to section

5331(b) of title 5, United States Code, and without regard to the

provisions of title 5, United States Code, governing appointments

in the competitive service; and

(2) fix the rate of basic pay for such personnel without regard

to the provisions of chapter 51 and subchapter III of chapter 53

of title 5, United States Code, relating to classification and

General Schedule pay rates,

except that no individual so appointed may receive pay in excess of

the annual rate of basic pay payable for GS-18 of the General

Schedule, as the President deems appropriate to carry out this Act

[sections 2061 to 2171 of this Appendix].

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 703, 64 Stat. 816; July

31, 1951, ch. 275, title I, Sec. 109(a), (b), 65 Stat. 138; Pub. L.

102-558, title I, Sec. 133, Oct. 28, 1992, 106 Stat. 4212.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5, United States Code, governing

appointments in the competitive service, referred to in par. (1),

are classified generally to section 3301 et seq. of Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-558 amended section generally, substituting

present provisions for provisions relating to delegation of

Presidential authority, creation of new agencies, appointment and

compensation of officers and personnel, and State representation in

regional offices.

1951 - Subsec. (a). Act July 31, 1951, Sec. 109(a), provided that

executive head of one agency under this act shall be paid at a rate

comparable to that paid heads of executive departments.

Subsec. (b). Act July 31, 1951, Sec. 109(b), to provide for State

representation in regional offices.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

COMPENSATION OF CERTAIN OFFICIALS IN DOMESTIC AND INTERNATIONAL

BUSINESS ADMINISTRATION

Compensation for certain officials in Domestic and International

Business Administration fixed at certain prescribed rates by Ex.

Ord. No. 11759, Jan. 15, 1974, 39 F.R. 2077, formerly set out as a

note under section 1511 of Title 15, Commerce and Trade.

COMPENSATION OF DIRECTOR AND DEPUTY DIRECTOR, BUREAU OF DOMESTIC

COMMERCE

Compensation for Director and Deputy Director, Bureau of Domestic

Commerce, Department of Commerce, was fixed at certain prescribed

rates by Ex. Ord. No. 11567, Nov. 16, 1970, 35 F.R. 17701, which

was superseded by Ex. Ord. No. 11759, Jan. 15, 1974, 39 F.R. 2077,

formerly set out as a note under section 1511 of Title 15, Commerce

and Trade.

-EXEC-

EXECUTIVE ORDER NO. 10193

Ex. Ord. No. 10193, Dec. 16, 1950, 15 F.R. 9031, which provided

for conduct of mobilization effort of the Government, was revoked

by Ex. Ord. No. 10480, Aug. 14, 1953, 18 F.R. 4939, formerly set

out below.

EXECUTIVE ORDER NO. 10200

Ex. Ord. No. 10200, Jan. 3, 1951, 16 F.R. 61, as amended by Ex.

Ord. No. 10281, Aug. 28, 1951, 16 F.R. 8789; Ex. Ord. No. 10433,

Feb. 4, 1953, 18 F.R. 761, which related to establishment of

Defense Production Administration, was revoked by Ex. Ord. No.

10480, Aug. 18, 1953, 18 F.R. 4939, formerly set out below.

EXECUTIVE ORDER NO. 10224

Ex. Ord. No. 10224, Mar. 15, 1951, 16 F.R. 2543, as amended by

Ex. Ord. No. 10461, June 17, 1953, 18 F.R. 3513, which provided for

establishment of the National Advisory Board on Mobilization Policy

was revoked by section 7(1) of Ex. Ord. No. 10773, July 1, 1958, 23

F.R. 5061, which was subsequently superseded by Ex. Ord. No. 11051,

Sept. 27, 1962, 27 F.R. 9683, formerly set out as a note under

section 2271 of this Appendix.

EXECUTIVE ORDER NO. 10281

Ex. Ord. No. 10281, Aug. 28, 1951, 16 F.R. 8789, which related to

defense materials procurement and supply, was revoked by Ex. Ord.

No. 10480, Aug. 14, 1953, 18 F.R. 4939, formerly set out below.

EXECUTIVE ORDER NO. 10308

Ex. Ord. No. 10308, Dec. 3, 1951, 16 F.R. 12303, creating the

Committee on Government Contract Compliance, was revoked and the

Committee abolished by Ex. Ord. No. 10479, Aug. 17, 1953, 18 F.R.

4899, which was subsequently revoked by Ex. Ord. No. 10925, Mar. 7,

1961, 26 F.R. 1977.

EXECUTIVE ORDER NO. 10433

Ex. Ord. No. 10433, Feb. 4, 1953, 18 F.R. 761, which provided for

merger of Defense Production Administration with the Office of

Defense Mobilization, was revoked by Ex. Ord. No. 10480, Aug. 14,

1953, 18 F.R. 4939, formerly set out below.

EXECUTIVE ORDER NO. 10461

Ex. Ord. No. 10461, June 17, 1953, 18 F.R. 3513 which related to

transfer of functions effected by Reorganization Plan No. 3 of

1953, was superseded by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R.

9683, formerly set out as a note under section 2271 of this

Appendix.

EXECUTIVE ORDER NO. 10480

Ex. Ord. No. 10480, Aug. 14, 1953, 18 F.R. 4939, as amended by

Ex. Ord. No. 10489, Sept. 26, 1953, 18 F.R. 6201; Ex. Ord. No.

10537, June 22, 1954, 19 F.R. 3807; Ex. Ord. No. 10574, Nov. 8,

1954, 19 F.R. 7249; Ex. Ord. No. 10662, Mar. 14, 1956, 21 F.R.

1673; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No.

10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 10819, May 11,

1959, 24 F.R. 3779; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R.

9683; Ex. Ord. No. 11062, Nov. 19, 1962, 27 F.R. 11447; Ex. Ord.

No. 11956, Jan. 13, 1977, 42 F.R. 2947; Ex. Ord. No. 12038, Feb. 3,

1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R.

43239; Ex. Ord. No. 12381, Sec. 4, Sept. 8, 1982, 47 F.R. 39795;

Ex. Ord. No. 12521, June 24, 1985, 50 F.R. 26335; Ex. Ord. No.

12649, Aug. 11, 1988, 53 F.R. 30639; Ex. Ord. No. 12773, Sept. 26,

1991, 56 F.R. 49387, which provided for administration of defense

mobilization program, was revoked by section 904(a)(3) of Ex. Ord.

No. 12919, June 3, 1994, 59 F.R. 29533, set out below.

EXECUTIVE ORDER NO. 10660

Ex. Ord. No. 10660, Feb. 15, 1956, 21 F.R. 1117, as amended by

Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,

Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27

F.R. 9683, which established a National Defense Executive Reserve,

was superseded by Ex. Ord. No. 11179, Sept. 22, 1964, 29 F.R.

13239, formerly set out below.

EXECUTIVE ORDER NO. 11179

Ex. Ord. No. 11179, Sept. 22, 1964, 29 F.R. 13239, as amended by

Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which established

National Defense Executive Reserve, was revoked by section

904(a)(5) of Ex. Ord. No. 12919, June 3, 1994, 59 F.R. 29533, set

out below.

EX. ORD. NO. 12919. NATIONAL DEFENSE INDUSTRIAL RESOURCES

PREPAREDNESS

Ex. Ord. No. 12919, June 3, 1994, 59 F.R. 29525, as amended by

Ex. Ord. No. 13286, Sec. 24, Feb. 28, 2003, 68 F.R. 10624,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Defense

Production Act of 1950, as amended (64 Stat. 798; 50 U.S.C. App.

2061, et seq.), and section 301 of title 3, United States Code, and

as Commander in Chief of the Armed Forces of the United States, it

is hereby ordered as follows:

-MISC2-

PART I - PURPOSE, POLICY AND IMPLEMENTATION

Section 101. Purpose. This order delegates authorities and

addresses national defense industrial resource policies and

programs under the Defense Production Act of 1950, as amended ("the

Act"), except for the amendments to Title III of the Act [50 App.

U.S.C. 2091 et seq.] in the Energy Security Act of 1980 [Pub. L.

96-294] and telecommunication authorities under Executive Order No.

12472 [50 App. U.S.C. 2251 note].

Sec. 102. Policy. The United States must have an industrial and

technology base capable of meeting national defense requirements,

and capable of contributing to the technological superiority of its

defense equipment in peacetime and in times of national emergency.

The domestic industrial and technological base is the foundation

for national defense preparedness. The authorities provided in the

Act shall be used to strengthen this base and to ensure it is

capable of responding to all threats to the national security of

the United States.

Sec. 103. General Functions. Federal departments and agencies

responsible for defense acquisition (or for industrial resources

needed to support defense acquisition) shall:

(a) Identify requirements for the full spectrum of national

security emergencies, including military, industrial, and essential

civilian demand;

(b) Assess continually the capability of the domestic industrial

and technological base to satisfy requirements in peacetime and

times of national emergency, specifically evaluating the

availability of adequate industrial resource and production

sources, including subcontractors and suppliers, materials, skilled

labor, and professional and technical personnel;

(c) Be prepared, in the event of a potential threat to the

security of the United States, to take actions necessary to ensure

the availability of adequate industrial resources and production

capability, including services and critical technology for national

defense requirements;

(d) Improve the efficiency and responsiveness, to defense

requirements, of the domestic industrial base; and

(e) Foster cooperation between the defense and commercial sectors

for research and development and for acquisition of materials,

components, and equipment to enhance industrial base efficiency and

responsiveness.

Sec. 104. Implementation. (a) The National Security Council is

the principal forum for consideration and resolution of national

security resource preparedness policy.

(b) The Secretary of Homeland Security ("the Secretary") shall:

(1) Serve as an advisor to the National Security Council on

issues of national security resource preparedness and on the use

of the authorities and functions delegated by this order;

(2) Provide for the central coordination of the plans and

programs incident to authorities and functions delegated under

this order, and provide guidance and procedures approved by the

Assistant to the President for National Security Affairs to the

Federal departments and agencies under this order;

(3) Establish procedures, in consultation with Federal

departments and agencies assigned functions under this order, to

resolve in a timely and effective manner conflicts and issues

that may arise in implementing the authorities and functions

delegated under this order; and

(4) Report to the President periodically concerning all program

activities conducted pursuant to this order.

(c) The head of every Federal department and agency assigned

functions under this order shall ensure that the performance of

these functions is consistent with National Security Council policy

and guidelines.

PART II - PRIORITIES AND ALLOCATIONS

Sec. 201. Delegations of Priorities and Allocations. (a) The

authority of the President conferred by section 101 of the Act [50

App. U.S.C. 2071] to require acceptance and priority performance of

contracts or orders (other than contracts of employment) to promote

the national defense over performance of any other contracts or

orders, and to allocate materials, services, and facilities as

deemed necessary or appropriate to promote the national defense, is

delegated to the following agency heads:

(1) The Secretary of Agriculture with respect to food

resources, food resource facilities, and the domestic

distribution of farm equipment and commercial fertilizer;

(2) The Secretary of Energy with respect to all forms of

energy;

(3) The Secretary of Health and Human Services with respect to

health resources;

(4) The Secretary of Transportation with respect to all forms

of civil transportation;

(5) The Secretary of Defense with respect to water resources;

and

(6) The Secretary of Commerce for all other materials,

services, and facilities, including construction materials.

(b) The Secretary of Commerce, in consultation with the heads of

those departments and agencies specified in subsection 201(a) of

this order, shall administer the Defense Priorities and Allocations

System ("DPAS") regulations that will be used to implement the

authority of the President conferred by section 101 of the Act as

delegated to the Secretary of Commerce in subsection 201(a)(6) of

this order. The Secretary of Commerce will redelegate to the

Secretary of Defense, and the heads of other departments and

agencies as appropriate, authority for the priority rating of

contracts and orders for all materials, services, and facilities

needed in support of programs approved under section 202 of this

order. The Secretary of Commerce shall act as appropriate upon

Special Priorities Assistance requests in a time frame consistent

with the urgency of the need at hand.

(c) The Secretary shall attempt to resolve issues or

disagreements on priorities or allocations between Federal

departments or agencies in a time frame consistent with the urgency

of the issue at hand and, if not resolved, such issues will be

referred to the Assistant to the President for National Security

Affairs for final determination.

(d) The head of each Federal department or agency assigned

functions under subsection 201(a) of this order, when necessary,

shall make the finding required under subsection 101(b) of the Act.

This finding shall be submitted for the President's approval

through the Assistant to the President for National Security

Affairs. Upon such approval the head of the Federal department or

agency that made the finding may use the authority of subsection

101(a) of the Act to control the general distribution of any

material (including applicable services) in the civilian market.

(e) The Assistant to the President for National Security Affairs

is hereby delegated the authority under subsection 101(c)(3) of the

Act, and will be assisted by the Secretary in ensuring the

coordinated administration of the Act.

Sec. 202. Determinations. The authority delegated by section 201

of this order may be used only to support programs that have been

determined in writing as necessary or appropriate to promote the

national defense:

(a) By the Secretary of Defense with respect to military

production and construction, military assistance to foreign

nations, stockpiling, outer space, and directly related activities;

(b) By the Secretary of Energy with respect to energy production

and construction, distribution and use, and directly related

activities; and

(c) By the Secretary with respect to essential civilian needs

supporting national defense, including civil defense and continuity

of government and directly related activities.

Sec. 203. Maximizing Domestic Energy Supplies. The authority of

the President to perform the functions provided by subsection

101(c) of the Act [50 App. U.S.C. 2071(c)] is delegated to the

Secretary of Commerce, who shall redelegate to the Secretary of

Energy the authority to make the findings described in subsection

101(c)(2)(A) that the materials (including equipment), services,

and facilities are critical and essential. The Secretary of

Commerce shall make the finding described in subsection

101(c)(2)(A) of the Act that the materials (including equipment),

services, or facilities are scarce, and the finding described in

subsection 101(c)(2)(B) that it is necessary to use the authority

provided by subsection 101(c)(1).

Sec. 204. Chemical and Biological Warfare. The authority of the

President conferred by subsection 104(b) of the Act [50 App. U.S.C.

2074(b)] is delegated to the Secretary of Defense. This authority

may not be further delegated by the Secretary.

PART III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

Sec. 301. (a) Financing Institution Guarantees. To expedite or

expand production and deliveries or services under government

contracts for the procurement of industrial resources or critical

technology items essential to the national defense, the head of

each Federal department or agency engaged in procurement for the

national defense (referred to as "agency head" in this part) and

the President and Chairman of the Export-Import Bank of the United

States (in cases involving capacity expansion, technological

development, or production in foreign countries) are authorized to

guarantee in whole or in part any public or private financing

institution, subject to provisions of section 301 of the Act [50

App. U.S.C. 2091]. Guarantees shall be made in consultation with

the Department of the Treasury as to the terms and conditions

thereof. The Director of the Office of Management and Budget

("OMB") shall be informed when such guarantees are to be made.

(b) Direct Loan Guarantees. To expedite or expand production and

deliveries or services under government contracts for the

procurement of industrial resources or critical technology items

essential to the national defense, each agency head is authorized

to make direct loan guarantees from funds appropriated to their

agency for Title III [50 App. U.S.C. 2091 et seq.].

(c) Fiscal Agent. Each Federal Reserve Bank is designated and

authorized to act, on behalf of any guaranteeing agency, as fiscal

agent in the making of guarantee contracts and in otherwise

carrying out the purposes of section 301 of the Act.

(d) Regulations. The Board of Governors of the Federal Reserve

System is authorized, after consultation with heads of guaranteeing

departments and agencies, the Secretary of the Treasury, and the

Director, OMB, to prescribe regulations governing procedures,

forms, rates of interest, and fees for such guarantee contracts.

Sec. 302. Loans. (a) To expedite production and deliveries or

services to aid in carrying out government contracts for the

procurement of industrial resources or a critical technology item

for the national defense, an agency head is authorized, subject to

the provisions of section 302 of the Act [50 App. U.S.C. 2092], to

submit to the Secretary of the Treasury or the President and

Chairman of the Export-Import Bank of the United States (in cases

involving capacity expansion, technological development, or

production in foreign countries) applications for loans.

(b) To expedite or expand production and deliveries or services

under government contracts for the procurement of industrial

resources or critical technology items essential to the national

defense, each agency head may make direct loans from funds

appropriated to their agency for Title III.

(c) After receiving a loan application and determining that

financial assistance is not otherwise available on reasonable

terms, the Secretary of the Treasury or the President and Chairman

of the Export-Import Bank of the United States (in cases involving

capacity expansion, technological development, or production in

foreign countries) may make loans, subject to provisions of section

302 of the Act.

Sec. 303. Purchase Commitments. (a) In order to carry out the

objectives of the Act, and subject to the provisions of section 303

[50 App. U.S.C. 2093] thereof, an agency head is authorized to make

provision for purchases of, or commitments to purchase, an

industrial resource or a critical technology item for government

use or resale.

(b) Materials acquired under section 303 of the Act that exceed

the needs of the programs under the Act may be transferred to the

National Defense Stockpile, if such transfer is determined by the

Secretary of Defense as the National Defense Stockpile Manager to

be in the public interest.

Sec. 304. Subsidy Payments. In order to ensure the supply of raw

or non-processed materials from high-cost sources, an agency head

is authorized to make subsidy payments, after consultation with the

Secretary of the Treasury and the Director, OMB, and subject to the

provisions of section 303(c) of the Act [50 App. U.S.C. 2093(c)].

Sec. 305. Determinations and Findings. When carrying out the

authorities in sections 301 through 303 of this order, an agency

head is authorized to make the required determinations, judgments,

statements, certifications, and findings, in consultation with the

Secretary of Defense, Secretary of Energy or Director, FEMA, as

appropriate. The agency head shall provide a copy of the

determination, judgment, statement, certification, or finding to

the Director, OMB, to the Secretary and, when appropriate, to the

Secretary of the Treasury.

Sec. 306. Strategic and Critical Materials. (a) The Secretary of

the Interior, in consultation with the Secretary of Defense as the

National Defense Stockpile Manager and subject to the provisions of

section 303 of the Act [50 App. U.S.C. 2093], is authorized to

encourage the exploration, development, and mining of critical and

strategic materials and other materials.

(b) An agency head is authorized, pursuant to section 303(g) of

the Act, to make provision for the development of substitutes for

strategic and critical materials, critical components, critical

technology items, and other industrial resources to aid the

national defense.

(c) An agency head is authorized, pursuant to section

303(a)(1)(B) of the Act, to make provisions to encourage the

exploration, development, and mining of critical and strategic

materials and other materials.

Sec. 307. Government-owned Equipment. An agency head is

authorized, pursuant to section 303(e) of the Act [50 App. U.S.C.

2093(e)], to install additional equipment, facilities, processes,

or improvements to facilities owned by the government and to

install government-owned equipment in industrial facilities owned

by private persons.

Sec. 308. Identification of Shortfalls. Except during periods of

national emergency or after a Presidential determination in

accordance with sections 301(e)(1)(D)(ii), 302(c)(4)(B), or

303(a)(7)(B) of the Act [50 App. U.S.C. 2091(e)(1)(D)(ii),

2092(c)(4)(B), 2093(a)(7)(B)], no guarantee, loan or other action

pursuant to sections 301, 302, and 303 of the Act to correct an

industrial shortfall shall be taken unless the shortfall has been

identified in the Budget of the United States or amendments

thereto.

