2014—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.
Delegation of Functions
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
For delegation of certain authority of President under this section, see sections 201 to 203 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16652, 16653, set out as a note under section 4553 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 50 U.S.C. 4511
], 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 Supplies
Pub. 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
[50 U.S.C. 4501
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 [50 U.S.C. 4511(c)
], 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.”