§ 4552. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1950

   the Defense Production Act of 1950

   Pub. L. 81–932 · 64 Stat. 798

   Enacted · 50 U.S.C. § 4552

   Sept. 8, 1950, ch. 932, title VII, § 702, 64 Stat. 815

   Source evidence

   Code source credit
   Sept. 8, 1950, ch. 932, title VII, § 702, 64 Stat. 815

2. 1953

   Public Law not identified

   1. Amended · 50 U.S.C. § 4552(d)

      Subsec. (d). Act June 30, 1953, amended subsec. (d) generally which, among other changes

   2. Inserted · 50 U.S.C. § 4552(d)

      Subsec. (d). Act June 30, 1953, inserted references to construction, military assistance to foreign nations and stockpiling

   3. Struck · 50 U.S.C. § 4552(d)

      Subsec. (d). Act June 30, 1953, struck out specific reference to “operations or activities in connection with the Mutual Defense Assistance Act of 1949, as amended”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (d). Act June 30, 1953, amended subsec. (d) generally which, among other changes, inserted references to construction, military assistance to foreign nations and stockpiling, and struck out specific reference to “operations or activities in connection with the Mutual Defense Assistance Act of 1949, as amended”.

3. 1970

   Pub. L. 91–379 § 102(1) · 84 Stat. 796

   Inserted · 50 U.S.C. § 4552(d)

   Pub. L. 91–379, § 102(1), inserted reference to space in definition of national defense

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 91–379, § 102(1), inserted reference to space in definition of national defense.

   Enacted provision · exact public law section
   (1) by inserting “space,” after “stockpiling,” in subsection (d); and

4. 1970

   Pub. L. 91–379 § 102(2) · 84 Stat. 796

   Added · 50 U.S.C. § 4552(f)

   Pub. L. 91–379, § 102(2), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 91–379, § 102(2), added subsec. (f).

   Enacted provision · exact public law section
   (2) by adding at the end thereof a new subsection as follows: “(f) The term ‘defense contractor’ means any person who enters into a contract with the United States for the production of material or the performance of services for the national defense.”

5. 1992

   Defense Production Act Amendments of 1992

   Pub. L. 102–558 title I § 132 · 106 Stat. 4198

   1. Amended · 50 U.S.C. § 4552

      Pub. L. 102–558 amended section generally

   2. Substituted · 50 U.S.C. § 4552

      Pub. L. 102–558 substituting present provisions for provisions defining terms “person”, “materials”, “facilities”, “national defense”, “wages, salaries, and other compensation”, and “defense contractor”

   Source evidence

   Code amendment note
   Pub. L. 102–558 amended section generally, substituting present provisions for provisions defining terms “person”, “materials”, “facilities”, “national defense”, “wages, salaries, and other compensation”, and “defense contractor”.