Sec. 309. Defense Production Act Fund Manager. The Secretary of

Defense is designated the Defense Production Act Fund Manager, in

accordance with section 304(f) of the Act [50 App. U.S.C. 2094(f)],

and shall carry out the duties specified in that section, in

consultation with the agency heads having approved Title III

projects and appropriated Title III funds.

Sec. 310. Critical Items List. (a) Pursuant to section

107(b)(1)(A) of the Act [50 App. U.S.C. 2077(b)(1)(A)], 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) Each agency head shall take appropriate action to ensure that

critical components or critical technology items are available from

reliable sources when needed to meet defense requirements during

peacetime, graduated mobilization, and national emergency.

"Appropriate action" may include restricting contract solicitations

to reliable sources, restricting contract solicitations to domestic

sources (pursuant to statutory authority), stockpiling critical

components, and developing substitutes for critical components or

critical technology items.

Sec. 311. Strengthening Domestic Capability. An agency head, in

accordance with section 107(a) of the Act [50 App. U.S.C. 2077(a)],

may utilize the authority of Title III of the Act [50 App. U.S.C.

2091 et seq.] or any other provision of law, in consultation with

the Secretary of Defense, to provide appropriate incentives to

develop, maintain, modernize, and expand the productive capacities

of domestic sources for critical components, critical technology

items, and industrial resources essential for the execution of the

national security strategy of the United States.

Sec. 312. Modernization of Equipment. An agency head, in

accordance with section 108(b) of the Act [50 App. U.S.C. 2078(b)],

may utilize the authority of Title III of the Act to guarantee the

purchase or lease of advance manufacturing equipment and any

related services with respect to any such equipment for purposes of

the Act.

PART IV - IMPACT OF OFFSETS

Sec. 401. Offsets. (a) The responsibilities and authority

conferred upon the President by section 309 of the Act [50 App.

U.S.C. 2099] with respect to offsets are delegated to the Secretary

of Commerce, who shall function as the President's Executive Agent

for carrying out this authority.

(b) The Secretary of Commerce shall prepare the annual report

required by section 309(a) of the Act in consultation with the

Secretaries of Defense, Treasury, Labor, State, the United States

Trade Representative, the Arms Control and Disarmament Agency, the

Director of Central Intelligence, and the heads of other

departments and agencies as required. The heads of Federal

departments and agencies shall provide the Secretary of Commerce

with such information as may be necessary for the effective

performance of this function.

(c) The offset report shall be subject to the normal interagency

clearance process conducted by the Director, OMB, prior to the

report's submission by the President to Congress.

PART V - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES

Sec. 501. Appointments. The authority of the President under

sections 708(c) and (d) of the Act [50 App. U.S.C. 2158(c), (d)] is

delegated to the heads of each Federal department or agency, except

that, insofar as that authority relates to section 101 of the Act

[50 App. U.S.C. 2071], it is delegated only to the heads of each

Federal department or agency assigned functions under section

201(a) of this order. The authority delegated under this section

shall be exercised pursuant to the provisions of section 708 of the

Act, and copies and the status of the use of such delegations shall

be furnished to the Director, FEMA [the Secretary].

Sec. 502. Advisory Committees. The authority of the President

under section 708(d) of the Act [50 App. U.S.C. 2158(d)] and

delegated in section 501 of this order (relating to establishment

of advisory committees) shall be exercised only after consultation

with, and in accordance with, guidelines and procedures established

by the Administrator of General Services.

PART VI - EMPLOYMENT OF PERSONNEL

Sec. 601. National Defense Executive Reserve. (a) In accordance

with section 710(e) of the Act [50 App. U.S.C. 2160(e)], there is

established in the Executive Branch a National Defense Executive

Reserve ("NDER") composed of persons of recognized expertise from

various segments of the private sector and from government (except

full-time federal employees) for training for employment in

executive positions in the Federal Government in the event of an

emergency that requires such employment.

(b) The head of any department or agency may establish a unit of

the NDER in the department or agency and train members of that

unit.

(c) The head of each department or agency with an NDER unit is

authorized to exercise the President's authority to employ civilian

personnel in accordance with section 703(a) of the Act [50 App.

U.S.C. 2153(a)] when activating all or a part of its NDER unit. The

exercise of this authority shall be subject to the provisions of

subsections 601(d) and (e) of this order and shall not be

redelegated.

(d) The head of a department or agency may activate an NDER unit,

in whole or in part, upon the written determination that an

emergency affecting the national security or defense preparedness

of the United States exists and that the activation of the unit is

necessary to carry out the emergency program functions of the

department or agency.

(e) At least 72 hours prior to activating the NDER unit, the head

of the department or agency shall notify, in writing, the Assistant

to the President for National Security Affairs of the impending

activation and provide a copy of the determination required under

subsection 601(d) of this order.

(f) The Secretary shall coordinate the NDER program activities of

departments and agencies in establishing units of the Reserve;

provide for appropriate guidance for recruitment, training, and

activation; and issue necessary rules and guidance in connection

with the program.

(g) This order suspends any delegated authority, regulation, or

other requirement or condition with respect to the activation of

any NDER unit, in whole or in part, or appointment of any NDER

member that is inconsistent with the authorities delegated herein,

provided that the aforesaid suspension applies only as long as

sections 703(a) and 710(e) of the Act are in effect.

Sec. 602. Consultants. The head of each department or agency

assigned functions under this order is delegated authority under

sections 710(b) and (c) of the Act [50 App. U.S.C. 2160(b), (c)] to

employ persons of outstanding experience and ability without

compensation and to employ experts, consultants, or organizations.

The authority delegated by this section shall not be redelegated.

PART VII - LABOR SUPPLY

Sec. 701. Secretary of Labor. The Secretary of Labor, identified

in this section as the Secretary, shall:

(a) Collect, analyze, and maintain data needed to make a

continuing appraisal of the nation's labor requirements and the

supply of workers for purposes of national defense. All agencies of

the government shall cooperate with the Secretary in furnishing

information necessary for this purpose, to the extent permitted by

law;

(b) In response to requests from the head of a Federal department

or agency engaged in the procurement for national defense, consult

with and advise that department or agency with respect to (1) the

effect of contemplated actions on labor supply and utilization, (2)

the relation of labor supply to materials and facilities

requirements, and (3) such other matters as will assist in making

the exercise of priority and allocations functions consistent with

effective utilization and distribution of labor;

(c) Formulate plans, programs, and policies for meeting defense

and essential civilian labor requirements;

(d) Project skill shortages to facilitate meeting defense and

essential civilian needs and establish training programs;

(e) Determine the occupations and skills critical to meeting the

labor requirements of defense and essential civilian activities

and, with the assistance of the Secretary of Defense, the Director

of Selective Service, and such other persons as the Secretary may

designate, develop policies regulating the induction and deferment

of personnel for the armed services, except for civilian personnel

in the reserves; and

(f) Administer an effective labor-management relations policy to

support the activities and programs under this order with the

cooperation of other Federal agencies, including the National Labor

Relations Board and the Federal Mediation and Conciliation Service.

PART VIII - DEFENSE INDUSTRIAL BASE INFORMATION AND REPORTS

Sec. 801. Foreign Acquisition of Companies. The Secretary of the

Treasury, in cooperation with the Department of State, the

Department of Defense, the Department of Commerce, the Department

of Energy, the Department of Agriculture, the Attorney General, the

Department of Homeland Security, and the Director of Central

Intelligence, shall complete and furnish a report to the President

and then to Congress in accordance with the requirements of section

721(k) of the Act [50 App. U.S.C. 2170(k)] concerning foreign

efforts to acquire United States companies involved in research,

development, or production of critical technologies and industrial

espionage activities directed by foreign governments against

private U.S. companies.

Sec. 802. Defense Industrial Base Information System. (a) The

Secretary of Defense and the heads of other appropriate Federal

departments and agencies, as determined by the Secretary of

Defense, shall establish an information system on the domestic

defense industrial base in accordance with the requirements of

section 722 of the Act [50 App. U.S.C. 2171].

(b) In establishing the information system required by subsection

(a) of this order, the Secretary of Defense, the Secretary of

Commerce, and the heads of other appropriate Federal departments

and agencies, as determined by the Secretary of Defense in

consultation with the Secretary of Commerce, shall consult with

each other for the purposes of performing the duties listed in

section 722(d)(1) of the Act.

(c) The Secretary of Defense shall convene a task force

consisting of the Secretary of Commerce and the Secretary of each

military department and the heads of other appropriate Federal

departments and agencies, as determined by the Secretary of Defense

in consultation with the Secretary of Commerce, to carry out the

duties under section 722(d)(2) of the Act.

(d) The Secretary of Defense shall report to Congress on a

strategic plan for developing a cost-effective, comprehensive

information system capable of identifying on a timely, ongoing

basis vulnerability in critical components and critical technology

items. The plans shall include an assessment of the performance and

cost-effectiveness of procedures specified in section 722(b) of the

Act.

(e) The Secretary of Commerce, acting through the Bureau of the

Census, shall consult with the Secretary of Defense and the

Secretary to improve the usefulness of information derived from the

Census of Manufacturers in carrying out section 722 of the Act.

(f) The Secretary of Defense shall perform an analysis of the

production base for not more than two major weapons systems of each

military department in establishing the information system under

section 722 of the Act. Each analysis shall identify the critical

components of each system.

(g) The Secretary of Defense, in consultation with the Secretary

of Commerce, and the heads of other Federal departments and

agencies as appropriate, shall issue a biennial report on critical

components and technology in accordance with section 722(e) of the

Act.

PART IX - GENERAL PROVISIONS

Sec. 901. Definitions. In addition to the definitions in section

702 of the Act [50 App. U.S.C. 2152], the following definitions

apply throughout this order:

(a) "Civil transportation" includes movement of persons and

property by all modes of transportation in interstate, intrastate,

or foreign commerce within the United States, its territories and

possessions, and the District of Columbia, and, without limitation,

related public storage and warehousing, ports, services, equipment

and facilities, such as transportation carrier shop and repair

facilities. However, "civil transportation" shall not include

transportation owned or controlled by the Department of Defense,

use of petroleum and gas pipelines, and coal slurry pipelines used

only to supply energy production facilities directly. As applied

herein, "civil transportation" shall include direction, control,

and coordination of civil transportation capacity regardless of

ownership.

(b) "Energy" means all forms of energy including petroleum, gas

(both natural and manufactured), electricity, solid fuels

(including all forms of coal, coke, coal chemicals, coal

liquification, and coal gasification), and atomic energy, and the

production, conservation, use, control, and distribution (including

pipelines) of all of these forms of energy.

(c) "Farm equipment" means equipment, machinery, and repair parts

manufactured for use on farms in connection with the production or

preparation for market use of food resources.

(d) "Fertilizer" means any product or combination of products

that contain one or more of the elements - nitrogen, phosphorus,

and potassium - for use as a plant nutrient.

(e) "Food resources" means all commodities and products, simple,

mixed, or compound, or complements to such commodities or products,

that are capable of being ingested by either human beings or

animals, irrespective of other uses to which such commodities or

products may be put, at all stages of processing from the raw

commodity to the products thereof in vendible form for human or

animal consumption. "Food resources" also means all starches,

sugars, vegetable and animal or marine fats and oils, cotton,

tobacco, wool, mohair, hemp, flax fiber, and naval stores, but does

not mean any such material after it loses its identity as an

agricultural commodity or agricultural product.

(f) "Food resource facilities" means plants, machinery, vehicles

(including on-farm), and other facilities required for the

production, processing, distribution, and storage (including cold

storage) of food resources, livestock and poultry feed and seed,

and for the domestic distribution of farm equipment and fertilizer

(excluding transportation thereof).

(g) "Functions" include powers, duties, authority,

responsibilities, and discretion.

(h) "Head of each Federal department or agency engaged in

procurement for the national defense" means the heads of the

Departments of Defense, Energy, and Commerce, as well as those

departments and agencies listed in Executive Order No. 10789 [50

U.S.C. 1431 note].

(i) "Heads of other appropriate Federal departments and agencies"

as used in part VIII of this order means the heads of such other

Federal agencies and departments that acquire information or need

information with respect to making any determination to exercise

any authority under the Act.

(j) "Health resources" means materials, facilities, health

supplies, and equipment (including pharmaceutical, blood collecting

and dispensing supplies, biological, surgical textiles, and

emergency surgical instruments and supplies) required to prevent

the impairment of, improve, or restore the physical and mental

health conditions of the population.

(k) "Metals and minerals" means all raw materials of mineral

origin (excluding energy) including their refining, smelting, or

processing, but excluding their fabrication.

(l) "Strategic and Critical Materials" means materials (including

energy) that (1) would be needed to supply the military,

industrial, and essential civilian needs of the United States

during a national security emergency, and (2) are not found or

produced in the United States in sufficient quantities to meet such

need and are vulnerable to the termination or reduction of the

availability of the material.

(m) "Water resources" means all usable water, from all sources,

within the jurisdiction of the United States, which can be managed,

controlled, and allocated to meet emergency requirements.

Sec. 902. General. (a) Except as otherwise provided in subsection

902(c) of this order, the authorities vested in the President by

title VII of the Act [50 App. U.S.C. 2151 et seq.] may be exercised

and performed by the head of each department and agency in carrying

out the delegated authorities under the Act and this order.

(b) The authorities which may be exercised and performed pursuant

to subsection 902(a) of this order shall include (1) the power to

redelegate authorities, and to authorize the successive

redelegation of authorities, to departments and agencies, officers,

and employees of the government, and (2) the power of subpoena with

respect to authorities delegated in parts II, III, and IV of this

order, provided that the subpoena power shall be utilized only

after the scope and purpose of the investigation, inspection, or

inquiry to which the subpoena relates have been defined either by

the appropriate officer identified in subsection 902(a) of this

order or by such other person or persons as the officer shall

designate.

(c) Excluded from the authorities delegated by subsection 902(a)

of this order are authorities delegated by parts V, VI, and VIII of

this order and the authority with respect to fixing compensation

under section 703(a) of the Act [50 App. U.S.C. 2153(a)].

Sec. 903. Authority. All previously issued orders, regulations,

rulings, certificates, directives, and other actions relating to

any function affected by this order shall remain in effect except

as they are inconsistent with this order or are subsequently

amended or revoked under proper authority. Nothing in this order

shall affect the validity or force of anything done under previous

delegations or other assignment of authority under the Act.

Sec. 904. Effect on other Orders. (a) The following are

superseded or revoked:

(1) Section 3, Executive Order No. 8248 of September 8, 1939,

(4 FR 3864).

(2) Executive Order No. 10222 of March 8, 1951 (16 FR 2247) [50

App. U.S.C. 2256 note].

(3) Executive Order No. 10480 of August 14, 1953 (18 FR 4939)

[formerly set out above].

(4) Executive Order No. 10647 of November 28, 1955 (20 FR 8769)

[50 App. U.S.C. 2160 note].

(5) Executive Order No. 11179 of September 22, 1964 (29 FR

13239) [formerly set out above].

(6) Executive Order No. 11355 of May 26, 1967 (32 FR 7803) [50

App. U.S.C. 2160 note].

(7) Sections 7 and 8, Executive Order No. 11912 of April 13,

1976 (41 FR 15825, 15826-27) [42 U.S.C. 6201 note].

(8) Section 3, Executive Order No. 12148 of July 20, 1979 (44

FR 43239, 43241) [42 U.S.C. 5195 note].

(9) Executive Order No. 12521 of June 24, 1985 (50 FR 26335).

(10) Executive Order No. 12649 of August 11, 1988 (53 FR

30639).

(11) Executive Order No. 12773 of September 26, 1991 (56 FR

49387), except that part of the order that amends section 604 of

Executive Order [No.] 10480.

(b) Executive Order No. 10789 of November 14, 1958 [50 U.S.C.

1431 note], is amended by deleting "and in view of the existing

national emergency declared by Proclamation No. 2914 of December

16, 1950," as it appears in the first sentence.

(c) Executive Order No. 11790 [15 U.S.C. 761 note], as amended,

relating to the Federal Energy Administration Act of 1974 [15

U.S.C. 761 et seq.], is amended by deleting "Executive Order No.

10480" where it appears in section 4 and substituting this order's

number.

(d) Subject to subsection 904(c) of this order, to the extent

that any provision of any prior Executive order is inconsistent

with the provisions of this order, this order shall control and

such prior provision is amended accordingly.

Sec. 905. Judicial Review. This order is not intended to create

any right or benefit, substantive or procedural, enforceable at law

by a party against the United States, its agencies, its officers,

or any person.

[For abolition, transfer of functions, and treatment of

references to United States Arms Control and Disarmament Agency,

see section 6511 et seq. of Title 22, Foreign Relations and

Intercourse.]

-End-

-CITE-

50 USC APPENDIX Sec. 2154 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2154. Regulations and orders

-STATUTE-

(a) In general

Subject to section 709 [section 2159 of this Appendix] 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 Act [sections 2061 to 2171 of this Appendix].

(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 [41 U.S.C. 421], and shall

conform to any governmentwide procurement policy or regulation

issued pursuant to section 6 or 25 of that Act [41 U.S.C. 405,

421].

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 704, 64 Stat. 816; July

31, 1951, ch. 275, title I, Sec. 109(c), 65 Stat. 139; Pub. L.

102-558, title I, Sec. 134, Oct. 28, 1992, 106 Stat. 4212.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-558 amended section generally, substituting

present provisions for provisions authorizing promulgation of

rules, regulations, and orders by the President in order to carry

out sections 2061 to 2170 of this Appendix.

1951 - Act July 31, 1951, limited authority to regulate natural

gas where a State agency is handling the matter.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2072 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2155 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2155. Investigations; records; reports; subpoenas; right to

counsel

-STATUTE-

(a) The President shall be entitled, while this Act [sections

2061 to 2171 of this Appendix] 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 Act [said sections] and the regulations

or orders issued thereunder. 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) The production of a person's 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) 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) 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) Any person subpoenaed under this section shall have the right

to make a record of his testimony and to be represented by counsel.

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 705, 64 Stat. 816; July

31, 1951, ch. 275, title I, Sec. 109(d), 65 Stat. 139; June 30,

1952, ch. 530, title I, Sec. 117, 66 Stat. 306; June 30, 1953, ch.

171, Sec. 9, 67 Stat. 131; Pub. L. 91-452, title II, Sec. 251, Oct.

15, 1970, 84 Stat. 931; Pub. L. 102-558, title I, Sec. 142, Oct.

28, 1992, 106 Stat. 4217.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-558, Sec. 142(1), substituted

"subpoena" for "subpena" in two places.

Subsec. (b). Pub. L. 102-558, Sec. 142(1), (2), redesignated

subsec. (c) as (b) and substituted "subpoena" for "subpena".

Subsec. (c). Pub. L. 102-558, Sec. 142(2), (3), redesignated

subsec. (d) as (c) and substituted "$10,000" for "$1,000". Former

subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 102-558, Sec. 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 705, 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. 102-558, Sec. 142(2), (5),

redesignated subsec. (f) as (e) and substituted "subpoenaed" for

"subpenaed". Former subsec. (e) redesignated (d).

