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United States Code
Title 50 - WAR AND NATIONAL DEFENSEChapter 55 - DEFENSE PRODUCTION
Subchapter II - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
Section 4535 - Reports on exercise of authorities

50 U.S.C. § 4535

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 4535 - Reports on exercise of authorities
(a) In general

The President, or the head of an agency to which the President has delegated authorities under this subchapter, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities-

(1) except as provided by paragraph (2), not later than 30 days after taking the action; and
(2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action.
(b) Elements
(1) In general

Each report and briefing required by subsection (a) with respect to an action described in that subsection shall include-

(A) a justification of the necessity of the use of authorities under this subchapter; and
(B) a description of the financial terms of any related financial transaction.
(2) Additional elements relating to business concerns in the United Kingdom or Australia

Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)-

(A) a certification that business concerns in the United States or Canada were not available with respect to the action; and
(B) an analysis of why such business concerns were not available.
(c) Appropriate congressional committees defined

In this section, the term "appropriate congressional committees" means-

(1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and
(2) in the case of an action described in subsection (a) involving materials critical to national security (as defined in section 4552(7)(B)(ii)(II)(bb) of this title), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.

50 U.S.C. § 4535

Sept. 8, 1950, ch. 932, title III, §305, as added Pub. L. 118-31, div. A, title X, §1080(b), Dec. 22, 2023, 137 Stat. 416.

EDITORIAL NOTES

PRIOR PROVISIONSPrior sections 305 to 310 of act Sept. 8, 1950, ch. 932, were omitted in the general amendment of title III of the Act by Pub. L. 111-67.Section 305, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 96-294, title I, §104(e), June 30, 1980, 94 Stat. 619; amended Pub. L. 107-314, §1062, 116 Stat. 2653, related to synthetic fuel production.Section 306, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 96-294, title I, §104(e), June 30, 1980, 94 Stat. 623; amended Pub. L. 107-314, §1062, 116 Stat. 2653, related to synthetic fuel production subsequent to determinations respecting a national energy supply shortage of defense fuels. Section 307, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 96-294, title I, §104(e), June 30, 1980, 94 Stat. 628; amended Pub. L. 102-558, §151, 106 Stat. 4218, related to synthetic fuel action.Section 308, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 96-294, title I, §104(e), June 30, 1980, 94 Stat. 631, related to definitions of "Government synthetic fuel project", "synthetic fuel", "synthetic fuel project", and "United States".Section 309, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 98-265, §6, Apr. 17, 1984, 98 Stat. 152; amended Pub. L. 99-441, §4, Oct. 3, 1986, 100 Stat. 1117; Pub. L. 102-558, §124, 106 Stat. 4207; Pub. L. 107-47, §4(5), Oct. 5, 2001, 115 Stat. 260, related to annual report on impact of offsets. See section 4568 of this title.Section 310, act Sept. 8, 1950, ch. 932, title III, as added Pub. L. 102-558, §125, 106 Stat. 4208, related to civil-military integration.

appropriate congressional committees
The term "appropriate congressional committees" means-(A) the congressional intelligence committees;(B) the Committee on Armed Services of the Senate;(C) the Committee on Appropriations of the Senate;(D) the Committee on Homeland Security and Governmental Affairs of the Senate;(E) the Committee on Armed Services of the House of Representatives;(F) the Committee on Appropriations of the House of Representatives;(G) the Committee on Homeland Security of the House of Representatives; and(H) the Committee on Oversight and Reform of the House of Representatives.
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.