   Enacted provision · exact public law section
   SEC. 132. DEFINITIONS. Section 702 of the Defense Production Act of 1950 (50 U.S.C. App. 2152) is amended to read as follows: “SEC. 702. DEFINITIONS. “For purposes of this Act, the following definitions shall apply: “(1) Critical component.— The term ‘critical component’ includes such components, subsystems, systems, and related special tooling and test equipment essential to the production, repair, maintenance, or operation of weapon systems or other items of military equipment identified by the Secretary of Defense as being essential to the execution of the national security strategy of the United States. Components identified as critical by a National Security Assessment conducted pursuant to section 113(i) of title 10, United States Code, or by a Presidential determination as a result of a petition filed under section 232 of the Trade Expansion Act of 1962 shall be designated as critical components for purposes of this Act, unless the President determines that the designation is unwarranted. “(2) Critical industry for national security.— The term ‘critical industry for national security’ means any industry (or industry sector) identified pursuant to section 2503(6) of title 10, United States Code, and such other industries or industry sectors as may be designated by the President as essential to provide industrial resources required for the execution of the national security strategy of the United States. “(3) Critical technology.— The term ‘critical technology’ includes any technology that is included in 1 or more of the plans submitted pursuant to section 6681 of title 42, United States Code, or section 2508 of title 10, United States Code (unless subsequently deleted), or such other emerging or dual use technology as may be designated by the President. “(4) Critical technology item.— The term ‘critical technology item’ means materials directly employing, derived from, or utilizing a critical technology. “(5) Defense contractor.— The term ‘defense contractor means any person who enters into a contract with the United States— “(A) to furnish materials, industrial resources, or a critical technology for the national defense; or “(B) to perform services for the national defense. “(6) Domestic defense industrial base.— The term ‘domestic defense industrial base’ means domestic sources which are providing, or which would be reasonably expected to provide, materials or services to meet national defense requirements during peacetime, graduated mobilization, national emergency, or war. “(7) Domestic source.— The term ‘domestic source’ means a business concern— “(A) that performs in the United States or Canada substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item; and “(B) that procures from business concerns described in subparagraph (A) substantially all of any components and assemblies required under a contract with the United States relating to a critical component or critical technology item. “(8) Essential weapon system.— The term ‘essential weapon system’ means a major weapon system and other items of military equipment identified by the Secretary of Defense as being essential to the execution of the national security strategy of the United States. “(9) Facilities.— 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. “(10) Foreign source.— The term ‘foreign source’ means a business entity other than a ‘domestic source’. “(11) Industrial resources.— The term ‘industrial resources’ means materials, services, processes, or manufacturing equipment (including the processes, technologies, and ancillary services for the use of such equipment) needed to establish or maintain an efficient and modern national defense industrial capacity. “(12) 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. “(13) National defense.— The term ‘national defense’ means programs for military and energy production or construction, military assistance to any foreign nation, stockpiling, space, and any directly related activity. “(14) Person.— 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. “(15) 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; or “(B) the construction of facilities. “(16) Small business concern.— The term ‘small business concern’ means a business concern that meets the requirements of section 3(a) of the Small Business Act and the regulations promulgated pursuant to that section, and includes such business concerns owned and controlled by socially and economically disadvantaged individuals or by women. “(17) Small business concern owned and controlled by socially and economically disadvantaged individuals.— The term ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ has the same meaning as in section 8(d)(3)(C) of the Small Business Act.”.

   Effective date note
   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.

6. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. C title XXXIV § 3411(b) · 108 Stat. 2663

   Inserted · 50 U.S.C. § 4552(13)

   Pub. L. 103–337 inserted at end “Such term includes emergency preparedness activities conducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act.”

   Source evidence

   Code amendment note
   Par. (13). Pub. L. 103–337 inserted at end “Such term includes emergency preparedness activities conducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act.”

   Enacted provision · exact public law section
   (b) Conforming Amendment Regarding Definition of National Defense.— Section 702(13) of the Defense Production Act of 1950 (50 U.S.C. App. 2152(13)) is amended by adding at the end the following new sentence: “Such term includes emergency preparedness activities conducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act.”.

7. 2003

   Defense Production Act Reauthorization of 2003

   Pub. L. 108–195 § 5(1) · 117 Stat. 2892

   1. Added · 50 U.S.C. § 4552(3)(13)

      Pub. L. 108–195, § 5(1), (2), added par. (3)

   2. Redesignated · 50 U.S.C. § 4552(3)(13)

      Pub. L. 108–195, § 5(1), (2), redesignated former pars. (3) to (12) as (4) to (13), respectively. Former par. (13) redesignated (14)

   Source evidence

   Code amendment note
   Pars. (3) to (13). Pub. L. 108–195, § 5(1), (2), added par. (3) and redesignated former pars. (3) to (12) as (4) to (13), respectively. Former par. (13) redesignated (14).

   Enacted provision · exact public law section
   (1) by redesignating paragraphs (3) through (17) as paragraphs (4) through (18), respectively;

8. 2003

   Defense Production Act Reauthorization of 2003

   Pub. L. 108–195 § 5(1) · 117 Stat. 2892

   1. Redesignated · 50 U.S.C. § 4552(14)

      Pub. L. 108–195, § 5(1), (3), redesignated par. (13) as (14)

   2. Redesignated · 50 U.S.C. § 4552(14)

      Pub. L. 108–195, § 5(1), (3), inserted “and critical infrastructure protection and restoration” before period at end of last sentence. Former par. (14) redesignated (15)

   Source evidence

   Code amendment note
   Par. (14). Pub. L. 108–195, § 5(1), (3), redesignated par. (13) as (14) and inserted “and critical infrastructure protection and restoration” before period at end of last sentence. Former par. (14) redesignated (15).