1970 - Subsec. (b). Pub. L. 91-452 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 2061 to 2166 of this Appendix.

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.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 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. 91-452, set out as an Effective Date;

Savings Provision note under section 6001 of Title 18, Crimes and

Criminal Procedure.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], 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.

-End-

-CITE-

50 USC APPENDIX Sec. 2156 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2156. Jurisdiction of courts; injunctions; venue; process;

effect of termination of provisions

-STATUTE-

(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

Act [sections 2061 to 2171 of this Appendix], 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 Act [sections 2061 to 2171 of this Appendix] or

any rule, regulation, order, or subpena thereunder, and of all

civil actions under this Act [said sections] to enforce any

liability or duty created by, or to enjoin any violation of, this

Act [said sections] 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 title or section of this Act [said sections], 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

title or of such rule, regulation, or order. No costs shall be

assessed against the United States in any proceeding under this Act

[said sections]. All litigation arising under this Act [said

sections] or the regulations promulgated thereunder shall be under

the supervision and control of the Attorney General.

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 706, 64 Stat. 817; July

31, 1951, ch. 275, title I, Sec. 109(e), 65 Stat. 139.)

-MISC1-

AMENDMENTS

1951 - Subsec. (a). Act July 31, 1951, broadened relief a court

may grant when Government seeks to enjoin violations.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], 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.

-End-

-CITE-

50 USC APPENDIX Sec. 2157 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2157. Liability for compliance with invalid regulations;

discrimination against orders or contracts affected by priorities

or allocations

-STATUTE-

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 Act [sections 2061 to 2171 of this Appendix], 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 title I of this Act [sections 2071 to 2078 of this

Appendix] 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.

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 707, 64 Stat. 818; June

30, 1952, ch. 530, title I, Sec. 118, 66 Stat. 306.)

-MISC1-

AMENDMENTS

1952 - Act June 30, 1952, in first sentence struck out "his"

before "compliance with".

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2158 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2158. Voluntary agreements and plans of action for

preparedness programs and expansion of production capacity and

supply

-STATUTE-

(a) Immunity from civil and criminal liability or defense to action

under antitrust laws; exceptions

Except as specifically provided in subsection (j) of this

section, no provision of this Act [sections 2061 to 2171 of this

Appendix] shall be deemed to convey to any person any immunity from

civil or criminal liability, or to create defenses to actions,

under the antitrust laws.

(b) Definitions

For purposes of this Act [sections 2061 to 2171 of this Appendix]

-

(1) Antitrust laws

The term "antitrust laws" has the meaning given to such term in

subsection (a) of the first section of the Clayton Act [15 U.S.C.

12(a)], except that such term includes section 5 of the Federal

Trade Commission Act [15 U.S.C. 45] to the extent that such

section 5 applies to unfair methods of competition.

(2) Plan of action

The term "plan of action" means any of 1 or more documented

methods adopted by participants in an existing voluntary

agreement to implement that agreement.

(c) Prerequisites for agreements and plans of action; delegation of

authority to Presidential designees

(1) Upon finding that conditions exist which may pose a direct

threat to the national defense or its preparedness programs, the

President may consult with representatives of industry, business,

financing, agriculture, labor, and other interests in order to

provide for the making by such persons, with the approval of the

President, of voluntary agreements and plans of action to help

provide for the defense of the United States through the

development of preparedness programs and the expansion of

productive capacity and supply beyond levels needed to meet

essential civilian demand in the United States.

(2) The authority granted to the President in paragraph (1) and

subsection (d) may be delegated by him (A) to individuals who are

appointed by and with the advice and consent of the Senate, or are

holding offices to which they have been appointed by and with the

advice and consent of the Senate, (B) upon the condition that such

individuals consult with the Attorney General and with the Federal

Trade Commission not less than ten days before consulting with any

persons under paragraph (1), and (C) upon the condition that such

individuals obtain the prior approval of the Attorney General,

after consultation by the Attorney General with the Federal Trade

Commission, to consult under paragraph (1).

(d) Advisory committees; establishment; applicable provisions;

membership; notice and participation in meetings; verbatim

transcript; availability to public

(1) To achieve the objectives of subsection (c)(1) of this

section, the President or any individual designated pursuant to

subsection (c)(2) may provide for the establishment of such

advisory committees as he determines are necessary. In addition to

the requirements specified in this section and except as provided

in subsection (n), any such advisory committee shall be subject to

the provisions of the Federal Advisory Committee Act, whether or

not such Act or any of its provisions expire or terminate during

the term of this Act [sections 2061 to 2171 of this Appendix] or of

such committees, and in all cases such advisory committees shall be

chaired by a Federal employee (other than an individual employed

pursuant to section 3109 of title 5, United States Code) and shall

include representatives of the public. The Attorney General and the

Federal Trade Commission shall have adequate advance notice of any

meeting and may have an official representative attend and

participate in any such meeting.

(2) A full and complete verbatim transcript shall be kept of such

advisory committee meetings, and shall be taken and deposited,

together with any agreement resulting therefrom, with the Attorney

General and the Federal Trade Commission. Such transcript and

agreement shall be made available for public inspection and

copying, subject to the provisions of paragraphs (1), (3), and (4)

of section 552(b) of title 5, United States Code.

(e) Rules; promulgation by Presidential designees; consultation by

Attorney General with Chairman of Federal Trade Commission;

approval of Attorney General; procedures; incorporation of

standards and procedures for development of agreements and plans

of action

(1) The individual or individuals referred to in subsection

(c)(2) shall, after approval of the Attorney General, after

consultation by the Attorney General with the Chairman of the

Federal Trade Commission, promulgate rules, in accordance with

section 553 of title 5, United States Code, incorporating standards

and procedures by which voluntary agreements and plans of action

may be developed and carried out.

(2) In addition to the requirements of section 553 of title 5,

United States Code -

(A) general notice of the proposed rulemaking referred to in

paragraph (1) shall be published in the Federal Register, and

such notice shall include -

(i) a statement of the time, place, and nature of the

proposed rulemaking proceedings;

(ii) reference to the legal authority under which the rule is

being proposed; and

(iii) either the terms of substance of the proposed rule or a

description of the subjects and issues involved;

(B) the required publication of a rule shall be made not less

than thirty days before its effective date; and

(C) the individual or individuals referred to in paragraph (1)

shall give interested persons the right to petition for the

issuance, amendment, or repeal of a rule.

(3) The rules promulgated pursuant to this subsection

incorporating standards and procedures by which voluntary

agreements may be developed shall provide, among other things, that

-

(A) such agreements shall be developed at meetings which

include -

(i) the Attorney General or his delegate,

(ii) the Chairman of the Federal Trade Commission or his

delegate, and

(iii) an individual designated by the President in subsection

(c)(2) or his delegate,

and which are chaired by the individual referred to in clause

(iii);

(B) at least seven days prior to any such meeting, notice of

the time, place, and nature of the meeting shall be published in

the Federal Register;

(C) interested persons may submit written data and views

concerning the proposed voluntary agreement, with or without

opportunity for oral presentation;

(D) interested persons may attend any such meeting unless the

individual designated by the President in subsection (c)(2) finds

that the matter or matters to be discussed at such meeting falls

within the purview of matters described in section 552b(c) of

title 5, United States Code;

(E) a full and verbatim transcript shall be made of any such

meeting and shall be transmitted by the chairman of the meeting

to the Attorney General and to the Chairman of the Federal Trade

Commission;

(F) any voluntary agreement resulting from the meetings shall

be transmitted by the chairman of the meetings to the Attorney

General, the Chairman of the Federal Trade Commission, and the

Congress; and

(G) any transcript referred to in subparagraph (E) and any

voluntary agreement referred to in subparagraph (F) shall be

available for public inspection and copying, subject to

paragraphs (1), (3), and (4) of section 552(b) of title 5, United

States Code.

(f) Commencement of agreements and plans of action; expiration

date; extensions

(1) A voluntary agreement or plan of action may not become

effective unless and until -

(A) the individual referred to in subsection (c)(2) who is to

administer the agreement or plan approves it and certifies, in

writing, that the agreement or plan is necessary to carry out the

purposes of subsection (c)(1) and submits a copy of such

agreement or plan to the Congress; and

(B) the Attorney General (after consultation with the Chairman

of the Federal Trade Commission) finds, in writing, that such

purpose may not reasonably be achieved through a voluntary

agreement or plan of action having less anticompetitive effects

or without any voluntary agreement or plan of action and

publishes such finding in the Federal Register.

(2) Each voluntary agreement or plan of action which becomes

effective under paragraph (1) shall expire two years after the date

it becomes effective (and at two-year intervals thereafter, as the

case may be), unless (immediately prior to such expiration date)

the individual referred to in subsection (c)(2) who administers the

agreement or plan and the Attorney General (after consultation with

the Chairman of the Federal Trade Commission) make the

certification or finding, as the case may be, described in

paragraph (1) with respect to such voluntary agreement or plan of

action and publish such certification or finding in the Federal

Register, in which case, the voluntary agreement or plan of action

may be extended for an additional period of two years.

(g) Monitoring of agreements and plans of action by Attorney

General and Chairman of Federal Trade Commission

The Attorney General and the Chairman of the Federal Trade

Commission shall monitor the carrying out of any voluntary

agreement or plan of action to assure -

(1) that the agreement or plan is carrying out the purposes of

subsection (c)(1);

(2) that the agreement or plan is being carried out under rules

promulgated pursuant to subsection (e);

(3) that the participants are acting in accordance with the

terms of the agreement or plan; and

(4) the protection and fostering of competition and the

prevention of anticompetitive practices and effects.

(h) Required provisions of rules for implementation of agreements

and plans of action

The rules promulgated under subsection (e) with respect to the

carrying out of voluntary agreements and plans of action shall

provide -

(1) for the maintenance, by participants in any voluntary

agreement or plan of action, of documents, minutes of meetings,

transcripts, records, and other data related to the carrying out

of any voluntary agreement or plan of action;

(2) that participants in any voluntary agreement or plan of

action agree, in writing, to make available to the individual

designated by the President in subsection (c)(2) to administer

the voluntary agreement or plan of action, the Attorney General

and the Chairman of the Federal Trade Commission for inspection

and copying at reasonable times and upon reasonable notice any

item maintained pursuant to paragraph (1);

(3) that any item made available to the individual designated

by the President in subsection (c)(2) to administer the voluntary

agreement or plan of action, the Attorney General, or the

Chairman of the Federal Trade Commission pursuant to paragraph

(2) shall be available from such individual, the Attorney

General, or the Chairman of the Federal Trade Commission, as the

case may be, for public inspection and copying, subject to

paragraph (1), (3), or (4) of section 552(b) of title 5, United

States Code;

(4) that the individual designated by the President in

subsection (c)(2) to administer the voluntary agreement or plan

of action, the Attorney General, and the Chairman of the Federal

Trade Commission, or their delegates, may attend meetings to

carry out any voluntary agreement or plan of action;

(5) that a Federal employee (other than an individual employed

pursuant to section 3109 of title 5 of the United States Code)

shall attend meetings to carry out any voluntary agreement or

plan of action;

(6) that participants in any voluntary agreement or plan of

action provide the individual designated by the President in

subsection (c)(2) to administer the voluntary agreement or plan

of action, the Attorney General, and the Chairman of the Federal

Trade Commission with adequate prior notice of the time, place,

and nature of any meeting to be held to carry out the voluntary

agreement or plan of action;

(7) for the attendance by interested persons of any meeting

held to carry out any voluntary agreement or plan of action,

unless the individual designated by the President in subsection

(c)(2) to administer the voluntary agreement or plan of action

finds that the matter or matters to be discussed at such meeting

falls within the purview of matters described in section 552b(c)

of title 5, United States Code;

(8) that the individual designated by the President in

subsection (c)(2) to administer the voluntary agreement or plan

of action has published in the Federal Register prior

notification of the time, place, and nature of any meeting held

to carry out any voluntary agreement or plan of action, unless he

finds that the matter or matters to be discussed at such meeting

falls within the purview of matters described in section 552b(c)

of title 5, United States Code, in which case, notification of

the time, place, and nature of such meeting shall be published in

the Federal Register within ten days of the date of such meeting;

(9) that -

(A) the Attorney General (after consultation with the

Chairman of the Federal Trade Commission and the individual

designated by the President in subsection (c)(2) to administer

a voluntary agreement or plan of action), or

(B) the individual designated by the President in subsection

(c)(2), to administer a voluntary agreement or plan of action

(after consultation with the Attorney General and the Chairman

of the Federal Trade Commission),

may terminate or modify, in writing, the voluntary agreement or

plan of action at any time, and that effective, immediately upon

such termination or modification, any antitrust immunity

conferred upon the participants in the voluntary agreement or

plan of action by subsection (j) shall not apply to any act or

omission occurring after the time of such termination or

modification;

(10) that participants in any voluntary agreement or plan of

action be reasonably representative of the appropriate industry

or segment of such industry; and

(11) that the individual designated by the President in

subsection (c)(2) to administer the voluntary agreement or plan

of action shall provide prior written notification of the time,

place, and nature of any meeting to carry out a voluntary

agreement or plan of action to the Attorney General, the Chairman

of the Federal Trade Commission and the Congress.

(i) Rules; promulgation by Attorney General and Chairman of Federal

Trade Commission

The Attorney General and the Chairman of the Federal Trade

Commission shall each promulgate such rules as each deems necessary

or appropriate to carry out his responsibility under this section.

(j) Defenses

(1) In general

Subject to paragraph (4), there shall be available as a defense

for any person to any civil or criminal action brought under the

antitrust laws (or any similar law of any State) with respect to

any action taken to develop or carry out any voluntary agreement

or plan of action under this section that -

(A) such action was taken -

(i) in the course of developing a voluntary agreement

initiated by the President or a plan of action adopted under

any such agreement; or

(ii) to carry out a voluntary agreement initiated by the

President and approved in accordance with this section or a

plan of action adopted under any such agreement, and

(B) such person -

(i) complied with the requirements of this section and any

regulation prescribed under this section; and

(ii) acted in accordance with the terms of the voluntary

agreement or plan of action.

(2) Scope of defense

Except in the case of actions taken to develop a voluntary

agreement or plan of action, the defense established in paragraph

(1) shall be available only if and to the extent that the person

asserting the defense demonstrates that the action was specified

in, or was within the scope of, an approved voluntary agreement

initiated by the President and approved in accordance with this

section or a plan of action adopted under any such agreement and

approved in accordance with this section. The defense established

in paragraph (1) shall not be available unless the President or

the President's designee has authorized and actively supervised

the voluntary agreement or plan of action.

(3) Burden of persuasion

Any person raising the defense established in paragraph (1)

shall have the burden of proof to establish the elements of the

defense.

(4) Exception for actions taken to violate the antitrust laws

The defense established in paragraph (1) shall not be available

if the person against whom the defense is asserted shows that the

action was taken for the purpose of violating the antitrust laws.

(k) Surveys and studies by Attorney General and Federal Trade

Commission; content; annual report to Congress and President by

Attorney General

The Attorney General and the Federal Trade Commission shall each

make surveys for the purpose of determining any factors which may

tend to eliminate competition, create or strengthen monopolies,

injure small business, or otherwise promote undue concentration of

economic power in the course of the administration of this section.

Such surveys shall include studies of the voluntary agreements and

plans of action authorized by this section. The Attorney General

shall (after consultation with the Federal Trade Commission) submit

to the Congress and the President at least once every year reports

setting forth the results of such studies of voluntary agreements

and plans of action.

(l) Annual report to Congress and President by Presidential

designees; contents

The individual or individuals designated by the President in

subsection (c)(2) shall submit to the Congress and the President at

least once every year reports describing each voluntary agreement

or plan of action in effect and its contribution to achievement of

the purpose of subsection (c)(1).

(m) Jurisdiction to enjoin statutory exemption or suspension and

order for production of transcripts, etc.; procedures

On complaint, the United States District Court for the District

of Columbia shall have jurisdiction to enjoin any exemption or

suspension pursuant to subsections (d)(2), (e)(3)(D) and (G), and

(h)(3), (7), and (8), and to order the production of transcripts,

agreements, items, or other records maintained pursuant to this

section by the Attorney General, the Federal Trade Commission or

any individual designated under subsection (c)(2), where the court

determines that such transcripts, agreements, items, or other

records have been improperly withheld from the complainant. In such

a case the court shall determine the matter de novo, and may

examine the contents of such transcripts, agreements, items, or

other records in camera to determine whether such transcripts,

agreements, items, or other records or any parts thereof shall be

withheld under any of the exemption or suspension provisions

referred to in this subsection, and the burden is on the Attorney

General, the Federal Trade Commission, or such designated

individual, as the case may be, to sustain its action.

(n) Exemption from Advisory Committee Act provisions

Notwithstanding any other provision of law, any activity

conducted under a voluntary agreement or plan of action approved

pursuant to this section, when conducted in compliance with the

requirements of this section, any regulation prescribed under this

subsection, and the provisions of the voluntary agreement or plan

of action, shall be exempt from the Federal Advisory Committee Act

and any other Federal law and any Federal regulation relating to

advisory committees.

(o) Preemption of contract law in emergencies

In any action in any Federal or State court for breach of

contract, there shall be available as a defense that the alleged

breach of contract was caused predominantly by action taken during

an emergency to carry out a voluntary agreement or plan of action

authorized and approved in accordance with this section. Such

defense shall not release the party asserting it from any

obligation under applicable law to mitigate damages to the greatest

extent possible.

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 708, 64 Stat. 818; June

30, 1952, ch. 530, title I, Sec. 116(c), 66 Stat. 305; Aug. 9,

1955, ch. 655, Sec. 6, 69 Stat. 581; Pub. L. 87-305, Sec. 5(b),

Sept. 26, 1961, 75 Stat. 667; Pub. L. 91-151, title I, Sec. 9, Dec.

23, 1969, 83 Stat. 376; Pub. L. 94-152, Sec. 3, Dec. 16, 1975, 89

Stat. 810; Pub. L. 102-99, Sec. 5, Aug. 17, 1991, 105 Stat. 487.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsecs.

(d)(1) and (n), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-99, Sec. 5(1), struck out "and

subsection (j) of section 708A" after "subsection (j) of this

section".

Subsec. (b). Pub. L. 102-99, Sec. 5(2), added subsec. (b) and

struck out former subsec. (b) which read as follows: "As used in

this section and section 708A the term 'antitrust laws' means -

"(1) the Act entitled 'An Act to protect trade and commerce

against unlawful restraints and monopolies', approved July 2,

1890 (15 U.S.C. 1 et seq.);

"(2) the Act entitled 'An act to supplement existing laws

against unlawful restraints and monopolies and for other

purposes', approved October 15, 1914 (15 U.S.C. 12 et seq.);

"(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);

"(4) sections 73 and 74 of the Act entitled 'An Act to reduce

taxation, to provide revenue for the Government, and for other

purposes', approved August 27, 1894 (15 U.S.C. 8 and 9);

"(5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a,

13b, and 21a); and

"(6) the Act entitled 'An Act to promote export trade and for

other purposes', approved April 10, 1918 (15 U.S.C. 61-65)."

