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50 U.S.C. § 4559 — Liability for compliance with invalid regulations; discrimination against orders or contracts affected by priorities or allocations
Federal law — U.S. Code and appendices · legal_authorities
No person shall be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with a rule, regulation, or order issued pursuant to this chapter, notwithstanding that any such rule, regulation, or order shall thereafter be declared by judicial or other competent authority to be invalid. No person shall discriminate against orders or contracts to which priority is assigned or for which materials or facilities are allocated under subchapter I of this chapter or under any rule, regulation, or order issued thereunder, by charging higher prices or by imposing different terms and conditions for such orders or contracts than for other generally comparable orders or contracts, or in any other manner.
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Stable record: federal_law:legal_authorities:record_usc_6ae0d0431338ca05565ec919
Source file: Laws/federal/codes/united-states-code/title-50/section-4559-liability-for-compliance-with-invalid-regulations-discrimination-against--5b1131b7e3.md
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Passage SHA-256: 7380b2621c8478dce6a77ea30373f6a21ce085fb3a41b9b45f77b95bd95f8742
Source location: Title 50, Chapter 55, § 4559; chapter-055-defense-production.md
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No person shall be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with a rule, regulation, or order issued pursuant to this chapter, notwithstanding that any such rule, regulation, or order shall thereafter be declared by judicial or other competent authority to be invalid. No person shall discriminate against orders or contracts to which priority is assigned or for which materials or facilities are allocated under subchapter I of this chapter or under any rule, regulation, or order issued thereunder, by charging higher prices or by imposing different terms and conditions for such orders or contracts than for other generally comparable orders or contracts, or in any other manner.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsection (b), any information or documentary material filed with the Secretary or the Secretary’s designee pursuant to this subchapter shall be exempt from disclosure under [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), and no such information or documentary material may be made public.
**(b) Exceptions** Subsection (a) shall not prohibit the disclosure of the following, subject to appropriate confidentiality and classification requirements:
(1) Information relevant to any administrative or judicial action or proceeding.
(2) Information to Congress or any duly authorized committee or subcommittee of Congress.
(3) Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
(4) Identity of a covered foreign person in the public database described in [section 4585 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4585&num=0&edition=prelim).
(5) Information that the parties have consented to be disclosed to third parties.
(6) Information gathered by the Secretary or the Secretary’s designee where the disclosure is determined to be in the national security interest, which may include publication of anonymized data.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4501
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Appropriate congressional committees** — Except as provided in [section 4584(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4584/d&num=0&edition=prelim), the term “appropriate congressional committees” means—
(A) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate.
(2) **Country of concern** — The term “country of concern” means—
(A) the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions;
(B) the Republic of Cuba;
(C) the Islamic Republic of Iran;
(D) the Democratic People’s Republic of Korea;
(E) the Russian Federation; and
(F) the Bolivarian Republic of Venezuela under the regime of Nicolas Maduro Moros.
(3) **Covered foreign person** — Subject to regulations prescribed in accordance with this subchapter, the term “covered foreign person” means a foreign person that—
(A) is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern;
(B) is a member of the Central Committee of the Chinese Communist Party or is a member of the political leadership of a country of concern;
(C) is subject to the direction or control of a country of concern, as defined by regulation, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof); or
(D) is owned in the aggregate, directly or indirectly, 50 percent or more by a country of concern, an entity described in subparagraph
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4502
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to [section 4559 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4559&num=0&edition=prelim) and subsection (b), the President may prescribe such regulations and issue such orders as the President may determine to be appropriate to carry out this chapter.
**(b) Procurement regulations** Any procurement regulation, procedure, or form issued pursuant to subsection (a) shall be issued pursuant to section 25 of the Office of Federal Procurement Policy Act [now [41 U.S.C. 1302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1302&num=0&edition=prelim), 1303], and shall conform to any governmentwide procurement policy or regulation issued pursuant to section 6 or 25 of that Act [see [41 U.S.C. 1121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1121&num=0&edition=prelim) et seq., 1302, 1303].
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4556
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption from Administrative Procedure Act** Any regulation issued under this chapter shall not be subject to sections 551 through 559 of title 5.
**(b) Opportunity for notice and comment**
(1) **In general** — Except as provided in subsection (c), any regulation issued under this chapter shall be published in the Federal Register and opportunity for public comment shall be provided for not less than 30 days, consistent with the requirements of [section 553(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim).
(2) **Waiver for temporary provisions** — The requirements of paragraph (1) may be waived, if—
(A) the officer authorized to issue the regulation finds that urgent and compelling circumstances make compliance with such requirements impracticable;
(B) the regulation is issued on a temporary basis; and
(C) the publication of such temporary regulation is accompanied by the finding made under subparagraph (A) (and a brief statement of the reasons for such finding) and an opportunity for public comment is provided for not less than 30 days before any regulation becomes final.
