### §4517. Strengthening domestic capability

#### (a) In general

Utilizing the authority of subchapter II of this chapter or any other provision of law, the President may provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States.

#### (b) Critical components and critical technology items

#### (1) Maintenance of reliable sources of supply

The President shall take appropriate actions to assure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency.

#### (2) Appropriate action

For purposes of this subsection, appropriate action may include—

(A) restricting contract solicitations to reliable sources;

(B) restricting contract solicitations to domestic sources pursuant to—

(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10;

(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41; or

(iii) other statutory authority;

(C) stockpiling critical components; and

(D) developing substitutes for a critical component or a critical technology item.

(Sept. 8, 1950, ch. 932, title I, §107, as added Pub. L. 102–558, title I, §111, Oct. 28, 1992, 106 Stat. 4201; amended Pub. L. 111–67, §6, Sept. 30, 2009, 123 Stat. 2009; Pub. L. 117–81, div. A, title XVII, §1702(k)(4), Dec. 27, 2021, 135 Stat. 2160.)

#### Termination of Section

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

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 2077 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

In subsec. (b)(2)(B)(ii), "section 3303(a)(1)(B) of title 41 or section 3304(a)(3) of title 41" substituted for "section 303(b)(1)(B) or section 303(c)(3) of the Federal Property and Administrative Services Act of 1949" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

#### Amendments

2021—Subsec. (b)(2)(B)(i), (ii). Pub. L. 117–81, §1702(k)(4), which directed the amendment of section 107(b)(2)(B) of the Defense Production Act by adding cls. (i) and (ii) and striking out former cls. (i) and (ii), was executed by making amendments to this section, section 107(b)(2)(B) of the Defense Production Act of 1950, to reflect the probable intent of Congress. Prior to amendment, cls. (i) and (ii) read as follows:

"(i) section 2304(b)(1)(B) or section 2304(c)(3) of title 10;

"(ii) section 3303(a)(1)(B) of title 41 or section 3304(a)(3) of title 41; or".

2009—Subsec. (a). Pub. L. 111–67, §6(1), inserted "restore," after "modernize," and "materials," after "items,".

Subsec. (b). Pub. L. 111–67, §6(2)(A), (B), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1). Prior to amendment, text of par. (1) read as follows:

"(A) In general.—The President, acting through 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) Definition.—Any component identified as critical by a National Security Assessment conducted pursuant to section 113(i) of title 10 or by a Presidential determination as a result of a petition filed under section 1862 of title 19 shall be designated as a critical component for purposes of this chapter, unless the President determines that the designation is unwarranted."

Subsec. (b)(1). Pub. L. 111–67, §6(2)(C), substituted ", critical technology items, essential materials, and industrial resources" for "or critical technology items".

#### **Statutory Notes and Related Subsidiaries**

#### 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 4502 of this title.

#### **Executive Documents**

#### Delegation of Functions

Authorities of President under this section 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 4(a) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18404, set out as a note under section 4511 of this title.

Functions of the President under this chapter relating to the production, conservation, use, control, distribution, and allocation of energy, delegated to the 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.

For delegation of authority of President under subsecs. (a) and (b)(1) of this section, see sections 310 and 311 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16655, set out as a note under section 4553 of this title.