Subsec. (c)(1). Pub. L. 102-99, Sec. 5(3), inserted "and plans of

action" after "voluntary agreements" and substituted "Upon" for

"Except as otherwise provided in section 708A(o), upon".

Subsec. (c)(2). Pub. L. 102-99, Sec. 5(4), struck out at end "For

the purpose of carrying out the objectives of title I of this Act,

the authority granted in paragraph (1) of this subsection shall not

be delegated to more than one individual."

Subsec. (d)(1). Pub. L. 102-99, Sec. 5(5), inserted "and except

as provided in subsection (n)" after "specified in this section"

and struck out ", and the meetings of such committees shall be open

to the public" after "representatives of the public".

Subsec. (d)(2). Pub. L. 102-99, Sec. 5(6), substituted

"paragraphs (1), (3), and (4) of section 552(b)" for "section

552(b)(1) and (b)(3)".

Subsec. (e)(1). Pub. L. 102-99, Sec. 5(7), substituted "voluntary

agreements and plans of action" for "voluntary agreements".

Subsec. (e)(3)(D). Pub. L. 102-99, Sec. 5(8), substituted

"section 552b(c)" for "subsection (b)(1) or (b)(3) of section 552".

Subsec. (e)(3)(F). Pub. L. 102-99, Sec. 5(9), inserted reference

to Congress.

Subsec. (e)(3)(G). Pub. L. 102-99, Sec. 5(10), substituted

"paragraphs (1), (3), and (4) of section 552(b)" for "subsections

(b)(1) and (b)(3) of section 552".

Subsec. (f)(1). Pub. L. 102-99, Sec. 5(11)(A), inserted "or plan

of action" after "voluntary agreement".

Subsec. (f)(1)(A). Pub. L. 102-99, Sec. 5(12), inserted "and

submits a copy of such agreement or plan to the Congress" after

"subsection (c)(1)".

Pub. L. 102-99, Sec. 5(11)(B), inserted "or plan" after "the

agreement" wherever appearing.

Subsec. (f)(1)(B). Pub. L. 102-99, Sec. 5(13), inserted before

period "and publishes such finding in the Federal Register".

Pub. L. 102-99, Sec. 5(11)(A), inserted "or plan of action" after

"voluntary agreement" wherever appearing.

Subsec. (f)(2). Pub. L. 102-99, Sec. 5(14), inserted "and publish

such certification or finding in the Federal Register" before ", in

which case".

Pub. L. 102-99, Sec. 5(11), inserted "or plan" after "the

agreement", and "or plan of action" after "voluntary agreement"

wherever appearing.

Subsec. (g). Pub. L. 102-99, Sec. 5(11)(A), inserted "or plan of

action" after "voluntary agreement".

Subsec. (g)(1) to (3). Pub. L. 102-99, Sec. 5(11)(B), inserted

"or plan" after "the agreement".

Subsec. (h). Pub. L. 102-99, Sec. 5(15)(A), inserted "and plans

of action" after "voluntary agreements".

Subsec. (h)(1), (2). Pub. L. 102-99, Sec. 5(15)(B), inserted "or

plan of action" after "voluntary agreement" wherever appearing.

Subsec. (h)(3). Pub. L. 102-99, Sec. 5(16), substituted

"paragraph (1), (3), or (4) of section 552(b)" for "subsections

(b)(1) and (b)(3) of section 552".

Pub. L. 102-99, Sec. 5(15)(B), inserted "or plan of action" after

"voluntary agreement".

Subsec. (h)(4) to (6). Pub. L. 102-99, Sec. 5(15)(B), inserted

"or plan of action" after "voluntary agreement" wherever appearing.

Subsec. (h)(7), (8). Pub. L. 102-99, Sec. 5(15)(B), (17),

inserted "or plan of action" after "voluntary agreement" wherever

appearing and substituted "section 552b(c)" for "subsection (b)(1)

or (b)(3) of section 552".

Subsec. (h)(9), (10). Pub. L. 102-99, Sec. 5(15)(B), inserted "or

plan of action" after "voluntary agreement" wherever appearing.

Subsec. (h)(11). Pub. L. 102-99, Sec. 5(15)(C)-(E), added par.

(11).

Subsec. (j). Pub. L. 102-99, Sec. 5(18), added subsec. (j) and

struck out former subsec. (j) which read as follows: "There shall

be available as a defense for any person to any civil or criminal

action brought for violation of the antitrust laws (or any similar

law of any State) with respect to any act or omission to act to

develop or carry out any voluntary agreement under this section

that -

"(1) such act or omission to act was taken in good faith by

that person -

"(A) in the course of developing a voluntary agreement under

this section, or

"(B) to carry out a voluntary agreement under this section;

and

"(2) such person fully complied with this section and the rules

promulgated hereunder, and acted in accordance with the terms of

the voluntary agreement."

Subsec. (k). Pub. L. 102-99, Sec. 5(19), inserted "and plans of

action" after "voluntary agreements" wherever appearing.

Subsec. (l). Pub. L. 102-99, Sec. 5(20), inserted "or plan of

action" after "voluntary agreement".

Subsecs. (n), (o). Pub. L. 102-99, Sec. 5(21), added subsecs. (n)

and (o).

1975 - Subsec. (a). Pub. L. 94-152 substituted provisions

relating to immunity from civil and criminal liability under the

antitrust laws for provisions authorizing President to approve

voluntary programs and agreements under section 2061 et seq. of

this Appendix.

Subsec. (b). Pub. L. 94-152 substituted definition of "antitrust

laws" for provisions exempting under certain conditions acts or

omissions to act pursuant to section 2061 et seq. of this Appendix

from the antitrust laws or the Federal Trade Commission Act.

Subsec. (c). Pub. L. 94-152 restructured subsec. (c) into pars.

(1) and (2), and, as so restructured, inserted provisions of par.

(1) authorizing President to consult with leaders of industry,

finance, agriculture and labor with a view to developing voluntary

agreements to help provide for the defense of the United States

whenever he finds conditions exist which pose a threat to the

national defense or preparedness programs and transferred existing

provisions to par. (2), and, as transferred, substituted provisions

which authorized President to delegate authority granted to him in

par. (1) of this subsection and under subsec. (d) of this section,

for provisions authorizing delegation of authority of subsec. (b)

of this section.

Subsec. (d). Pub. L. 94-152 substituted provisions relating to

establishment, membership, meetings, transcripts, etc. of advisory

committees, for provisions relating to application of this section

to acts or omissions to act after withdrawal of any request or

finding under this section or withdrawal of approval of Attorney

General.

Subsec. (e). Pub. L. 94-152 substituted provisions relating to

promulgation of rules for voluntary agreements, procedures for

promulgation and required provisions, for provisions relating to

monitoring by Attorney General of agreements in force and reports

to President and Congress.

Subsecs. (f) to (m). Pub. L. 94-152 added subsecs. (f) to (m).

1969 - Subsec. (b). Pub. L. 91-151, Sec. 9(a), struck out

provision under which exemption from prohibitions of antitrust laws

and application of Federal Trade Commission Act had been limited to

only those voluntary agreements covering military equipment

purchased by Defense Department.

Subsec. (f). Pub. L. 91-151, Sec. 9(b), struck out subsec. (f)

which prohibited approval of voluntary credit control agreements

under this section after June 30, 1952.

1961 - Subsec. (e). Pub. L. 87-305 struck out ", and the reports

hereafter required," after "Such surveys" and "within ninety days

after the approval of this Act [Sept. 8, 1950], and" after

"President" and substituted "studies of voluntary agreements and

programs authorized by this section" for "such surveys and

including such recommendations as he may deem desirable".

1955 - Subsec. (b). Act Aug. 9, 1955, Sec. 6(1), inserted

proviso.

Subsec. (d). Act Aug. 9, 1955, Sec. 6(2), exempted subsequent

acts or omissions to act upon withdrawal by Attorney General of his

approval of voluntary agreement or program.

Subsec. (e). Act Aug. 9, 1955, Sec. 6(3), (4), included studies

of voluntary agreements and programs in surveys and reports, and

required Attorney General to report to Congress at least once every

three months.

1952 - Subsec. (f). Act June 30, 1952, added subsec. (f).

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-99 effective Oct. 20, 1990, see section

7 of Pub. L. 102-99, set out as a note under section 2071 of this

Appendix.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 9 of Pub. L. 94-152, as amended by Pub. L. 94-153, Dec.

16, 1975, 89 Stat. 822; Pub. L. 94-220, Feb. 27, 1976, 90 Stat.

195, provided that: "This Act and the amendments made by it

[enacting section 2158a of this Appendix, amending sections 2160,

2162, 2166, 2168, and 2169 of this Appendix, and enacting

provisions set out as notes under this section and section 2061 of

this Appendix] shall take effect at the close of November 30, 1975,

except that the amendment made by section 3 [amending this section]

shall take effect upon the one hundred and twentieth day beginning

after the date of its enactment [Dec. 16, 1975]."

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act Aug. 9, 1955, effective as of the close of July

31, 1955, see section 11 of act Aug. 9, 1955, set out as a note

under section 2062 of this Appendix.

TERMINATION DATE

Provision for termination of section on June 30, 1972, eliminated

in amendment by Pub. L. 92-15, Sec. 2, May 18, 1971, 85 Stat. 38,

of section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions conferred upon President under this section necessary

to effect changes in composition of, or to take other action

respecting voluntary agreements and programs relating to, small

business production pools approved prior to July 31, 1953,

delegated to Administrator of Small Business Administration by Ex.

Ord. No. 10493, Oct. 14, 1953, 18 F.R. 6583, set out as a note

under section 640 of Title 15, Commerce and Trade.

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], 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.

For delegation of authority of President under subsecs. (c) and

(d) of this section to heads of each Federal department or agency,

see sections 501 and 502 of Ex. Ord. No. 12919, June 3, 1994, 59

F.R. 29525, set out as a note under section 2153 of this Appendix.

-MISC2-

CONTINUATION IN EFFECT OF EXISTING VOLUNTARY AGREEMENTS

Section 4 of Pub. L. 94-152 provided that:

"(a) Any voluntary agreement -

"(1) entered into under section 708 of the Defense Production

Act of 1950 [this section] prior to the effective date of this

Act [see Effective Date of 1975 Amendment note below], and

"(2) in effect immediately prior to such date may continue in

effect (except as otherwise provided in section 708A(o) of the

Defense Production Act of 1950, as amended by this Act) [former

section 2158a(o) of this Appendix] and shall be carried out in

accordance with such section 708, as amended by this Act, and

such section 708A.

"(b) No provision of the Defense Production Act of 1950, as

amended by this Act [see Short Title of 1975 Amendment note set out

under section 2061 of this Appendix] shall be construed as granting

immunity for, nor as limiting or in any way affecting any remedy or

penalty which may result from any legal action or proceeding

arising from, any acts or practices which occurred (1) prior to the

date of enactment of this Act [Dec. 16, 1975], (2) outside the

scope and purpose or not in compliance with the terms and

conditions of the Defense Production Act of 1950 [see section 2061

of this Appendix], or (3) subsequent to the expiration or repeal of

the Defense Production Act of 1950.

"(c) Effective on the date of enactment of this Act [Dec. 16,

1975], the immunity conferred by section 708 or 708A of the Defense

Production Act of 1950, as amended by this Act [this section and

section 2158a of this Appendix], shall not apply to any action

taken or authorized to be taken by or under the Emergency Petroleum

Allocation Act of 1973 [section 751 et seq. of Title 15, Commerce

and Trade]."

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. Advisory

committees established after Jan. 5, 1973, to terminate not later

than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a committee established

by the President or an officer of the Federal Government, such

committee is renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a committee established by

the Congress, its duration is otherwise provided by law. See

section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2166 of this Appendix;

title 6 section 133; title 42 section 6272.

-End-

-CITE-

50 USC APPENDIX Sec. 2158a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2158a. Repealed. Pub. L. 102-99, Sec. 4, Aug. 17, 1991, 105

Stat. 487

-MISC1-

Section, act Sept. 8, 1950, ch. 932, title VII, Sec. 708A, as

added Dec. 16, 1975, Pub. L. 94-152, Sec. 3, 89 Stat. 815, related

to voluntary agreements and plans of action for international

agreements for international allocation of petroleum products and

related information systems.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 20, 1990, see section 7 of Pub. L. 102-99,

set out as an Effective Date of 1991 Amendment note under section

2071 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2159 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2159. Public participation in rulemaking

-STATUTE-

(a) Exemption from Administrative Procedure Act

Any regulation issued under this Act [sections 2061 to 2171 of

this Appendix] shall not be subject to sections 551 through 559 of

title 5, United States Code.

(b) Opportunity for notice and comment

(1) In general

Except as provided in subsection (c), any regulation issued

under this Act [sections 2061 to 2171 of this Appendix] 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, United States

Code.

(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 Act [sections 2061 to 2171 of

this Appendix] shall be subject to section 22 of the Office of

Federal Procurement Policy Act [41 U.S.C. 418b].

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 709, 64 Stat. 819; Pub. L.

102-558, title I, Sec. 136(a), Oct. 28, 1992, 106 Stat. 4216.)

-REFTEXT-

REFERENCES IN TEXT

The Administrative Procedure Act, referred to in subsec. (a), was

repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632,

and reenacted by the first section thereof principally in

subchapter II (Sec. 551 et seq.) of chapter 5, and chapter 7 (Sec.

701 et seq.), of Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-558 amended section generally. Prior to

amendment, section read as follows: "The functions exercised under

this Act 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 Act 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."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 136(b) of Pub. L. 102-558 provided that: "Section 709 of

the Defense Production Act of 1950 (50 U.S.C. App. 2159), 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]."

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2154 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2160 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2160. Employment of personnel; appointment policies; nucleus

executive reserve; use of confidential information by employees;

printing and distribution of reports

-STATUTE-

(a) Repealed. June 28, 1955, ch. 189, Sec. 12(c)(1), 69 Stat.

180.

(b)(1) The President is further authorized, to the extent he

deems it necessary and appropriate in order to carry out the

provisions of this Act [sections 2061 to 2171 of this Appendix] and

subject to such regulations as he may issue, to employ persons of

outstanding experience and ability without compensation;

(2) The President shall be guided in the exercise of the

authority provided in this subsection by the following policies:

(i) So far as possible, operations under the Act [said

sections] shall be carried on by full-time, salaried employees of

the Government, and appointments under this authority shall be to

advisory or consultative positions only.

(ii) Appointments to positions other than advisory or

consultative may be made under this authority only when the

requirements of the position are such that the incumbent must

personally possess outstanding experience and ability not

obtainable on a full-time, salaried basis.

(iii) In the appointment of personnel and in assignment of

their duties, the head of the department or agency involved shall

take steps to avoid, to as great an extent as possible, any

conflict between the governmental duties and the private

interests of such personnel.

(3) Appointees under this subsection shall, when policy matters

are involved, be limited to advising appropriate full-time salaried

Government officials who are responsible for making policy

decisions.

(4) Any person employed under this subsection is exempted, with

respect to such employment, from the operation of sections 281,

283, 284, 434, and 1914 (!1) of title 18, United States Code, and

section 190 (!1) of the Revised Statutes (5 U.S.C. 99), except that

-

(i) exemption hereunder shall not extend to the negotiation or

execution, by such appointee, of Government contracts with the

private employer of such appointee or with any corporation, joint

stock company, association, firm, partnership, or other entity in

the pecuniary profits or contracts of which the appointee has any

direct or indirect interest;

(ii) exemption hereunder shall not extend to making any

recommendation or taking any action with respect to individual

applications to the Government for relief or assistance, on

appeal or otherwise, made by the private employer of the

appointee or by any corporation, joint stock company,

association, firm, partnership, or other entity in the pecuniary

profits or contracts of which the appointee has any direct or

indirect interest;

(iii) exemption hereunder shall not extend to the prosecution

by the appointee, or participation by the appointee in any

fashion in the prosecution, of any claims against the Government

involving any matter concerning which the appointee had any

responsibility during his employment under this subsection,

during the period of such employment and the further period of

two years after the termination of such employment; and

(iv) exemption hereunder shall not extend to the receipt or

payment of salary in connection with the appointee's Government

service hereunder from any source other than the private employer

of the appointee at the time of his appointment hereunder.

(5) Appointments under this subsection shall be supported by

written certification by the head of the employing department or

agency -

(i) that the appointment is necessary and appropriate in order

to carry out the provisions of the Act [sections 2061 to 2171 of

this Appendix];

(ii) that the duties of the position to which the appointment

is being made require outstanding experience and ability;

(iii) that the appointee has the outstanding experience and

ability required by the position; and

(iv) that the department or agency head has been unable to

obtain a person with the qualifications necessary for the

position on a full-time, salaried basis.

(6) Notice and financial disclosure requirements. -

(A) Public notice of appointment. - The head of any department

or agency who appoints any individual under this subsection shall

publish a notice of such appointment in the Federal Register,

including the name of the appointee, the employing department or

agency, the title of the appointee's position, and the name of

the appointee's private employer.

(B) Financial disclosure. - Any individual appointed under this

subsection who is not required to file a financial disclosure

report pursuant to section 101 of the Ethics in Government Act of

1978, shall file a confidential financial disclosure report

pursuant to section 107 of that Act with the appointing

department or agency.

(7) At least once every three months the Director of the Office

of Personnel Management shall survey appointments made under this

subsection and shall report his or her findings to the President

and make such recommendations as he or she may deem proper.

(8) Persons appointed under the authority of this subsection may

be allowed reimbursement for travel, subsistence, and other

necessary expenses incurred by them in carrying out the functions

for which they were appointed in the same manner as persons

employed intermittently in the Federal Government are allowed

expenses under section 5703 of title 5, United States Code.

(c) The President is authorized, to the extent he deems it

necessary and appropriate in order to carry out the provisions of

this Act [sections 2061 to 2171 of this Appendix] to employ experts

and consultants or organizations thereof as authorized by section

55a (!2) of title 5 of the United States Code [5 U.S.C. 3109].

Individuals so employed may be compensated at rates not in excess

of $50 per diem and while away from their homes or regular places

of business they may be allowed transportation and not to exceed

$15 per diem in lieu of subsistence and other expenses while so

employed. The President is authorized to provide by regulation for

the exemption of such persons from the operation of sections 281,

283, 284, 434, and 1914 (!2) of title 18 of the United States Code

and section 190 (!2) of the Revised Statutes (5 U.S.C. 99).

(d) The President may utilize the services of Federal, State, and

local agencies and may utilize and establish such regional, local,

or other agencies, and utilize such voluntary and uncompensated

services, as may from time to time be needed; and he is authorized

to provide by regulation for the exemption of persons whose

services are utilized under this subsection from the operation of

sections 281, 283, 284, 434, and 1914 (!2) of title 18 of the

United States Code and section 190 (!2) of the Revised Statutes (5

U.S.C. 99).

(e) The President is further authorized to provide for the

establishment and training of a nucleus executive reserve for

employment in executive positions in Government during periods of

emergency. Members of this executive reserve who are not full-time

Government employees may be allowed transportation and per diem in

lieu of subsistence, in accordance with title 5 of the United

States Code (with respect to individuals serving without pay, while

away from their homes or regular places of business), for the

purpose of participating in the executive reserve training program.

