Legislación
US (United States) Code. Title 50. Appendix
-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
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