50 U.S.C. § 4551

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)
Section 4551 - Small business
(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 chapter.

(b) Administration of chapter

In administering the programs, implementing regulations, policies, and procedures under this chapter, requests, applications, or appeals from small business concerns shall, to the maximum extent practicable, be expeditiously handled.

(c) Advisory committee participation

Representatives of small business concerns shall be afforded the maximum opportunity to participate in such advisory committees as may be established pursuant to this chapter.

(d) Information

Information about this chapter and activities undertaken in accordance with this chapter shall be made available to small business concerns.

(e) Allocations under section 4511

Whenever the President makes a determination to exercise any authority to allocate any material pursuant to section 4511 of this title, small business concerns shall be accorded, to the extent practicable, a fair share of such material, in proportion to the share received by such business concerns under normal conditions, giving such special consideration as may be possible to emerging small business concerns.

50 U.S.C. § 4551

Sept. 8, 1950, ch. 932, title VII, §701, 64 Stat. 815; July 31, 1951, ch. 275, title I, §108, 65 Stat. 138; June 30, 1953, ch. 171, §7, 67 Stat. 130; Aug. 9, 1955, ch. 655, §§4, 5, 69 Stat. 580; Pub. L. 96-294, title I, §105(c), June 30, 1980, 94 Stat. 633; Pub. L. 102-558, title I, §131, Oct. 28, 1992, 106 Stat. 4209.

Termination of SectionFor termination of section, see section 4564(a) of this title.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in text, was in the original "this Act", meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables.

CODIFICATIONSection was formerly classified to section 2151 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

AMENDMENTS1992- Pub. L. 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 "June 30, 1980" for "August 9, 1955".1955-Subsec. (c). Act Aug. 9, 1955, §4, struck out specific dates which were the basis for determination of materials in civilian market and inserted provisions requiring that a business receive its fair share based on a representative period before imposition of the allocation.Subsec. (d). Act Aug. 9, 1955, §5, added subsec. (d).1953-Subsec. (c). Act June 30, 1953, amended subsec. (c) generally, the principal change being to provide, in the allocation to business of a fair share of available civilian supply, a new base period for allocating materials not under control on July 1, 1953.1951-Subsec. (c). Act July 31, 1951, provided that limitations and restrictions on production of specific items shall not exclude new concerns.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1992 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 4502 of this title.

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 4502 of this title.

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 4502 of this title.

EXECUTIVE DOCUMENTS

DELEGATION OF FUNCTIONSAuthority of President to implement this chapter under this subchapter with respect to responding to the spread of COVID-19 within the United States delegated to Secretary of Health and Human Services and the Secretary of Homeland Security, see section 2(a) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title.Authority of President to implement this chapter under this subchapter with respect to hoarding of health and medical resources necessary to respond to the spread of COVID-19 within the United States delegated to Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001, set out as a note under section 4512 of this title.Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade. For delegation of certain authority of President under this subchapter, see section 802 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16659, set out as a note under section 4553 of this title.

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.
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.
services
The term "services" includes any effort that is needed for or incidental to-(A) the development, production, processing, distribution, delivery, or use of an industrial resource or a critical technology item;(B) the construction of facilities;(C) the movement of individuals and property by all modes of civil transportation; or(D) other national defense programs and activities.