The President is authorized to provide by regulation for the

exemption of such persons who are not full-time Government

employees from the operation of sections 281, 283, 284, 434, and

1914 (!2) of title 18 of the United States Code and section 190

(!2) of the Revised Statutes (5 U.S.C. 99).

(f) Whoever, being an officer or employee of the United States or

any department or agency thereof (including any Member of the

Senate or House of Representatives), receives, by virtue of his

office or employment, confidential information, and (1) uses such

information in speculating directly or indirectly on any commodity

exchange, or (2) discloses such information for the purpose of

aiding any other person so to speculate, shall be fined not more

than $10,000 or imprisoned not more than one year, or both. As used

in this section, the term "speculate" shall not include a

legitimate hedging transaction, or a purchase or sale which is

accompanied by actual delivery of the commodity.

(g) The President, when he deems such action necessary, may make

provision for the printing and distribution of reports, in such

number and in such manner as he deems appropriate, concerning the

actions taken to carry out the objectives of this Act [sections

2061 to 2171 of this Appendix].

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 710, 64 Stat. 819; July

31, 1951, ch. 275, title I, Sec. 109(f), 65 Stat. 139; June 28,

1955, ch. 189, Sec. 12(c)(1), 69 Stat. 180; Aug. 9, 1955, ch. 655,

Secs. 7, 8, 69 Stat. 582, 583; Pub. L. 94-152, Sec. 5, Dec. 16,

1975, 89 Stat. 820; Pub. L. 102-558, title I, Sec. 143, Oct. 28,

1992, 106 Stat. 4217.)

-STATAMEND-

ANNUAL SUBMISSION OF REPORTS

Pub. L. 89-348, Sec. 2(11), Nov. 8, 1965, 79 Stat. 1313, modified

the provisions of subsection (b)(7) of this section to require

annual instead of quarterly submission of the report to the

Congress.

-REFTEXT-

REFERENCES IN TEXT

Sections 281 and 283 of title 18, referred to in subsecs. (b)(4),

(c), (d), and (e), were repealed by Pub. L. 87-849, Sec. 2, Oct.

23, 1962, 76 Stat. 1126, except as they may apply to retired

officers of the armed forces of the United States, and were

supplanted by sections 203 and 205 of Title 18, Crimes and Criminal

Procedure. For further details, see Exemptions note set out under

section 203 of Title 18.

Sections 284, 434, and 1914 of title 18, referred to in subsecs.

(b)(4), (c), (d), and (e), were repealed by Pub. L. 87-849, Sec. 2,

Oct. 23, 1962, 76 Stat. 1126, and were supplanted by sections 207,

208, and 209, respectively, of Title 18.

Section 190 of the Revised Statutes (5 U.S.C. 99), referred to in

subsecs. (b)(4), (c), (d), and (e), was repealed by Pub. L. 87-849,

Sec. 3, Oct. 23, 1962, 76 Stat. 1126. See section 207 of Title 18.

Sections 101 and 107 of the Ethics in Governments Act of 1978,

referred to in subsec. (b)(6)(B), are sections 101 and 107 of Pub.

L. 95-521, which are set out in the Appendix to Title 5, Government

Organization and Employees.

Section 55a of title 5, referred to in subsec. (c), which was

based on section 15 of act Aug. 2, 1946, ch. 744, 60 Stat. 810, was

repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632,

and reenacted by the first section thereof as section 3109 of Title

5.

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(6). Pub. L. 102-558, Sec. 143(a), amended par.

(6) generally. Prior to amendment, par. (6) read as follows: "The

heads of the departments or agencies making appointments under this

subsection shall file with the Division of the Federal Register for

publication in the Federal Register a statement including the name

of the appointee, the employing department or agency, the title of

his position, and the name of his private employer, and the

appointee shall file with such Division for publication in the

Federal Register a statement listing the names of any corporations

of which he is an officer or director or within sixty days

preceding his appointment has been an officer or director, or in

which he owns, or within sixty days preceding his appointment has

owned, any stocks, bonds, or other financial interests, and the

names of any partnerships in which he is, or was within sixty days

preceding his appointment, a partner, and the names of any other

businesses in which he owns, or within such sixty-day period has

owned, any similar interest. At the end of each succeeding

six-month period, the appointee shall file with such Division for

publication in the Federal Register a statement showing any changes

in such interests during such period."

Subsec. (b)(7). Pub. L. 102-558, Sec. 143(b)(1), substituted

"Director of the Office of Personnel Management" for "Chairman of

the United States Civil Service Commission" and "his or her

findings" for "his findings", struck out "and the Joint Committee

on Defense Production" after "to the President", and substituted

"he or she may" for "he may".

Subsec. (b)(8). Pub. L. 102-558, Sec. 143(b)(2), substituted

"reimbursement for travel, subsistence, and other necessary

expenses incurred by them in carrying out the functions for which

they were appointed in the same manner as persons employed

intermittently in the Federal Government are allowed expenses under

section 5703 of title 5, United States Code" for "transportation

and not to exceed $15 per diem in lieu of subsistence while away

from their homes or regular places of business pursuant to such

appointment".

1975 - Subsec. (e). Pub. L. 94-152 substituted provisions

authorizing per diem in lieu of subsistence in accordance with

provisions of title 5 of the United States Code with respect to

individuals serving without pay while away from their homes or

regular places of business, for provisions authorizing $15 per diem

in lieu of subsistence.

1955 - Subsec. (a). Act June 28, 1955, repealed subsec. (a) which

authorized President to place positions and employ persons

temporarily in grades 16, 17, and 18 of the General Schedule

established by Classification Act of 1949.

Subsec. (b). Act Aug. 9, 1955, Sec. 7, imposed additional

restrictions on employment of persons without compensation by

establishing guides to be used by President, requiring written

certification, publication of statements, and a survey of

appointments.

Subsecs. (e) to (g). Act Aug. 9, 1955, Sec. 8, added subsec. (e)

and redesignated former subsecs. (e) and (f) as (f) and (g),

respectively.

1951 - Subsec. (f). Act July 31, 1951, added subsec. (f).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-152 effective at close of Nov. 30, 1975,

see section 9 of Pub. L. 94-152, as amended, set out as a note

under section 2158 of this Appendix.

EFFECTIVE DATE OF 1955 AMENDMENTS

Amendment by act Aug. 9, 1955, effective as of close of July 31,

1955, see section 11 of act Aug. 9, 1955, set out as a note under

section 2062 of this Appendix.

Amendment by act June 28, 1955, effective June 28, 1955, see

section 13(b) of act June 28, 1955.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], 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 under section 761 of Title 15,

Commerce and Trade.

The head of each department or agency assigned functions under

Ex. Ord. No. 12919 (relating to national defense industrial

resources preparedness) delegated authority under subsecs. (b) and

(c) of this section to employ persons of outstanding experience and

ability without compensation and to employ experts, consultants, or

organizations, with authority so delegated not to be redelegated,

pursuant to section 602 of Ex. Ord. No. 12919, June 3, 1994, 59

F.R. 29525, set out as a note under section 2153 of this Appendix.

-EXEC-

EXECUTIVE ORDER NO. 10182

Ex. Ord. No. 10182, Nov. 21, 1950, 15 F.R. 8013, as amended by

Ex. Ord. No. 10205, Jan. 16, 1951, 16 F.R. 419, which provided for

appointments and exemptions, was revoked by Ex. Ord. No. 10647,

Nov. 28, 1955, 20 F.R. 8769, formerly set out below.

EXECUTIVE ORDER NO. 10647

Ex. Ord. No. 10647, Nov. 28, 1955, 20 F.R. 8769, as amended by

Ex. Ord. No. 11355, May 26, 1967, 32 F.R. 7803; Ex. Ord. No. 12107,

Dec. 28, 1978, 44 F.R. 1055, which delegated authority to make

appointments, was revoked by section 904(a)(4) of Ex. Ord. No.

12919, June 3, 1994, 59 F.R. 29533, set out as a note under section

2153 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 2386, 2581.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 2161 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2161. Authorization of appropriations; availability of funds

-STATUTE-

(a) Authorization

Except as provided in subsection (b), there are hereby

authorized to be appropriated such sums as may be necessary and

appropriate for the carrying out of the provisions and purposes

of this Act [sections 2061 to 2171 of this Appendix] (including

sections 302 and 303 [sections 2092 and 2093 of this Appendix],

but excluding sections 305 and 306 [sections 2095 and 2096 of

this Appendix]) by the President and such agencies as he may

designate or create. Funds made available pursuant to this

paragraph for the purposes of this Act [said sections] may be

allocated or transferred for any of the purposes of this Act

[said sections], with the approval of the Office of Management

and Budget, to any agency designated to assist in carrying out

this Act [said sections]. Funds so allocated or transferred shall

remain available for such period as may be specified in the Acts

making such funds available.

(b) Title III authorization

There are authorized to be appropriated for each of fiscal years

1996 through 2003, such sums as may be necessary to carry out title

III [sections 2091 to 2099a of this Appendix].

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 711, 64 Stat. 820; Pub. L.

93-426, Sec. 3, Sept. 30, 1974, 88 Stat. 1167; Pub. L. 96-294,

title I, Sec. 105(a), June 30, 1980, 94 Stat. 632; Pub. L. 98-265,

Sec. 5, Apr. 17, 1984, 98 Stat. 151; Pub. L. 99-441, Sec. 3, Oct.

3, 1986, 100 Stat. 1117; Pub. L. 101-137, Sec. 9(b), Nov. 3, 1989,

103 Stat. 826; Pub. L. 102-99, Sec. 3, Aug. 17, 1991, 105 Stat.

487; Pub. L. 102-558, title I, Secs. 144, 152, 161, Oct. 28, 1992,

106 Stat. 4218, 4219; Pub. L. 104-64, Sec. 3, Dec. 18, 1995, 109

Stat. 689; Pub. L. 105-261, div. A, title X, Sec. 1072(b), Oct. 17,

1998, 112 Stat. 2137; Pub. L. 106-65, div. A, title X, Sec.

1063(b), Oct. 5, 1999, 113 Stat. 769; Pub. L. 106-363, Sec. 2, Oct.

27, 2000, 114 Stat. 1407; Pub. L. 107-47, Sec. 3, Oct. 5, 2001, 115

Stat. 260.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-47 substituted "2003" for "2001".

2000 - Subsec. (b). Pub. L. 106-363 substituted "2001" for

"2000".

1999 - Subsec. (b). Pub. L. 106-65 substituted "fiscal years 1996

through 2000" for "the fiscal years 1996, 1997, 1998, and 1999".

1998 - Subsec. (b). Pub. L. 105-261 substituted "1998, and 1999"

for "and 1998".

1995 - Subsec. (a). Pub. L. 104-64, Sec. 3(1), struck out

paragraph designation "(1)" and former par. (1) heading "In

general" and in text substituted "Except as provided in subsection

(b)," for "Except as provided in subsection (c),".

Subsecs. (b) to (d). Pub. L. 104-64, Sec. 3(2), added subsec. (b)

and struck out former subsec. (b) which authorized appropriations

to carry out provisions of section 2095(k)(2) of this Appendix,

former subsec. (c) which authorized appropriations for fiscal year

1991 to carry out provisions of sections 2091 to 2093 of this

Appendix, and former subsec. (d) which authorized appropriations

for fiscal years 1993, 1994, and 1995 to carry out sections 2091 to

2099a of this Appendix.

1992 - Subsec. (a). Pub. L. 102-558, Sec. 152(2)(A), inserted

heading.

Subsec. (a)(1). Pub. L. 102-558, Sec. 152(2)(A), (B), inserted

par. heading, substituted "Except as provided in subsection (c),"

for "Except as provided in paragraph (2) and paragraph (4)", and

struck out "and for payment of interest under subsection (b) of

this section" after "sections 302 and 303".

Pub. L. 102-558, Sec. 144, substituted "Office of Management and

Budget" for "Bureau of the Budget".

Subsec. (a)(2). Pub. L. 102-558, Sec. 152(2)(C), struck out par.

(2) which read as follows:

"(A) There are hereby authorized to be appropriated without

fiscal year limitation not to exceed $3,000,000,000 to carry out

the provisions of section 305 until the date on which the authority

of the President under such section ceases to be effective in

accordance with section 305(k)(1). Subject to subparagraphs (B) and

(C), all such funds shall remain available until expended.

"(B) Such funds may be expended to carry out section 305 after

such date only if such funds were obligated by the President before

such date, or are required to be retained as a reserve against a

contingent obligation incurred before such date.

"(C) Any sums appropriated pursuant to this paragraph which have

not been expended or obligated pursuant to subparagraph (B) as of

the date determined under section 305(k)(1) or are not required to

be retained as a reserve against a contingent obligation as

specified in subparagraph (B), shall be transferred to the Energy

Security Reserve and made available to the Secretary of the

Treasury for the United States Synthetic Fuels Corporation pursuant

to section 195 of the United States Synthetic Fuels Corporation Act

of 1980."

Subsec. (a)(3). Pub. L. 102-558, Sec. 152(2)(D), redesignated

par. (3) as subsec. (b). See below.

Subsec. (a)(4). Pub. L. 102-558, Sec. 152(2)(E), redesignated

subpar. (A) as subsec. (c) (see below) and struck out subpar. (B)

which read as follows: "The aggregate amount of loans, guarantees,

purchase agreements, and other actions under sections 301, 302, and

303 during fiscal years 1987, 1988, and 1989 may not exceed

$150,000,000."

Subsec. (b). Pub. L. 102-558, Sec. 152(1), (2)(D), redesignated

par. (3) of subsec. (a) as subsec. (b), inserted heading, struck

out "There are" before "hereby", and struck out former subsec. (b)

which read as follows: "Interest shall accrue on (1) the cumulative

amount of disbursements to carry out the purposes of sections 302

and 303 (except for storage maintenance, and other operating and

administrative expenses), plus any unpaid accrued interest, less

the cumulative amount of any funds received on transactions entered

into pursuant to sections 302 and 303 and any net losses incurred

by an agency in carrying out its functions under sections 302 and

303 when the head of the agency determines that such net losses

have occurred; and (2) the current market value of the inventory of

materials procured under section 303 as of the first day of each

fiscal year commencing with the fiscal year beginning July 1, 1975.

At the close of each fiscal year there shall be deposited into the

Treasury as miscellaneous receipts, from any amounts appropriated

under this section, an amount which the Secretary of the Treasury

determines necessary to provide for the payment of any interest

accrued and unpaid under this subsection. The rate of interest

shall be determined by the Secretary of the Treasury, taking into

consideration the average market yield during the month preceding

each fiscal year on outstanding marketable obligations of the

United States with one year remaining to maturity."

Subsec. (c). Pub. L. 102-558, Sec. 152(2)(E), redesignated

subpar. (A) of par. (4) of subsec. (a) as subsec. (c) and inserted

heading.

Subsec. (d). Pub. L. 102-558, Sec. 161, added subsec. (d).

1991 - Subsec. (a)(4). Pub. L. 102-99 amended par. (4) generally.

Prior to amendment, par. (4) read as follows:

"(4)(A) There are authorized to be appropriated for fiscal year

1990, not to exceed $50,000,000 to carry out the provisions of

section 303.

"(B) The aggregate amount of loans, guarantees, purchase

agreements, and other actions under sections 301, 302, and 303

during fiscal year 1990 may not exceed $50,000,000."

1989 - Subsec. (a)(4). Pub. L. 101-137 amended par. (4)

generally. Prior to amendment, par. (4) read as follows:

"(A) There are authorized to be appropriated for fiscal years

1987, 1988, and 1989 not to exceed $150,000,000 to carry out the

provisions of section 303, except that not more than $30,000,000 is

authorized to be appropriated for fiscal year 1987.

"(B) The aggregate amount of loans, guarantees, purchase

agreements, and other actions under sections 301, 302, and 303

during fiscal years 1987, 1988, and 1989 may not exceed

$150,000,000."

1986 - Subsec. (a)(4). Pub. L. 99-441 amended par. (4) generally.

Prior to amendment, par. (4) read as follows:

"(A) There are authorized to be appropriated to carry out the

provisions of section 303 not to exceed $100,000,000 for fiscal

years 1985 and 1986, except that not more than $25,000,000 is

authorized to be appropriated for fiscal year 1985.

"(B) The aggregate amount of loans, guarantees, purchase

agreements, and other actions under sections 301, 302, and 303

during fiscal years 1985 and 1986 may not exceed $100,000,000."

1984 - Subsec. (a)(1), (4). Pub. L. 98-265 inserted "and

paragraph (4)" after "paragraph (2)" in par. (1) and added par.

(4).

1980 - Subsec. (a). Pub. L. 96-294, Sec. 105(a), designated

existing provisions as par. (1), inserted exclusions of sections

305 and 306, reference to funds made available pursuant to this

paragraph, and exception for par. (2), and added pars. (2) and (3).

1974 - Pub. L. 93-426 designated existing provisions as subsec.

(a), inserted reference to sections 302 and 303 of this Appendix,

and added subsec. (b).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-99 effective Oct. 20, 1990, see section

7 of Pub. L. 102-99, set out as a note under section 2071 of this

Appendix.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-294 effective June 30, 1980, see section

107 of Pub. L. 96-294, set out as a note under section 2062 of this

Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under act Sept. 8, 1950 [section 2061 et

seq. of this Appendix], 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2094, 2095, 2166 of this

Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2162 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2162. Repealed. Pub. L. 102-558, title I, Sec. 153, Oct. 28,

1992, 106 Stat. 4219

-MISC1-

Section, acts Sept. 8, 1950, ch. 932, title VII, Sec. 712, 64

Stat. 820; June 30, 1952, ch. 530, title I, Sec. 119, 66 Stat. 306;

Aug. 9, 1955, ch. 655, Sec. 9, 69 Stat. 583; June 29, 1956, ch.

474, Secs. 3, 5, 70 Stat. 408, 409; June 30, 1966, Pub. L. 89-482,

Sec. 2, 80 Stat. 235; July 1, 1968, Pub. L. 90-370, Sec. 2, 82

Stat. 279; Dec. 16, 1975, Pub. L. 94-152, Sec. 6, 89 Stat. 820,

established a Joint Committee on Defense Production.

EFFECTIVE DATE OF REPEAL

Repeal deemed to have become effective Mar. 1, 1992, see section

304 of Pub. L. 102-558, set out as an Effective Date of 1992

Amendment note under section 2062 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2163 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2163. Territorial application of Act

-STATUTE-

The provisions of this Act [sections 2061 to 2171 of this

Appendix] shall be applicable to the United States, its Territories

and possessions, and the District of Columbia.

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 713, 64 Stat. 821.)

-MISC1-

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2166 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2163a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2163a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 656

-MISC1-

Section, act Sept. 8, 1950, ch. 932, title VII, Sec. 714, as

added July 31, 1951, ch. 275, title I, Sec. 110(a) 65 Stat. 139;

amended June 30, 1952, ch. 530, title I, Sec. 121(a) 66 Stat. 306;

June 30, 1953, ch. 171, Sec. 10, 67 Stat. 131, created Small

Defense Plants Administration, and related generally to

encouragement and aid to small-business concerns with respect to

defense production. It terminated at close of July 31, 1953, by

terms of section 2166(a) of this Appendix. For provisions relating

to aid to small business, see section 631 et seq. of Title 15,

Commerce and Trade.

