The President is hereby authorized (1) to require that performance under contracts or orders (other than contracts of employment) which he deems necessary or appropriate to promote the national defense shall take priority over performance under any other contract or order, and, for the purpose of assuring such priority, to require acceptance and performance of such contracts or orders in preference to other contracts or orders by any person he finds to be capable of their performance, and (2) to allocate materials, services, and facilities in such manner, upon such conditions, and to such extent as he shall deem necessary or appropriate to promote the national defense.
The powers granted in this section shall not be used to control the general distribution of any material in the civilian market unless the President finds (1) that such material is a scarce and critical material essential to the national defense, and (2) that the requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.
The head of each Federal agency to which the President delegates authority under this section shall-
50 U.S.C. § 4511
Termination of SectionFor termination of section, see sectionof this title.
REFERENCES IN TEXTThis chapter, referred to in subsec. (c)(1), was in the original "this Act", meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see sectionof this title and Tables.
CODIFICATIONSection was formerly classified to section 2071 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
AMENDMENTS2014-Subsec. (d)(1). Pub. L. 113-172 substituted "issue, and annually review and update whenever appropriate, final rules" for "not later than 270 days after the date of enactment of the Defense Production Act Reauthorization of 2009, issue final rules".2009-Subsec. (d). Pub. L. 111-67 added subsec. (d).1991-Subsec. (a)(2). Pub. L. 102-99, §6(1), substituted "materials, services, and facilities" for "materials and facilities".Subsec. (c)(1). Pub. L. 102-99, §6(2), substituted "materials, equipment, and services" for "supplies of materials and equipment".Subsec. (c)(2) to (4). Pub. L. 102-99, §6(3), (4), added par. (2), redesignated par. (4) as (3), and struck out former pars. (2) and (3) which read as follows:"(2) The President shall report to the Congress within sixty days after December 22, 1975, on the manner in which the authority contained in paragraph (1) will be administered. This report shall include the manner in which allocations will be made, the procedure for requests and appeals, the criteria for determining priorities as between competing requests, and the office or agency which will administer such authorities."(3) The authority granted in this subsection may not be used to require priority performance of contracts or orders, or to control the distribution of any supplies of materials and equipment in the marketplace, unless the President finds that-"(A) such supplies are scarce, critical, and essential to maintain or further (i) exploration, production, refining, transportation, or (ii) the conservation of energy supplies, or (iii) for the construction and maintenance of energy facilities; and"(B) maintenance or furtherance of exploration, production, refining, transportation, or conservation of energy supplies or the construction and maintenance of energy facilities cannot reasonably be accomplished without exercising the authority specified in paragraph (1) of this subsection."1975-Subsec. (c). Pub. L. 94-163 added subsec. (c).1953-Subsec. (a). Act June 30, 1953, struck out provisions which related to slaughtering of livestock and allocation of meat and meat products.Subsec. (b). Act June 30, 1953, retained priorities and allocation authority for defense production but generally to discontinue such authority with respect to the civilian market except in the special cases where, because of shortages and demands of the defense effort, there otherwise would be a significant dislocation in the civilian market resulting in appreciable hardship.1952-Act June 30, 1952, redesignated existing provisions as subsec. (a), inserted provisions relating to meat and meat products, and added subsec. (b).1951-Act July 31, 1951, inserted provision relating to slaughtering of livestock.
EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102-99, §7, Aug. 17, 1991, 105 Stat. 490, provided that: "This Act [see Tables for classification] shall take effect on October 20, 1990."
DELEGATION OF FUNCTIONSFunctions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under sectionof Title 15, Commerce and Trade.For delegation of certain authority of President under this section, see sections 201 to 203 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16652, 16653, set out as a note under section of this title.
REPORT ON INDUSTRY PREPAREDNESS Pub. L. 110-53, title X, §1002(b), Aug. 3, 2007, 121 Stat. 375, provided that: "Not later than 6 months after the last day of fiscal year 2007 and each subsequent fiscal year, the Secretary of Homeland Security, in cooperation with the Secretary of Commerce, the Secretary of Transportation, the Secretary of Defense, and the Secretary of Energy, shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Financial Services and the Committee on Homeland Security of the House of Representatives a report that details the actions taken by the Federal Government to ensure, in accordance with subsections (a) and (c) of section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071) [now ], the preparedness of industry to reduce interruption of critical infrastructure and key resource operations during an act of terrorism, natural catastrophe, or other similar national emergency."
PRESIDENTIAL AUTHORITY TO ISSUE ORDERS RELATING TO DOMESTIC ENERGY SUPPLIESPub. L. 94-163, title I, §104(b), Dec. 22, 1975, 89 Stat. 879, as amended by Pub. L. 99-58, title I, §101(b), July 2, 1985, 99 Stat. 102; Pub. L. 101-46, §1(2), June 30, 1989, 103 Stat. 132; Pub. L. 101-262, §2(a), Mar. 31, 1990, 104 Stat. 124; Pub. L. 101-360, §2(a), Aug. 10, 1990, 104 Stat. 421; Pub. L. 101-383, §2(1), Sept. 15, 1990, 104 Stat. 727; Pub. L. 105-388, §6, Nov. 13, 1998, 112 Stat. 3479; Pub. L. 106-469, title I, §103(2), Nov. 9, 2000, 114 Stat. 2029, provided that: "The expiration of the Defense Production Act of 1950 [et seq.] or any amendment of such Act after the date of enactment of this Act [Dec. 22, 1975] shall not affect the authority of the President under section 101(c) of such Act [ ], as amended by subsection (a) of this section and in effect on the date of enactment of this Act, unless Congress by law expressly provides to the contrary."
- critical infrastructure
- The term "critical infrastructure" means any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety.
- 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.
- homeland security
- The term "homeland security" includes efforts-(A) to prevent terrorist attacks within the United States;(B) to reduce the vulnerability of the United States to terrorism;(C) to minimize damage from a terrorist attack in the United States; and(D) to recover from a terrorist attack in the United States.
- 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.
- national defense
- The term "national defense" means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act [ 42 U.S.C. 5195 et seq.] and critical infrastructure protection and restoration.
- 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.
- The term "services" includes any effort that is needed for or incidental to-(A) the development, production, processing, distribution, delivery, or use of an industrial resource or a critical technology item;(B) the construction of facilities;(C) the movement of individuals and property by all modes of civil transportation; or(D) other national defense programs and activities.