   Enacted provision · exact public law section
   (1) by redesignating paragraphs (3) through (17) as paragraphs (4) through (18), respectively;

9. 2003

   Defense Production Act Reauthorization of 2003

   Pub. L. 108–195 § 5(1) · 117 Stat. 2892

   Redesignated · 50 U.S.C. § 4552(15)(18)

   Pub. L. 108–195, § 5(1), redesignated pars. (14) to (17) as (15) to (18), respectively

   Source evidence

   Code amendment note
   Pars. (15) to (18). Pub. L. 108–195, § 5(1), redesignated pars. (14) to (17) as (15) to (18), respectively.

   Enacted provision · exact public law section
   (1) by redesignating paragraphs (3) through (17) as paragraphs (4) through (18), respectively;

10. 2009

    Defense Production Act Reauthorization of 2009

    Pub. L. 111–67 § 8(1) · 123 Stat. 2006

    Substituted · 50 U.S.C. § 4552(1)

    Pub. L. 111–67, § 8(1), substituted “equipment identified by the President” for “military equipment identified by the Secretary of Defense”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 111–67, § 8(1), substituted “equipment identified by the President” for “military equipment identified by the Secretary of Defense”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “military equipment identified by the Secretary of Defense” and inserting “equipment identified by the President”;

11. 2009

    Defense Production Act Reauthorization of 2009

    Pub. L. 111–67 § 8(2) · 123 Stat. 2006

    1. Added · 50 U.S.C. § 4552(2); 50 U.S.C. § 4552(3)

       Pub. L. 111–67, § 8(2)–(4), added par. (3)

    2. Redesignated · 50 U.S.C. § 4552(2); 50 U.S.C. § 4552(3)

       Pub. L. 111–67, § 8(2)–(4), redesignated former par. (3) as (2)

    3. Struck · 50 U.S.C. § 4552(2); 50 U.S.C. § 4552(3)

       Pub. L. 111–67, § 8(2)–(4), struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The term ‘critical industry for national security’ means any industry (or industry sector) identified pursuant to section 2503(6) of title 10 and such other industries or industry sectors as may be designated by the President as essential to provide industrial resources required for the execution of the national security strategy of the United States.”

    Source evidence

    Code amendment note
    Pars. (2), (3). Pub. L. 111–67, § 8(2)–(4), added par. (3), redesignated former par. (3) as (2), and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The term ‘critical industry for national security’ means any industry (or industry sector) identified pursuant to section 2503(6) of title 10 and such other industries or industry sectors as may be designated by the President as essential to provide industrial resources required for the execution of the national security strategy of the United States.”

    Enacted provision · exact public law section
    (2) by striking paragraphs (2), (4), (9), and (18);

12. 2009

    Defense Production Act Reauthorization of 2009

    Pub. L. 111–67 § 8(2) · 123 Stat. 2006

    1. Redesignated · 50 U.S.C. § 4552(4); 50 U.S.C. § 4552(5)

       Pub. L. 111–67, § 8(2), (5), redesignated pars. (5) and (6) as (4) and (5), respectively

    2. Struck · 50 U.S.C. § 4552(4); 50 U.S.C. § 4552(5)

       Pub. L. 111–67, § 8(2), (5), struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “The term ‘critical technology’ includes any technology that is included in 1 or more of the plans submitted pursuant to section 6681 of title 42 or section 2508 of title 10 (unless subsequently deleted), or such other emerging or dual use technology as may be designated by the President.”

    Source evidence

    Code amendment note
    Pars. (4), (5). Pub. L. 111–67, § 8(2), (5), redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “The term ‘critical technology’ includes any technology that is included in 1 or more of the plans submitted pursuant to section 6681 of title 42 or section 2508 of title 10 (unless subsequently deleted), or such other emerging or dual use technology as may be designated by the President.”