REVOLVING FUND CONTINUATION

Act July 16, 1953, ch. 204, Sec. 1, 67 Stat. 176, provided in

part that the revolving fund established under the Small Defense

Plants Administration was to remain available through July 31,

1953, for payment of obligations and direct costs under contracts

entered into during fiscal year 1953.

-End-

-CITE-

50 USC APPENDIX Sec. 2164 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2164. Separability

-STATUTE-

If any provision of this Act [sections 2061 to 2171 of this

Appendix] or the application of such provision to any person or

circumstances shall be held invalid, the remainder of the Act [said

sections], 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.

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 715, formerly Sec. 714, 64

Stat. 821; renumbered Sec. 715, July 31, 1951, ch. 275, title I,

Sec. 110(b), 65 Stat. 144.)

-MISC1-

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2165 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2165. Repealed. Pub. L. 102-558, title I, Sec. 154, Oct. 28,

1992, 106 Stat. 4219

-MISC1-

Section, acts Sept. 8, 1950, ch. 932, title VII, Sec. 716,

formerly Sec. 715, 64 Stat. 821; renumbered Sec. 716, July 31,

1951, ch. 275, title I, Sec. 110(b), 65 Stat. 144, related to

persons disqualified from employment and penalties.

EFFECTIVE DATE OF REPEAL

Repeal deemed to have become effective Mar. 1, 1992, see section

304 of Pub. L. 102-558, set out as an Effective Date of 1992

Amendment note under section 2062 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2166 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2166. Termination of Act

-STATUTE-

(a) Title I [sections 2071 to 2078 of this Appendix] (except

section 104),(!1) title III [sections 2091 to 2099a of this

Appendix], and title VII [sections 2151 to 2171 of this Appendix]

(except sections 708 and 721 [sections 2158 and 2170 of this

Appendix]), and all authority conferred thereunder, shall terminate

at the close of September 30, 2003: Provided, That all authority

hereby or hereafter extended under title III of this Act [sections

2091 to 2099 of this Appendix] shall be effective for any fiscal

year only to such extent or in such amounts as are provided in

advance in appropriation Acts. Section 714 of this Act [section

2163a of this Appendix], and all authority conferred thereunder,

shall terminate at the close of July 31, 1953. Section 104,(!1) and

title II [section 2081 of this Appendix], and title VI [sections

2131 to 2137 of this Appendix] of this Act, and all authority

conferred thereunder, shall terminate at the close of June 30,

1953. Title IV [sections 2101 to 2112 of this Appendix] and V

[sections 2121 to 2123 of this Appendix] of this Act, and all

authority conferred thereunder, shall terminate at the close of

April 30, 1953.

(b) Notwithstanding the foregoing -

(1) The Congress by concurrent resolution or the President by

proclamation may terminate this Act [sections 2061 to 2171 of

this Appendix] prior to the termination otherwise provided

therefor.

(2) The Congress may also provide by concurrent resolution that

any section of this Act [said sections] and all authority

conferred thereunder shall terminate prior to the termination

otherwise provided therefor.

(3) Any agency created under this Act [said sections] may be

continued in existence for purposes of liquidation for not to

exceed six months after the termination of the provision

authorizing the creation of such agency.

(c) The termination of any section of this Act [sections 2061 to

2171 of this Appendix], or of any agency or corporation utilized

under this Act [said sections], shall not affect the disbursement

of funds under, or the carrying out of, any contract, guarantee,

commitment or other obligation entered into pursuant to this Act

[said sections] prior to the date of such termination, or the

taking of any action necessary to preserve or protect the interests

of the United States in any amounts advanced or paid out in

carrying on operations under this Act [said sections], or the

taking of any action (including the making of new guarantees)

deemed by a guaranteeing agency to be necessary to accomplish the

orderly liquidation, adjustment or settlement of any loans

guaranteed under this Act [said sections], including actions deemed

necessary to avoid undue hardship to borrowers in reconverting to

normal civilian production; and all of the authority granted to the

President, guaranteeing agencies, and fiscal agents, under section

301 of this Act [section 2091 of this Appendix] shall be applicable

to actions taken pursuant to the authority contained in this

subsection.

Notwithstanding any other provision of this Act [sections 2061 to

2171 of this Appendix], the termination of title VI [sections 2132

to 2137 of this Appendix] or any section thereof shall not be

construed as affecting any obligation, condition, liability, or

restriction arising out of any agreement heretofore entered into

pursuant to, or under the authority of, section 602 or section 605

of this Act [section 2132 or 2135 of this Appendix], or any

issuance thereunder, by any person or corporation and the Federal

Government or any agency thereof relating to the provision of

housing for defense workers or military personnel in an area

designated as a critical defense housing area pursuant to law.

(d) No action for the recovery of any cooperative payment made to

a cooperative association by a Market Administrator under an

invalid provision of a milk marketing order issued by the Secretary

of Agriculture pursuant to the Agricultural Marketing Agreement Act

of 1937 [7 U.S.C. 671 et seq.] shall be maintained unless such

action is brought by producers specifically named as party

plaintiffs to recover their respective share of such payments

within ninety days after the date of enactment of the Defense

Production Act Amendments of 1952 [June 30, 1952] with respect to

any cause of action heretofore accrued and not otherwise barred, or

within ninety days after accrual with respect to future payments,

and unless each claimant shall allege and prove (1) that he

objected at the hearing to the provisions of the order under which

such payments were made and (2) that he either refused to accept

payments computed with such deduction or accepted them under

protest to either the Secretary or the Administrator. The district

courts of the United States shall have exclusive original

jurisdiction of all such actions regardless of the amount involved.

This subsection shall not apply to funds held in escrow pursuant to

court order. Notwithstanding any other provision of this Act

[sections 2061 to 2171 of this Appendix], no termination date shall

be applicable to this subsection.

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 717, formerly Sec. 716, 64

Stat. 822; June 30, 1951, ch. 198, Sec. 1, 65 Stat. 110; renumbered

Sec. 717, July 31, 1951, ch. 275, title I, Secs. 110(b), 111, 65

Stat. 144; June 30, 1952, ch. 530, title I, Secs. 120, 121(b), 66

Stat. 306; June 30, 1953, ch. 170, Sec. 20, 67 Stat. 126; June 30,

1953, ch. 171, Secs. 11, 12, 67 Stat. 131; June 30, 1955, ch. 251,

Sec. 5, 69 Stat. 225; Aug. 9, 1955, ch. 655, Sec. 10, 69 Stat. 583;

June 29, 1956, ch. 474, Sec. 1, 70 Stat. 408; Pub. L. 85-471, June

28, 1958, 72 Stat. 241; Pub. L. 86-560, Sec. 1, June 30, 1960, 74

Stat. 282; Pub. L. 87-505, June 28, 1962, 76 Stat. 112; Pub. L.

88-343, Sec. 1, June 30, 1964, 78 Stat. 235; Pub. L. 89-482, Sec.

1, June 30, 1966, 80 Stat. 235; Pub. L. 90-370, Sec. 1, July 1,

1968, 82 Stat. 279; Pub. L. 91-300, June 30, 1970, 84 Stat. 367;

Pub. L. 91-371, Aug. 1, 1970, 84 Stat. 694; Pub. L. 91-379, title

I, Sec. 101, Aug. 15, 1970, 84 Stat. 796; Pub. L. 92-15, Sec. 2,

May 18, 1971, 85 Stat. 38; Pub. L. 92-325, Sec. 2, June 30, 1972,

86 Stat. 390; Pub. L. 93-323, June 30, 1974, 88 Stat. 280; Pub. L.

93-367, Aug. 7, 1974, 88 Stat. 419; Pub. L. 93-426, Sec. 4, Sept.

30, 1974, 88 Stat. 1167; Pub. L. 94-42, Sec. 1, June 28, 1975, 89

Stat. 232; Pub. L. 94-100, Sec. 1, Oct. 1, 1975, 89 Stat. 483; Pub.

L. 94-152, Sec. 2, Dec. 16, 1975, 89 Stat. 810; Pub. L. 95-37, Sec.

2, June 1, 1977, 91 Stat. 178; Pub. L. 96-77, Sept. 29, 1979, 93

Stat. 588; Pub. L. 96-188, Jan. 28, 1980, 94 Stat. 3; Pub. L.

96-225, Apr. 3, 1980, 94 Stat. 310; Pub. L. 96-250, May 26, 1980,

94 Stat. 371; Pub. L. 96-294, title I, Sec. 105(b), June 30, 1980,

94 Stat. 633; Pub. L. 97-47, Sec. 1, Sept. 30, 1981, 95 Stat. 954;

Pub. L. 97-336, Oct. 15, 1982, 96 Stat. 1630; Pub. L. 98-12, Mar.

29, 1983, 97 Stat. 53; Pub. L. 98-181, title VII, Sec. 703, Nov.

30, 1983, 97 Stat. 1267; Pub. L. 98-265, Sec. 2, Apr. 17, 1984, 98

Stat. 149; Pub. L. 99-441, Sec. 2, Oct. 3, 1986, 100 Stat. 1117;

Pub. L. 101-137, Sec. 9(a), Nov. 3, 1989, 103 Stat. 826; Pub. L.

101-351, Sec. 1, Aug. 9, 1990, 104 Stat. 404; Pub. L. 101-407, Sec.

1, Oct. 4, 1990, 104 Stat. 882; Pub. L. 101-411, Sec. 1, Oct. 6,

1990, 104 Stat. 893; Pub. L. 102-99, Secs. 2, 8, Aug. 17, 1991, 105

Stat. 487, 490; Pub. L. 102-193, Sec. 1, Dec. 6, 1991, 105 Stat.

1593; Pub. L. 102-558, title I, Sec. 162, Oct. 28, 1992, 106 Stat.

4219; Pub. L. 104-64, Sec. 2, Dec. 18, 1995, 109 Stat. 689; Pub. L.

105-261, div. A, title X, Sec. 1072(a), Oct. 17, 1998, 112 Stat.

2137; Pub. L. 106-65, div. A, title X, Sec. 1063(a), Oct. 5, 1999,

113 Stat. 769; Pub. L. 106-363, Sec. 1, Oct. 27, 2000, 114 Stat.

1407; Pub. L. 107-47, Sec. 2, Oct. 5, 2001, 115 Stat. 260.)

-REFTEXT-

REFERENCES IN TEXT

Section 104 of this Act, referred to in subsec. (a), was

classified to section 2074 of this Appendix and terminated June 30,

1953, by terms of subsec. (a) of this section. A new section 104

was added by act Oct. 28, 1992, Pub. L. 102-558, title I, Sec. 112,

106 Stat. 4202, and is classified to section 2074 of this Appendix.

The Agricultural Marketing Agreement Act of 1937, referred to in

subsec. (d), is act June 3, 1937, ch. 296, 50 Stat. 246, as

amended, which is classified principally to chapter 26A (Sec. 671

et seq.) of Title 7, Agriculture. For complete classification of

this Act to the Code, see section 674 of Title 7 and Tables.

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-47 substituted "September 30,

2003" for "September 30, 2001".

2000 - Subsec. (a). Pub. L. 106-363 substituted "September 30,

2001" for "September 30, 2000".

1999 - Subsec. (a). Pub. L. 106-65 substituted "September 30,

2000" for "September 30, 1999".

1998 - Subsec. (a). Pub. L. 105-261 substituted "September 30,

1999" for "September 30, 1998".

1995 - Subsec. (a). Pub. L. 104-64, which directed substitution

in first sentence of "Title I (except section 104), title III, and

title VII (except sections 708 and 721), and all authority

conferred thereunder, shall terminate at the close of September 30,

1998" for "Title I (except section 104), title III, and title VII

(except sections 708, 714, 719, and 721) of this Act, and all

authority conferred thereunder shall terminate at the close of

September 30, 1995" was executed by making the substitution for

text which included comma after "thereunder", to reflect the

probable intent of Congress.

1992 - Subsec. (a). Pub. L. 102-558 substituted "September 30,

1995" for "March 1, 1992".

1991 - Subsec. (a). Pub. L. 102-193 substituted "March 1, 1992"

for "September 30, 1991".

Pub. L. 102-99 substituted "September 30, 1991" for "October 20,

1990" and "sections 708, 714, 719, and 721" for "sections 708, 714,

and 719".

1990 - Subsec. (a). Pub. L. 101-411 extended termination date

from Oct. 5, 1990, to Oct. 20, 1990.

Pub. L. 101-407 extended termination date from Sept. 30, 1990, to

Oct. 5, 1990.

Pub. L. 101-351 extended termination date from Aug. 10, 1990, to

Sept. 30, 1990.

1989 - Subsec. (a). Pub. L. 101-137 extended termination date

from Sept. 30, 1989, to Aug. 10, 1990.

1986 - Subsec. (a). Pub. L. 99-441 extended termination date from

Sept. 30, 1986, to Sept. 30, 1989.

1984 - Subsec. (a). Pub. L. 98-265 extended termination date from

Mar. 30, 1984, to Sept. 30, 1986.

1983 - Subsec. (a). Pub. L. 98-181 extended termination date from

Sept. 30, 1983, to Mar. 30, 1984.

Pub. L. 98-12 extended termination date from Mar. 31, 1983, to

Sept. 30, 1983.

1982 - Pub. L. 97-336 extended termination date from Sept. 30,

1982, to Mar. 31, 1983.

1981 - Subsec. (a). Pub. L. 97-47 extended termination date from

Sept. 30, 1981, to Sept. 30, 1982.

1980 - Subsec. (a). Pub. L. 96-294 extended termination date from

Aug. 27, 1981, to Sept. 30, 1981.

Pub. L. 96-250 extended termination date from May 27, 1980, to

Aug. 27, 1980.

Pub. L. 96-225 extended termination date from Mar. 28, 1980, to

May 27, 1980.

Pub. L. 96-188 extended termination date from Jan. 28, 1980, to

Mar. 28, 1980.

1979 - Subsec. (a). Pub. L. 96-77 extended termination date from

Sept. 30, 1979, to Jan. 28, 1980.

1977 - Subsec. (a). Pub. L. 95-37 extended termination date from

Sept. 30, 1977, to Sept. 30, 1979.

1975 - Subsec. (a). Pub. L. 94-152 extended termination date from

Nov. 30, 1975, to Sept. 30, 1977, and inserted proviso that all

authority now or subsequently extended under Title III of this Act

[sections 2091 to 2094 of this Appendix] shall be effective for any

fiscal year only to such extent and amounts as are provided for in

advance in appropriation Acts.

Pub. L. 94-100 extended termination date from Sept. 30, 1975, to

Nov. 30, 1975.

Pub. L. 94-42 extended termination date from June 30, 1975, to

Sept. 30, 1975.

1974 - Subsec. (a). Pub. L. 93-426 extended termination date from

June 30, 1974, to June 30, 1975.

Pub. L. 93-367 extended termination date from July 30, 1974, to

Sept. 30, 1974.

Pub. L. 93-323 extended termination date from June 30, 1974, to

July 30, 1974.

1972 - Subsec. (a). Pub. L. 92-325 substituted "June 30, 1974"

for "June 30, 1972".

1971 - Subsec. (a). Pub. L. 92-15 inserted parenthetical

reference to section "708".

1970 - Subsec. (a). Pub. L. 91-379 substituted "June 30, 1972"

for "August 15, 1970" and "sections 714 and 719" for "section 714".

Pub. L. 91-371 extended termination date from July 30, 1970, to

Aug. 15, 1970.

Pub. L. 91-300 extended termination date from June 30, 1970, to

July 30, 1970.

1968 - Subsec. (a). Pub. L. 90-370 extended termination date from

June 30, 1968, to June 30, 1970.

1966 - Subsec. (a). Pub. L. 89-482 extended termination date from

June 30, 1966, to June 30, 1968.

1964 - Subsec. (a). Pub. L. 88-343 extended termination date from

June 30, 1964, to June 30, 1966.

1962 - Subsec. (a). Pub. L. 87-505 extended termination date from

June 30, 1962, to June 30, 1964.

1960 - Subsec. (a). Pub. L. 86-560 extended termination date from

June 30, 1960, to June 30, 1962.

1958 - Subsec. (a). Pub. L. 85-471 extended termination date from

June 30, 1958, to June 30, 1960.

1956 - Subsec. (a). Act June 29, 1956, extended termination date

from June 30, 1956, to June 30, 1958.

1955 - Subsec. (a). Act Aug. 9, 1955, extended termination date

from July 31, 1955, to June 30, 1956.

Act June 30, 1955, extended termination date from June 30, 1955,

to July 31, 1955.

1953 - Subsec. (a). Act June 30, 1953, ch. 171, Sec. 11, changed

termination dates as follows: (1) Title I except section 2074 of

this Appendix, from June 30, 1953, to June 30, 1955; (2) Title III,

from June 30, 1953, to June 30, 1955; Title VII (except section

2163a of this Appendix), from June 30, 1953 to June 30, 1955.

Subsec. (c). Act June 30, 1953, ch. 171, Sec. 12, inserted "or

the taking of any action (including the making of new guarantees)

deemed by a guaranteeing agency to be necessary to accomplish the

orderly liquidation, adjustment or settlement of any loans

guaranteed under this Act, including actions deemed necessary to

avoid undue hardship to borrowers in reconverting to normal

civilian production; and all of the authority granted to the

President, guaranteeing agencies, and fiscal agents, under section

301 of this Act shall be applicable to actions taken pursuant to

the authority contained in this subsection".

Act June 30, 1953, ch. 170, added second par.

1952 - Subsec. (a). Act June 30, 1952, Sec. 121(b), extended

termination dates from Apr. 30, 1952, to Apr. 30, 1953, and from

June 30, 1952, to June 30, 1953.

Subsec. (d). Act June 30, 1952, Sec. 120, added subsec. (d).

1951 - Subsec. (a). Acts July 31, 1951, Sec. 111, and June 30,

1951. Act July 31, 1951, struck out subsec. (a) relating to

termination of certain titles of act Sept. 8, 1950, and substituted

present subsec. (a). Act June 30, 1951, extended termination date

from June 30, 1951, to July 31, 1951.

Subsec. (b). Act July 31, 1951, redesignated subsec. (c) as (b)

and struck out former subsec. (b) which related to termination date

of certain titles of act Sept. 8, 1950. Former subsec. (b) was

amended by act June 30, 1951, to extend termination date from June

30, 1951, to July 31, 1951.

Subsecs. (c), (d). Act July 31, 1951, Sec. 111, redesignated

subsec. (d) as (c). Former subsec. (c) redesignated (b).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

EFFECTIVE DATE OF 1991 AMENDMENTS

Section 2 of Pub. L. 102-193 provided that: "This Act [amending

this section] shall take effect on September 30, 1991."

