§ 2077. Strengthening domestic capability

(a) In general

Utilizing the authority of title III of this Act [sections 2091 to 2094 of this Appendix] 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 2304(b)(1)(B) or section 2304(c)(3) of title 10, United States Code;

(ii) section 303(b)(1)(B) or section 303(c)(3) of the Federal Property and Administrative Services Act of 1949 [now 41 U.S.C. 3303(a)(1)(B), 3304(a)(3)]; 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.)

References In Text

References in Text

Section 303(b)(1)(B) or section 303(c)(3) of the Federal Property and Administrative Services Act of 1949, referred to in subsec. (b)(2)(B)(ii), means subsecs. (b)(1)(B) or (c)(3) of section 303 of act June 30, 1949, ch. 288, which were classified to section 253(b)(1)(B), (c)(3) of former Title 41, Public Contracts, and were repealed and restated as sections 3303(a)(1)(B) and 3304(a)(3), respectively, of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855.

Amendments

Amendments

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, 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 a critical component for purposes of this Act, 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”.

Effective Date

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 2062 of this Appendix.

Termination Date

Termination Date

Termination of section, see section 2166(a) of this Appendix.

Delegation Of Functions

Delegation of Functions

Functions of the President under act Sept. 8, 1950 [section 2061 et seq. of this Appendix], 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 2153 of this Appendix.