(3) **Consideration of public comments** — All comments received during the public comment period specified pursuant to paragraph (1) or (2) shall be considered and the publication of the final regulation shall contain written responses to such comments.
**(c) Public comment on procurement regulations** Any procurement policy, regulation, procedure, or form (including any amendment or modification of any such policy, regulation, procedure, or form) issued under this chapter shall be subject to [section 1707 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1707&num=0&edition
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4561
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may prohibit, in accordance with regulations issued under subsection (e), a United States person, including its controlled foreign entities, from knowingly engaging in a covered national security transaction in any prohibited technology.
**(b) Evasion** Any action that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in subsection (a) is prohibited.
**(c) Exemptions**
(1) **National interest exemption** — Subject to subsection (d), the Secretary is authorized to exempt from the prohibition set forth in subsection (a) any activity determined by the President, in consultation with the Secretary, or delegated to the Secretary, in coordination with the Secretary of Commerce, the Secretary of State, and, as appropriate, the heads of other relevant Federal departments and agencies, to be in the national interest of the United States.
(2) **Intelligence exemption** — Regulations issued under subsection (e) shall not apply to any authorized intelligence activities of the United States.
**(d) Congressional notification** The Secretary shall—
(1) notify the appropriate congressional committees not later than five business days after issuing an exemption under subsection (c); and
(2) include in such notification an identification of the national interest justifying the use of the exemption, subject to appropriate confidentiality and classification requirements.
**(e) Regulations**
(1) **In general** — The Secretary, in consultation with the Secretary of Commerce, the Secretary of State and, as appropriate, the heads of other relevant Federal departments and agencies, may issue or update existing regulations to carry out this section subject to public notice an
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4583
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory notification** Not later than 450 days after December 18, 2025, the Secretary shall issue regulations prescribed in accordance with subsection (b), to require a United States person that itself or whose controlled foreign entity knowingly engages in a covered national security transaction in a prohibited technology (unless the Secretary has exercised the authority provided by [section 4581(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4581/a&num=0&edition=prelim) to prohibit knowingly engaging in such covered national security transaction) or a notifiable technology to submit to the Secretary a written notification of the transaction not later than 30 days after the completion date of the transaction.
**(b) Regulations**
(1) **In general** — Not later than 450 days after December 18, 2025, the Secretary, in consultation with the Secretary of Commerce, the Secretary of State, and, as appropriate, the heads of other relevant Federal departments and agencies, shall issue regulations to carry out this section subject to public notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, and not subject to the requirements of [section 4559 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4559&num=0&edition=prelim). The regulations issued pursuant to this paragraph shall as necessary, amend, terminate, supersede, revoke, or streamline existing requirements in part 850 of title 31, Code of Federal Regulations (the Outbound Investment Rule) and shall provide a reasonable timeframe for compliance.
(2) **Low-burden regulations** — In issuing regulations under paragraph (1), the Secretary should balance the priority of protecting the national s
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4584
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Federal law — U.S. Code and appendices · legal_authorities
Page 1139
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4560
Functions conferred upon President under this sec-
tion necessary to effect changes in composition of, or
to take other action respecting voluntary agreements
and programs relating to, small business production
pools approved prior to July 31, 1953, delegated to Ad-
ministrator of Small Business Administration by Ex.
Ord. No. 10493, Oct. 14, 1953, 18 F.R. 6583, set out as a
note under section 640 of Title 15, Commerce and Trade.
Functions of President under this chapter relating to
production, conservation, use, control, distribution,
and allocation of energy, delegated to Secretary of En-
ergy, 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.
For delegation of authority of President under sub-
secs. (c) and (d) of this section, see sections 401 and 402
of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16656, set out
as a note under section 4553 of this title.
§ 4559. Public participation in rulemaking
(a) Exemption from Administrative Procedure
Act
Any regulation issued under this chapter shall
not be subject to sections 551 through 559 of title
5.
(b) Opportunity for notice and comment
(1) In general
Except as provided in subsection (c), any
regulation issued under this chapter shall be
published in the Federal Register and oppor-
tunity for public comment shall be provided
for not less than 30 days, consistent with the
requirements of section 553(b) of title 5.
(2) Waiver for temporary provisions
The requirements of paragraph (1) may be
waived, if—
(A) the officer authorized to issue the reg-
ulation finds that urgent and compelling cir-
cumstances make compliance with such re-
quirements impracticable;
(B) the regulation is
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4559
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