Amendment by Pub. L. 102-99 effective Oct. 20, 1990, see section

7 of Pub. L. 102-99, set out as a note under section 2071 of this

Appendix.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-294 effective June 30, 1980, see section

107 of Pub. L. 96-294, set out as a note under section 2062 of this

Appendix.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-152 effective at close of Nov. 30, 1975,

see section 9 of Pub. L. 94-152, as amended, set out as a note

under section 2158 of this Appendix.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act Aug. 9, 1955, effective as of close of July 31,

1955, see section 11 of act Aug. 9, 1955, set out as a note under

section 2062 of this Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2095, 2096 of this

Appendix.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 2167 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2167. Repealed. Pub. L. 102-558, title I, Sec. 155, Oct. 28,

1992, 106 Stat. 4219

-MISC1-

Section, act Sept. 8, 1950, ch. 932, title VII, Sec. 718, as

added July 1, 1968, Pub. L. 90-370, Sec. 3, 82 Stat. 279,

authorized a feasibility study of application of uniform cost

accounting standards to defense procurement contracts.

EFFECTIVE DATE OF REPEAL

Repeal deemed to have become effective Mar. 1, 1992, see section

304 of Pub. L. 102-558, set out as an Effective Date of 1992

Amendment note under section 2062 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2168 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2168. Repealed. Pub. L. 100-679, Sec. 5(b), Nov. 17, 1988, 102

Stat. 4063

-MISC1-

Section, act Sept. 8, 1950, ch. 932, title VII, Sec. 719, as

added Aug. 15, 1970, Pub. L. 91-379, title I, Sec. 103, 84 Stat.

796; amended Dec. 16, 1975, Pub. L. 94-152, Sec. 7, 89 Stat. 820;

Nov. 8, 1985, Pub. L. 99-145, title IX, Sec. 934(b), 99 Stat. 700;

Nov. 14, 1986, Pub. L. 99-661, div. A, title XIII, Sec. 1342(f),

100 Stat. 3991, related to formation, functions, appointment and

compensation of staff, etc., of Cost Accounting Standards Board.

See section 422 of Title 41, Public Contracts.

-End-

-CITE-

50 USC APPENDIX Sec. 2169 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2169. Repealed. Pub. L. 102-558, title I, Sec. 156, Oct. 28,

1992, 106 Stat. 4219

-MISC1-

Section, act Sept. 8, 1950, ch. 932, title VII, Sec. 720, as

added Sept. 30, 1974, Pub. L. 93-426, Sec. 5, 88 Stat. 1167;

amended Mar. 21, 1975, Pub. L. 94-9, 89 Stat. 15; Aug. 5, 1975,

Pub. L. 94-72, 89 Stat. 399; Dec. 16, 1975, Pub. L. 94-152, Sec. 8,

89 Stat. 820, established a National Commission on Supplies and

Shortages.

EFFECTIVE DATE OF REPEAL

Repeal deemed to have become effective Mar. 1, 1992, see section

304 of Pub. L. 102-558, set out as an Effective Date of 1992

Amendment note under section 2062 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2170 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2170. Authority to review certain mergers, acquisitions, and

takeovers

-STATUTE-

(a) Investigations

The President or the President's designee may make an

investigation to determine the effects on national security of

mergers, acquisitions, and takeovers proposed or pending on or

after the date of enactment of this section [Aug. 23, 1988] by or

with foreign persons which could result in foreign control of

persons engaged in interstate commerce in the United States. If it

is determined that an investigation should be undertaken, it shall

commence no later than 30 days after receipt by the President or

the President's designee of written notification of the proposed or

pending merger, acquisition, or takeover as prescribed by

regulations promulgated pursuant to this section. Such

investigation shall be completed no later than 45 days after such

determination.

(b) Mandatory investigations

The President or the President's designee shall make an

investigation, as described in subsection (a), in any instance in

which an entity controlled by or acting on behalf of a foreign

government seeks to engage in any merger, acquisition, or takeover

which could result in control of a person engaged in interstate

commerce in the United States that could affect the national

security of the United States. Such investigation shall -

(1) commence not later than 30 days after receipt by the

President or the President's designee of written notification of

the proposed or pending merger, acquisition, or takeover, as

prescribed by regulations promulgated pursuant to this section;

and

(2) shall be completed not later than 45 days after its

commencement.

(c) Confidentiality of information

Any information or documentary material filed with the President

or the President's designee pursuant to this section shall be

exempt from disclosure under section 552 of title 5, United States

Code, and no such information or documentary material may be made

public, except as may be relevant to any administrative or judicial

action or proceeding. Nothing in this subsection shall be construed

to prevent disclosure to either House of Congress or to any duly

authorized committee or subcommittee of the Congress.

(d) Action by the President

Subject to subsection (d),(!1) the President may take such action

for such time as the President considers appropriate to suspend or

prohibit any acquisition, merger, or takeover, of a person engaged

in interstate commerce in the United States proposed or pending on

or after the date of enactment of this section [Aug. 23, 1988] by

or with foreign persons so that such control will not threaten to

impair the national security. The President shall announce the

decision to take action pursuant to this subsection not later than

15 days after the investigation described in subsection (a) is

completed. The President may direct the Attorney General to seek

appropriate relief, including divestment relief, in the district

courts of the United States in order to implement and enforce this

section.

(e) Findings of the President

The President may exercise the authority conferred by subsection

(c) (!1) only if the President finds that -

(1) there is credible evidence that leads the President to

believe that the foreign interest exercising control might take

action that threatens to impair the national security, and

(2) provisions of law, other than this section and the

International Emergency Economic Powers Act (50 U.S.C.

1701-1706), do not in the President's judgment provide adequate

and appropriate authority for the President to protect the

national security in the matter before the President.

The provisions of subsection (d) (!1) of this section shall not be

subject to judicial review.

(f) Factors to be considered

For purposes of this section, the President or the President's

designee may, taking into account the requirements of national

security, consider among other factors -

(1) domestic production needed for projected national defense

requirements,

(2) the capability and capacity of domestic industries to meet

national defense requirements, including the availability of

human resources, products, technology, materials, and other

supplies and services,

(3) the control of domestic industries and commercial activity

by foreign citizens as it affects the capability and capacity of

the United States to meet the requirements of national security,

(4) the potential effects of the proposed or pending

transaction on sales of military goods, equipment, or technology

to any country -

(A) identified by the Secretary of State -

(i) under section 6(j) of the Export Administration Act of

1979 [section 2405(j) of this Appendix], as a country that

supports terrorism;

(ii) under section 6(l) of the Export Administration Act of

1979 [section 2405(l) of this Appendix], as a country of

concern regarding missile proliferation; or

(iii) under section 6(m) of the Export Administration Act

of 1979 [section 2405(m) of this Appendix], as a country of

concern regarding the proliferation of chemical and

biological weapons; or

(B) listed under section 309(c) of the Nuclear

Non-Proliferation Act of 1978 [42 U.S.C. 2139a(c)] on the

"Nuclear Non-Proliferation-Special Country List" (15 C.F.R.

Part 778, Supplement No. 4) or any successor list; and

(5) the potential effects of the proposed or pending

transaction on United States international technological

leadership in areas affecting United States national security.

(g) Report to the Congress

The President shall immediately transmit to the Secretary of the

Senate and the Clerk of the House of Representatives a written

report of the President's determination of whether or not to take

action under subsection (d), including a detailed explanation of

the findings made under subsection (e) and the factors considered

under subsection (f). Such report shall be consistent with the

requirements of subsection (c) of this Act.(!2)

(h) Regulations

The President shall direct the issuance of regulations to carry

out this section. Such regulations shall, to the extent possible,

minimize paperwork burdens and shall to the extent possible

coordinate reporting requirements under this section with reporting

requirements under any other provision of Federal law.

(i) Effect on other law

Nothing in this section shall be construed to alter or affect any

existing power, process, regulation, investigation, enforcement

measure, or review provided by any other provision of law.

(j) Technology risk assessments

In any case in which an assessment of the risk of diversion of

defense critical technology is performed by a designee of the

President, a copy of such assessment shall be provided to any other

designee of the President responsible for reviewing or

investigating a merger, acquisition, or takeover under this

section.

(k) Quadrennial report

(1) In general

In order to assist the Congress in its oversight

responsibilities with respect to this section, the President and

such agencies as the President shall designate shall complete and

furnish to the Congress, not later than 1 year after the date of

enactment of this section (!3) and upon the expiration of every 4

years thereafter, a report which -

(A) evaluates whether there is credible evidence of a

coordinated strategy by 1 or more countries or companies to

acquire United States companies involved in research,

development, or production of critical technologies for which

the United States is a leading producer; and

(B) evaluates whether there are industrial espionage

activities directed or directly assisted by foreign governments

against private United States companies aimed at obtaining

commercial secrets related to critical technologies.

(2) "Critical technologies" defined

For the purposes of this subsection, the term "critical

technologies" means technologies identified under title VI of the

National Science and Technology Policy, Organization, and

Priorities Act of 1976 (!3) or other critical technology,

critical components, or critical technology items essential to

national defense identified pursuant to this section.

(3) Release of unclassified study

The report required by this subsection may be classified. An

unclassified version of the report shall be made available to the

public.

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 721, as added Pub. L.

100-418, title V, Sec. 5021, Aug. 23, 1988, 102 Stat. 1425; amended

Pub. L. 102-484, div. A, title VIII, Sec. 837(a)-(c), (e), Oct. 23,

1992, 106 Stat. 2463-2465; Pub. L. 102-558, title I, Sec. 163, Oct.

28, 1992, 106 Stat. 4219; Pub. L. 103-359, title VIII, Sec. 809(d),

Oct. 14, 1994, 108 Stat. 3454.)

-REFTEXT-

REFERENCES IN TEXT

Subsections (c) and (d), referred to in subsecs. (d) and (e),

were redesignated subsecs. (d) and (e), respectively, by Pub. L.

102-484. See 1992 Amendment note below.

The International Emergency Economic Powers Act, referred to in

subsec. (e)(2), is title II of Pub. L. 95-223, Dec. 28, 1977, 91

Stat. 1626, which is classified generally to chapter 35 (Sec. 1701

et seq.) of Title 50, War and National Defense. For complete

classification of this Act to the Code, see Short Title note set

out under section 1701 of Title 50 and Tables.

The date of enactment of this section, referred to in subsec.

(k)(1), probably means the date of enactment of Pub. L. 102-558,

which enacted subsec. (k) of this section and was approved Oct. 28,

1992.

The National Science and Technology Policy, Organization, and

Priorities Act of 1976, referred to in subsec. (k)(2), is Pub. L.

94-282, May 11, 1976, 90 Stat. 459, as amended. Title VI of the Act

was classified generally to subchapter VI (Sec. 6681 et seq.) of

chapter 79 of Title 42, The Public Health and Welfare, and was

omitted from the Code. For complete classification of this Act to

the Code, see Short Title note set out under section 6601 of Title

42 and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (k)(1)(B). Pub. L. 103-359 inserted "or directly

assisted" after "directed".

1992 - Subsecs. (b) to (e). Pub. L. 102-484, Sec. 837(a), added

subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to

(e), respectively. Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 102-484, Sec. 837(a)(1), (b), redesignated

subsec. (e) as (f) and added pars. (4) and (5). Former subsec. (f)

redesignated (g).

Subsec. (g). Pub. L. 102-484, Sec. 837(c), amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: "If the

President determines to take action under subsection (c), the

President shall immediately transmit to the Secretary of the Senate

and the Clerk of the House of Representatives a written report of

the action which the President intends to take, including a

detailed explanation of the findings made under subsection (d)."

Pub. L. 102-484, Sec. 837(a)(1), redesignated subsec. (f) as (g).

Former subsec. (g) redesignated (h).

Subsecs. (h), (i). Pub. L. 102-484, Sec. 837(a)(1), redesignated

subsecs. (g) and (h) as (h) and (i), respectively.

Subsec. (j). Pub. L. 102-484, Sec. 837(e), added subsec. (j).

Subsec. (k). Pub. L. 102-558 added subsec. (k).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-558 deemed to have become effective Mar.

1, 1992, see section 304 of Pub. L. 102-558, set out as a note

under section 2062 of this Appendix.

-EXEC-

INTERIM DIRECTIVE REGARDING DISPOSITION OF CERTAIN MERGERS,

ACQUISITIONS, AND TAKEOVERS

Memorandum of the President of the United States, Oct. 26, 1988,

53 F.R. 43999, provided:

Memorandum for the Secretary of the Treasury

By virtue of the authority vested in me by the Constitution and

statutes of the United States, including without limitation Section

301 of Title 3 of the United States Code, the Defense Production

Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and the

Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100-418,

August 23, 1988) (the "Act") [see Tables for classification], it is

ordered as follows:

Pending the issuance of an Executive order to implement the Act,

the Secretary of the Treasury is hereby designated and empowered to

perform the following-described functions of the President: The

authority vested in the President by Section 721 of the Defense

Production Act of 1950, as amended [this section], relative to

mergers, acquisitions, and takeovers proposed or pending on or

after the date of enactment of the Act [Aug. 23, 1988] by or with

foreign persons which could result in foreign control of persons

engaged in interstate commerce in the United States.

The Secretary of the Treasury shall consult with the Committee on

Foreign investment in the United States, established pursuant to

Executive Order No. 11858 [15 U.S.C. 78b note] and chaired by the

representative of the Secretary of the Treasury, to take such

actions or make such recommendations as requested by the Secretary

of the Treasury.

The delegation provided herein shall terminate, and this interim

directive shall be without any further effect, except as may be

provided in the Executive order implementing the Act, upon the

effective date of such order.

This interim directive shall be published in the Federal

Register.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2166, 2170a of this

Appendix; title 10 section 2537; title 22 section 3103.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "section."

(!3) See References in Text note below.

-End-

-CITE-

50 USC APPENDIX Sec. 2170a 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2170a. Prohibition on purchase of United States defense

contractors by entities controlled by foreign governments

-STATUTE-

(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 721 of the Defense Production Act of 1950 (50 U.S.C. App.

2170).

(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.

-SOURCE-

(Pub. L. 102-484, div. A, title VIII, Sec. 835, Oct. 23, 1992, 106

Stat. 2461.)

-COD-

CODIFICATION

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 sections 2061 to 2171 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2170b 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2170b. Reports on foreign industrial espionage

-STATUTE-

(a) In general

(1) Submission and contents

In order to assist Congress in its oversight functions with

respect to this Act and to improve the awareness of United States

industry of foreign industrial espionage and the ability of such

industry to protect against such espionage, the President shall

submit to Congress a report that describes, as of the time of the

report, the following:

(A) The respective policy functions and operational roles of

the agencies of the executive branch of the Federal Government

in identifying and countering threats to United States industry

of foreign industrial espionage, including the manner in which

such functions and roles are coordinated.

(B) The means by which the Federal Government communicates

information on such threats, and on methods to protect against

such threats, to United States industry in general and to

United States companies known to be targets of foreign

industrial espionage.

(C) The specific measures that are being or could be

undertaken in order to improve the activities referred to in

subparagraphs (A) and (B), including proposals for any

modifications of law necessary to facilitate the undertaking of

such activities.

(D) The threat to United States industry of foreign

industrial espionage and any trends in that threat, including -

(i) the number and identity of the foreign governments

conducting foreign industrial espionage;

(ii) the industrial sectors and types of information and

technology targeted by such espionage; and

(iii) the methods used to conduct such espionage.

(2) Date of submission

The President shall submit the report required under this

subsection not later than six months after the date of the

enactment of this Act [Oct. 14, 1994].

(b) Annual update

(1) Submittal to congressional intelligence committees

Not later each year than the date provided in section 507 of

the National Security Act of 1947 [50 U.S.C. 415b], the President

shall submit to the congressional intelligence committees a

report updating the information referred to in subsection

(a)(1)(D).

(2) Submittal to congressional leadership

Not later than April 14 each year, the President shall submit

to the congressional leadership a report updating the information

referred to in subsection (a)(1)(D).

(3) Definitions

In this subsection:

(A) Congressional intelligence committees

The term "congressional intelligence committees" has the

meaning given that term in section 3 of the National Security

Act of 1947 (50 U.S.C. 401a).

(B) Congressional leadership

The term "congressional leadership" means the Speaker and the

minority leader of the House of Representatives and the

majority leader and the minority leader of the Senate.

(c) Form of reports

To the maximum extent practicable, the reports referred to in

subsections (a) and (b) shall be submitted in an unclassified form,

but may be accompanied by a classified appendix.

(d) Omitted

(e) Definition

For the purposes of this section, "foreign industrial espionage"

means industrial espionage conducted by a foreign government or by

a foreign company with direct assistance of a foreign government

against a private United States company and aimed at obtaining

commercial secrets.

-SOURCE-

(Pub. L. 103-359, title VIII, Sec. 809, Oct. 14, 1994, 108 Stat.

3454; Pub. L. 107-306, title VIII, Sec. 811(b)(5)(A), Nov. 27,

2002, 116 Stat. 2423.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(1), is Pub. L. 103-359, Oct.

14, 1994, 108 Stat. 3423, known as the Intelligence Authorization

Act for Fiscal Year 1995. For complete classification of this Act

to the Code, see Tables.

-COD-

CODIFICATION

Section is comprised of section 809 of Pub. L. 103-359. Subsec.

(d) of section 809 of Pub. L. 103-359 amended section 2170 of this

Appendix.

Section was enacted as part of the Counterintelligence and

Security Enhancements Act of 1994 and also as part of the

Intelligence Authorization Act for Fiscal Year 1995, and not as

part of the Defense Production Act of 1950 which comprises sections

2061 to 2171 of this Appendix.

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-306 added subsec. (b) and struck

out heading and text of former subsec. (b). Text read as follows:

"Not later than one year after the date referred to in paragraph

(2) of subsection (a), and on the expiration of each year

thereafter, the President shall submit to Congress a report

updating the information referred to in paragraph (1)(D) of that

subsection."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 415b of this title.

-End-

-CITE-

50 USC APPENDIX Sec. 2171 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEFENSE PRODUCTION ACT OF 1950

ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798

TITLE VII - GENERAL PROVISIONS

-HEAD-

Sec. 2171. Defense industrial base information system

-STATUTE-

(a) Establishment required

(1) In general

The President, acting through the Secretary of Defense and the

heads of such other Federal agencies as the President may

determine to be appropriate, shall provide for the establishment

of an information system on the domestic defense industrial base

which -

(A) meets the requirements of this section; and

(B) includes a systematic continuous procedure, to collect

and analyze information necessary to evaluate -

(i) the adequacy of domestic industrial capacity to furnish

critical components and critical technology items essential

to the national security of the United States;

(ii) dependence on foreign sources for critical components

and critical technology items essential to defense

production; and

(iii) the reliability of foreign sources for critical

components and critical technology items.

(2) Incorporation of DINET

The Defense Information Network (or DINET), as established and

maintained by the Secretary of Defense on the date of enactment

of the Defense Production Act Amendments of 1992 [Oct. 28, 1992],

shall be incorporated into the system established pursuant to

paragraph (1).

(3) Use of information

Information collected and analyzed under the procedure

established pursuant to paragraph (1) shall constitute a basis

for making any determination to exercise any authority under this

Act [sections 2061 to 2171 of this Appendix] and a procedure for

using such information shall be integrated into the

decisionmaking process with regard to the exercise of any such

authority.

(b) Sources of information

(1) Foreign dependence

(A) Scope of information review

The procedure established to meet the requirement of

subsection (a)(1)(B)(ii) shall address defense production with

respect to the operations of prime contractors and at least the

first 2 tiers of subcontractors, or at lower tiers if a

critical component is identified at such lower tier.