    Enacted provision · exact public law section
    (2) by striking paragraphs (2), (4), (9), and (18);

13. 2009

    Defense Production Act Reauthorization of 2009

    Pub. L. 111–67 § 8(5) · 123 Stat. 2006

    1. Redesignated · 50 U.S.C. § 4552(6)

       Pub. L. 111–67, § 8(5), (6), redesignated par. (7) as (6), in heading

    2. Struck · 50 U.S.C. § 4552(6)

       Pub. L. 111–67, § 8(5), (6), struck out “defense” after “Domestic”, and, in text

    3. Substituted · 50 U.S.C. § 4552(6)

       Pub. L. 111–67, § 8(5), (6), substituted “ ‘domestic industrial base’ ” for “ ‘domestic defense industrial base’ ”

    4. Redesignated · 50 U.S.C. § 4552(6)

       Pub. L. 111–67, § 8(5), (6), struck out “graduated mobilization,” after “peacetime,”. Former par. (6) redesignated (5)

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 111–67, § 8(5), (6), redesignated par. (7) as (6), in heading, struck out “defense” after “Domestic”, and, in text, substituted “ ‘domestic industrial base’ ” for “ ‘domestic defense industrial base’ ” and struck out “graduated mobilization,” after “peacetime,”. Former par. (6) redesignated (5).

    Enacted provision · exact public law section
    (5) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively;

14. 2009

    Defense Production Act Reauthorization of 2009

    Pub. L. 111–67 § 8(2) · 123 Stat. 2006

    1. Redesignated · 50 U.S.C. § 4552(7)(9)

       Pub. L. 111–67, § 8(2), (5), (7), redesignated pars. (8), (10), and (11) as (7) to (9), respectively

    2. Redesignated · 50 U.S.C. § 4552(7)(9)

       Pub. L. 111–67, § 8(2), (5), (7), struck out former par. (9). Prior to amendment, text of par. (9) read as follows: “The term ‘essential weapon system’ means a major weapon system and other items of military equipment identified by the Secretary of Defense as being essential to the execution of the national security strategy of the United States.” Former par. (7) redesignated (6)

    Source evidence

    Code amendment note
    Pars. (7) to (9). Pub. L. 111–67, § 8(2), (5), (7), redesignated pars. (8), (10), and (11) as (7) to (9), respectively, and struck out former par. (9). Prior to amendment, text of par. (9) read as follows: “The term ‘essential weapon system’ means a major weapon system and other items of military equipment identified by the Secretary of Defense as being essential to the execution of the national security strategy of the United States.” Former par. (7) redesignated (6).

    Enacted provision · exact public law section
    (2) by striking paragraphs (2), (4), (9), and (18);

15. 2009

    Defense Production Act Reauthorization of 2009

    Pub. L. 111–67 § 8(8) · 123 Stat. 2006

    Redesignated · 50 U.S.C. § 4552(10); 50 U.S.C. § 4552(11)

    Pub. L. 111–67, § 8(8), added pars. (10) and (11). Former pars. (10) and (11) redesignated (8) and (9), respectively

    Source evidence

    Code amendment note
    Pars. (10), (11). Pub. L. 111–67, § 8(8), added pars. (10) and (11). Former pars. (10) and (11) redesignated (8) and (9), respectively.

    Enacted provision · exact public law section
    (8) by inserting after paragraph (9), as so redesignated, the following: “(10) Guaranteeing agency.— The term ‘guaranteeing agency’ means a department or agency of the United States engaged in procurement for the national defense. “(11) 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.” ;

16. 2009

    Defense Production Act Reauthorization of 2009

    Pub. L. 111–67 § 8(9) · 123 Stat. 2006

    Substituted · 50 U.S.C. § 4552(12)

    Pub. L. 111–67, § 8(9), substituted “base” for “capacity”

    Source evidence

    Code amendment note
    Par. (12). Pub. L. 111–67, § 8(9), substituted “base” for “capacity”.