(B) Use of existing data collection and review capabilities

To the extent feasible and appropriate, the President shall

build upon existing methods of data collection and analysis and

shall integrate information available from intelligence

agencies with respect to industrial and technological

conditions in foreign countries.

(C) Initial emphasis on priority lists

In establishing the procedure referred to in subparagraph

(A), the Secretary may place initial emphasis on the production

of critical components and critical technology items.

(2) Production base analysis

(A) Comprehensive review

The analysis of the production base for any major system

acquisition included in the information system maintained

pursuant to subsection (a) shall, in addition to any

information and analyses the President may require -

(i) include a review of all subcontractors and suppliers,

beginning with any raw material, special alloy, or composite

material involved in the production of a completed system;

(ii) identify each contractor and subcontractor (or

supplier) at each level of production for such major system

acquisition which represents a potential for delaying or

preventing the system's production and acquisition, including

the identity of each contractor or subcontractor whose

contract qualifies as a foreign source or sole source

contract and any supplier which is a foreign source or sole

source for any item required in the production, including

critical components; and

(iii) include information to permit appropriate management

of accelerated or surge production.

(B) Initial requirement for study of production bases for not

more than 6 major weapon systems

In establishing the information system under subsection (a),

the President, acting through the Secretary of Defense, shall

require an analysis of the production base for not more than 2

weapons of each military department which are major systems (as

defined in section 2302(5) of title 10, United States Code).

Each such analysis shall identify the critical components of

each system.

(3) Consultation regarding the census of manufacturers

(A) In general

The Secretary of Commerce, acting through the Bureau of the

Census, shall consult with the Secretary of Defense and the

Director of the Federal Emergency Management Agency to improve

the usefulness of information derived from the Census of

Manufacturers in carrying out this section.

(B) Issues to be addressed

The consultation required under subparagraph (A) shall

address improvements in the level of detail, timeliness, and

availability of input and output analyses derived from the

Census of Manufacturers necessary to carry out this section.

(c) Strategic plan for developing comprehensive system

(1) Plan required

Not later than December 31, 1993, the President shall provide

for the establishment of and report to the Congress on a

strategic plan for developing a cost-effective, comprehensive

information system capable of identifying on a timely, ongoing

basis vulnerability in critical components and critical

technology items.

(2) Assessment of certain procedures

In establishing the plan pursuant to paragraph (1), the

President shall assess the performance and cost-effectiveness of

procedures implemented under subsection (b), and shall seek to

build upon such procedures, as appropriate.

(d) Capabilities of system

(1) In general

In connection with the establishment of the information system

under subsection (a), the President shall direct the Secretary of

Defense, the Secretary of Commerce, and the heads of such other

Federal agencies as the President may determine to be appropriate

-

(A) to consult with each other and provide such information,

assistance, and cooperation as may be necessary to establish

and maintain the information system required by this section in

a manner which allows the coordinated and efficient entry of

information on the domestic defense industrial base into, and

the withdrawal, subject to the protection of proprietary data,

of information on the domestic defense industrial base from the

system on an on-line interactive basis by the Department of

Defense;

(B) to assure access to the information on the system, as

appropriate, for all participating Federal agencies, including

each military department;

(C) to coordinate standards, definitions, and specifications

for information on defense production, which is collected by

the Department of Defense and the military departments so that

such information can be used by any Federal agency or

department, as the President determines to be appropriate; and

(D) to assure that the information in the system is updated,

as appropriate, with the active assistance of the private

sector.

(2) Task force on military-civilian participation

Upon the establishment of the information system under

subsection (a), the President shall convene a task force

consisting of the Secretary of Defense, the Secretary of

Commerce, the Secretary of each military department, and the

heads of such other Federal agencies and departments as the

President may determine to be appropriate to establish guidelines

and procedures to ensure that all Federal agencies and

departments which acquire information with respect to the

domestic defense industrial base are fully participating in the

system, unless the President determines that all appropriate

Federal agencies and departments, including each military

department, are voluntarily providing information which is

necessary for the system to carry out the purposes of this Act

[sections 2061 to 2171 of this Appendix] and chapter 148 of title

10, United States Code.

(e) Report on subcontractor and supplier base

(1) Report required

The President shall issue a report (in accordance with

paragraph (4) (!1) which includes -

(A) a list of critical components, technologies, and

technology items for which there is found to be inadequate

domestic industrial capacity or capability; and

(B) an assessment of those subsectors of the economy of the

United States which -

(i) support production of any component, technology, or

technology item listed pursuant to subparagraph (A); or

(ii) have been identified as being critical to the

development and production of components required for the

production of weapons, weapon systems, and other military

equipment essential to the national defense.

(2) Matters to be considered

The assessment made under paragraph (1)(B) shall include

consideration of -

(A) the capacity of domestic sources, especially commercial

firms, to fulfill peacetime requirements and graduated

mobilization requirements for various items of supply and

services;

(B) any trend relating to the capabilities of domestic

sources to meet such peacetime and mobilization requirements;

(C) the extent to which the production or acquisition of

various items of military material is dependent on foreign

sources; and

(D) any reason for the decline of the capabilities of

selected sectors of the United States economy necessary to meet

peacetime and mobilization requirements, including -

(i) stability of defense requirements;

(ii) acquisition policies;

(iii) vertical integration of various segments of the

industrial base;

(iv) superiority of foreign technology and production

efficiencies;

(v) foreign government support of nondomestic sources; and

(vi) offset arrangements.

(3) Policy recommendations

The report required by paragraph (1) may provide specific

policy recommendations to correct deficiencies identified in the

assessment, which would help to strengthen domestic sources.

(4) Time for issuance

The report required by paragraph (1) shall be issued not later

than July 1 of each even-numbered year which begins after 1992.

(5) Release of unclassified report

The report required by this subsection may be classified. An

unclassified version of the report shall be made available to the

public.

-SOURCE-

(Sept. 8, 1950, ch. 932, title VII, Sec. 722, as added Pub. L.

102-558, title I, Sec. 135, Oct. 28, 1992, 106 Stat. 4212.)

-MISC1-

EFFECTIVE DATE

Section deemed to have become effective Mar. 1, 1992, see section

304 of Pub. L. 102-558, set out as an Effective Date of 1992

Amendment note under section 2062 of this Appendix.

TERMINATION DATE

Termination of section, see section 2166(a) of this Appendix.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a closing

parenthesis.

-End-

-CITE-

50 USC APPENDIX DOMESTIC MINERALS PROGRAM

EXTENSION 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DOMESTIC MINERALS PROGRAM EXTENSION

-HEAD-

DOMESTIC MINERALS PROGRAM EXTENSION

-End-

-CITE-

50 USC APPENDIX ACT AUG. 7, 1953, CH. 339, 67

STAT. 417 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DOMESTIC MINERALS PROGRAM EXTENSION

ACT AUG. 7, 1953, CH. 339, 67 STAT. 417

-HEAD-

ACT AUG. 7, 1953, CH. 339, 67 STAT. 417

-MISC1-

Sec.

2181. Congressional declaration of policy.

2182. Extension of termination dates of mineral purchase

programs.

2183. Quarterly ore reports to purchase program producers.

-End-

-CITE-

50 USC APPENDIX Sec. 2181 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DOMESTIC MINERALS PROGRAM EXTENSION

ACT AUG. 7, 1953, CH. 339, 67 STAT. 417

-HEAD-

Sec. 2181. Congressional declaration of policy

-STATUTE-

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.

-SOURCE-

(Aug. 7, 1953, ch. 339, Sec. 2, 67 Stat. 417.)

-MISC1-

SHORT TITLE

Section 1 of act Aug. 7, 1953, provided: "That this Act [enacting

sections 2181 to 2183 of this Appendix] may be cited as the

'Domestic Minerals Program Extension Act of 1953'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2182 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2182 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DOMESTIC MINERALS PROGRAM EXTENSION

ACT AUG. 7, 1953, CH. 339, 67 STAT. 417

-HEAD-

Sec. 2182. Extension of termination dates of mineral purchase

programs

-STATUTE-

In accordance with the declaration of policy set forth in section

2 of this Act [section 2181 of this Appendix], 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 [sections 2061 to 2171 of this

Appendix], 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.

-SOURCE-

(Aug. 7, 1953, ch. 339, Sec. 3, 67 Stat. 417.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2183 of this Appendix.

-End-

-CITE-

50 USC APPENDIX Sec. 2183 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DOMESTIC MINERALS PROGRAM EXTENSION

ACT AUG. 7, 1953, CH. 339, 67 STAT. 417

-HEAD-

Sec. 2183. Quarterly ore reports to purchase program producers

-STATUTE-

In order that those persons who produce or who plan to produce

under purchase programs established pursuant to Public Law 774

(Eighty-first Congress) [section 2061 to 2171 of this Appendix] and

Public Law 96 (Eighty-second Congress) 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

[section 2182 of this Appendix] purchased in that quarter and the

total amounts of each which have been purchased under the program.

-SOURCE-

(Aug. 7, 1953, ch. 339, Sec. 4, 67 Stat. 417.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 774 (Eighty-first Congress), referred to in text,

means act Sept. 8, 1950, ch. 932, 64 Stat. 798, as amended, known

as the Defense Production Act of 1950, which is classified to

sections 2061 et seq. of this Appendix. For complete classification

of this Act to the Code, see section 2061 of this Appendix and

Tables.

Public Law 96 (Eighty-second Congress), referred to in text,

means act July 31, 1951, ch. 275, 65 Stat. 131, known as the

Defense Production Act Amendments of 1951, which amended sections

1884, 1892 to 1896, 1898, 1899, 2071, 2072, 2074, 2081, 2093, 2094,

2102, 2103, 2105, 2109, 2122, 2123, 2131, 2133, 2135, 2151, 2153 to

2156, 2160, and 2163a to 2166 of this Appendix, repealed section

694f of former Title 38, Pensions, Bonuses, and Veterans' Relief,

and enacted provisions set out as notes under sections 1907 and

2061 of this Appendix. For complete classification of this Act to

the Code, see Short Title of 1951 Amendment note set out under

section 2061 of this Appendix and Tables.

-End-

-CITE-

50 USC APPENDIX DOMESTIC TUNGSTEN, ASBESTOS,

FLUORSPAR AND COLUMBIUM-TANTALUM

PURCHASE PROGRAMS 01/06/03

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TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DOMESTIC TUNGSTEN, ASBESTOS, FLUORSPAR AND COLUMBIUM-TANTALUM

PURCHASE PROGRAMS

-HEAD-

DOMESTIC TUNGSTEN, ASBESTOS, FLUORSPAR AND COLUMBIUM-TANTALUM

PURCHASE PROGRAMS

-End-

-CITE-

50 USC APPENDIX ACT JULY 19, 1956, CH. 638, 70

STAT. 579 01/06/03

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TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DOMESTIC TUNGSTEN, ASBESTOS, FLUORSPAR AND COLUMBIUM-TANTALUM

PURCHASE PROGRAMS

ACT JULY 19, 1956, CH. 638, 70 STAT. 579

-HEAD-

ACT JULY 19, 1956, CH. 638, 70 STAT. 579

-End-

-CITE-

50 USC APPENDIX Secs. 2191 to 2195 01/06/03

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TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DOMESTIC TUNGSTEN, ASBESTOS, FLUORSPAR AND COLUMBIUM-TANTALUM

PURCHASE PROGRAMS

ACT JULY 19, 1956, CH. 638, 70 STAT. 579

-HEAD-

Secs. 2191 to 2195. Omitted

-COD-

CODIFICATION

Sections 2191 to 2195 terminated Dec. 31, 1958, pursuant to

section 2194 of this Appendix.

Section 2191, act July 19, 1956, ch. 638, Sec. 2, 70 Stat. 579,

related to authorization of certain purchase programs by Department

of the Interior.

Section 2192, act July 19, 1956, ch. 638, Sec. 3, 70 Stat. 580,

related to availability of materials purchased under sections 2191

to 2195 of this Appendix to the strategic stockpile.

Section 2193, act July 19, 1956, ch. 638, Sec. 4, 70 Stat. 580,

related to promulgation of regulations and delegation of certain

functions.

Section 2194, act July 19, 1956, ch. 638, Sec. 5, 70 Stat. 580,

provided that programs established pursuant to sections 2191 to

2195 of this Appendix were to terminate on Dec. 31, 1958.

Section 2195, act July 19, 1956, ch. 638, Sec. 6, 70 Stat. 580,

authorized appropriations for purposes of sections 2191 to 2195 of

this Appendix.

-End-

-CITE-

50 USC APPENDIX DEPENDENTS ASSISTANCE ACT OF

1950 01/06/03

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TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEPENDENTS ASSISTANCE ACT OF 1950

-HEAD-

DEPENDENTS ASSISTANCE ACT OF 1950

-End-

-CITE-

50 USC APPENDIX ACT SEPT. 8, 1950, CH. 992, 64

STAT. 794 01/06/03

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TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEPENDENTS ASSISTANCE ACT OF 1950

ACT SEPT. 8, 1950, CH. 992, 64 STAT. 794

-HEAD-

ACT SEPT. 8, 1950, CH. 992, 64 STAT. 794

-End-

-CITE-

50 USC APPENDIX Secs. 2201 to 2209 01/06/03

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TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEPENDENTS ASSISTANCE ACT OF 1950

ACT SEPT. 8, 1950, CH. 992, 64 STAT. 794

-HEAD-

Secs. 2201 to 2209. Omitted

-COD-

CODIFICATION

Sections 2201 to 2209 terminated July 1, 1973, pursuant to

section 2216 of this Appendix.

Section 2201, acts Sept. 8, 1950, ch. 922, Sec. 1, 64 Stat. 794;

Sept. 7, 1962, Pub. L. 87-649, Sec. 10, 76 Stat. 496, provided for

determination of dependency of parents.

Section 2202, acts Sept. 8, 1950, ch. 922, Sec. 2, 64 Stat. 795;

Sept. 7, 1962, Pub. L. 87-649, Sec. 10, 76 Stat. 496, related to

dependents of enlisted members in grades E-4 to E-1.

Section 2203, acts Sept. 8, 1950, ch. 922, Sec. 3, 64 Stat. 795;

July 10, 1962, Pub. L. 89-731, Sec. 4(1), 76 Stat. 153; Sept. 7,

1962, Pub. L. 87-649, Sec. 10, 76 Stat. 451; Dec. 16, 1967, Pub. L.

90-207, Sec. 4, 81 Stat. 654; Sept. 28, 1971, Pub. L. 92-129, title

II, Sec. 206, 85 Stat. 359, related to quarters allowances for

enlisted members.

Section 2204, acts Sept. 8, 1950, ch. 922, Sec. 4, 64 Stat. 795;

Sept. 7, 1962, Pub. L. 87-649, Sec. 10, 76 Stat. 496; Sept. 28,

1971, Pub. L. 92-129, title II, Sec. 207, 85 Stat. 359, related to

quarters allowances and allotments of pay.

Section 2204(a)-(e) was formerly classified to section 252(g)-(k)

of former Title 37, Pay and Allowances, prior to the general

revision and enactment of Title 37, Pay and Allowances of the

Uniformed Services, by Pub. L. 87-649, Sec. 1, Sept. 7, 1962, 76

Stat. 451.

Section 2205, act Sept. 8, 1950, ch. 922, Sec. 5, 64 Stat. 796,

provided that quarters allowance shall not be contingent on right

to pay.

Section 2206, act Sept. 8, 1950, ch. 922, Sec. 6, 64 Stat. 796,

related to allowance and allotment without consent of enlisted

member. See sections 553 and 602 of Title 37.

Section 2207, acts Sept. 8, 1950, ch. 922, Sec. 7, 64 Stat. 796;

July 10, 1962, Pub. L. 87-531, Sec. 4(2), 76 Stat. 153; Sept. 28,

1971, Pub. L. 92-129, title II, Sec. 208, 85 Stat. 359, provided

for enlisted members not affected by act Sept. 8, 1950, ch. 922, as

amended.

Section 2208, acts Sept. 8, 1950, ch. 922, Sec. 8, 64 Stat. 796;

July 10, 1962, Pub. L. 87-531, Sec. 4(3), 76 Stat. 153, provided

for aviation cadets.

Section 2209, act Sept. 8, 1950, ch. 922, Sec. 9, 64 Stat. 796,

related to members furnished Government quarters.

-MISC1-

SHORT TITLE

Section 17 of act Sept. 8, 1950, ch. 922, 64 Stat. 797, provided

that sections 2201 to 2216 of this Appendix were to be cited as the

"Dependents Assistance Act of 1950".

REQUIREMENT OF ALLOTMENT OF PAY BY ENLISTED MEMBERS

Act Oct. 12, 1949, ch. 681, title III, Sec. 302(h), 63 Stat. 812,

as amended by act July 10, 1962, Pub. L. 87-531, Sec. 3, 76 Stat.

152, provided that the payment of the basic quarters allowance

provided for in section 2203 of this Appendix for certain enlisted

men with dependents was to be made only for such period as the

enlisted men had in effect allotments of pay not less than the sums

of the basic allowances for quarters to which the members were

entitled plus $40, for the support of the dependent or dependents

on whose account the allowances were claimed, provided that such

allotments were not to be required in certain cases, that such

allotments could be modified in particular instances by regulation

of the Secretary of the Department concerned, and that the minimum

allotments required for any month were to be based on the lowest

rates of basic quarters allowances to which the members were

entitled and the lowest pay grades in which the members served

during such month.

-End-

-CITE-

50 USC APPENDIX Secs. 2210 to 2212 01/06/03

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TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEPENDENTS ASSISTANCE ACT OF 1950

ACT SEPT. 8, 1950, CH. 992, 64 STAT. 794

-HEAD-

Secs. 2210 to 2212. Repealed. Pub. L. 93-64, title I, Sec. 101,

July 9, 1973, 87 Stat. 147

-MISC1-

Section 2210, act Sept. 8, 1950, ch. 922, Sec. 10, 64 Stat. 796,

authorized regulations and provided for determinations and waivers

and delegation of authority.

Section 2211, act Sept. 8, 1950, ch. 922, Sec. 11, 64 Stat. 797,

provided for conclusiveness of determinations and waivers,

modifications thereof, and waiver of erroneous payments. See

section 5584 of Title 5, Government Organization and Employees,

section 2774 of Title 10, Armed Forces, and section 716 of Title

32, National Guard.

Section 2212, act Sept. 8, 1950, ch. 922, Sec. 12, 64 Stat. 797,

related to allowance of credit by General Accounting Office for

accounts of disbursing officers making erroneous payments. See

section 5584 of Title 5, Government Organization and Employees,

section 2774 of Title 10, Armed Forces, and section 716 of Title

32, National Guard.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1973, see section 206 of Pub. L. 93-64,

set out as an Effective Date of 1973 Amendment note under section

401 of Title 37, Pay and Allowances of the Uniformed Services.

-End-

-CITE-

50 USC APPENDIX Secs. 2213 to 2216 01/06/03

-EXPCITE-

TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE

DEPENDENTS ASSISTANCE ACT OF 1950

ACT SEPT. 8, 1950, CH. 992, 64 STAT. 794