    Enacted provision · exact public law section
    (9) in paragraph (12), by striking “capacity” and inserting “base”;

17. 2009

    Defense Production Act Reauthorization of 2009

    Pub. L. 111–67 § 8(10) · 123 Stat. 2006

    Substituted · 50 U.S.C. § 4552(14)

    Pub. L. 111–67, § 8(10), substituted “military or critical infrastructure assistance to any foreign nation, homeland security” for “military assistance to any foreign nation”

    Source evidence

    Code amendment note
    Par. (14). Pub. L. 111–67, § 8(10), substituted “military or critical infrastructure assistance to any foreign nation, homeland security” for “military assistance to any foreign nation”.

    Enacted provision · exact public law section
    (10) in paragraph (14), by striking “military assistance to any foreign nation” and inserting “military or critical infrastructure assistance to any foreign nation, homeland security”; and

18. 2009

    Defense Production Act Reauthorization of 2009

    Pub. L. 111–67 § 8(11) · 123 Stat. 2006

    Added · 50 U.S.C. § 4552(16)

    Pub. L. 111–67, § 8(11), added subpars. (C) and (D)

    Source evidence

    Code amendment note
    Par. (16). Pub. L. 111–67, § 8(11), added subpars. (C) and (D).

    Enacted provision · exact public law section
    (11) in paragraph (16)— (A) in subparagraph (A), by striking “or” at the end; (B) in subparagraph (B), by striking the period and inserting a semicolon; and (C) by adding at the end the following: “(C) the movement of individuals and property by all modes of civil transportation; or “(D) other national defense programs and activities.” .

19. 2009

    Defense Production Act Reauthorization of 2009

    Pub. L. 111–67 § 8(2) · 123 Stat. 2006

    Struck · 50 U.S.C. § 4552(18)

    Pub. L. 111–67, § 8(2), struck out par. (18). Text read as follows: “The term ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ has the same meaning as in section 637(d)(3)(C) of title 15.”

    Source evidence

    Code amendment note
    Par. (18). Pub. L. 111–67, § 8(2), struck out par. (18). Text read as follows: “The term ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ has the same meaning as in section 637(d)(3)(C) of title 15.”

    Enacted provision · exact public law section
    (2) by striking paragraphs (2), (4), (9), and (18);

20. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. A title X § 1080(a) · 137 Stat. 136

    1. Amended · 50 U.S.C. § 4552(7)

       Pub. L. 118–31 designated existing provisions as subpar. (A)

    2. Inserted · 50 U.S.C. § 4552(7)

       Pub. L. 118–31 inserted heading

    3. Substituted · 50 U.S.C. § 4552(7)

       Pub. L. 118–31 substituted “Except as provided in subparagraph (B), the term” for “The term” in introductory provisions

    4. Redesignated · 50 U.S.C. § 4552(7)

       Pub. L. 118–31 redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins

    5. Substituted · 50 U.S.C. § 4552(7)

       Pub. L. 118–31 substituted “clause (i)” for “subparagraph (A)” in cl. (ii)

    6. Added · 50 U.S.C. § 4552(7)

       Pub. L. 118–31 added subpar. (B)

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 118–31 designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), the term” for “The term” in introductory provisions, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins, substituted “clause (i)” for “subparagraph (A)” in cl. (ii), and added subpar. (B).

    Enacted provision · exact public law section
    (a) In General.— Section 702(7) of the Defense Production Act of 1950 (50 U.S.C. 4552(7)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right; (2) by striking “The term” and inserting the following: “(A) In general.— Except as provided in subparagraph (B), the term” ; (3) in clause (ii), as redesignated by paragraph (1), by striking “subparagraph (A)” and inserting “clause (i)”; and (4) by adding at the end the following new subparagraph (B): “(B) Domestic source for title iii.— “(i) In general.— For purposes of title III, the term ‘domestic source’ means a business concern that— “(I) performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item in— “(aa) the United States or Canada; or “(bb) subject to clause (ii), Australia or the United Kingdom; and “(II) procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item. “(ii) Limitations on use of business concerns in australia and united kingdom.— “(I) In general.— A business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under title III relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa). “(II) National defense matter defined.— For purposes of subclause (I), the term ‘national defense matter’ is a matter relating to the development or production of— “(aa) a defense article, as defined in section 301 of title 10, United States Code; or “(bb) materials critical to national security, as defined in section 10(f) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1(f)).” .

33 of 37 references resolved to an enrolled provision · 1 partial · 3 unresolved