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50 U.S.C. § 4561 — Public participation in rulemaking
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
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Stable record: federal_law:legal_authorities:record_usc_9c87d8f8375227c58c501112
Source file: Laws/federal/codes/united-states-code/title-50/section-4561-public-participation-in-rulemaking--669c9b0093.md
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Source location: Title 50, Chapter 55, § 4561; chapter-055-defense-production.md
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**(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=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Covered Policies, Regulations, Procedures, and Forms.—**
(1) **Required comment period.—** — Except as provided in subsection (d), a procurement policy, regulation, procedure, or form (including an amendment or modification thereto) may not take effect until 60 days after it is published for public comment in the Federal Register pursuant to subsection (b) if it—
(A) relates to the expenditure of appropriated funds; and
(B)
(i) has a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form; or
(ii) has a significant cost or administrative impact on contractors or offerors.
(2) **Exception.—** — A policy, regulation, procedure, or form may take effect earlier than 60 days after the publication date when there are compelling circumstances for the earlier effective date, but the effective date may not be less than 30 days after the publication date.
**(b) Publication in Federal Register and Comment Period.—** Subject to subsection (c), the head of the agency shall have published in the Federal Register a notice of the proposed procurement policy, regulation, procedure, or form and provide for a public comment period for receiving and considering the views of all interested parties on the proposal. The length of the comment period may not be less than 30 days.
**(c) Contents of Notice.—** Notice of a proposed procurement policy, regulation, procedure, or form prepared for publication in the Federal Register shall include—
(1) the text of the proposal or, if it is impracticable to publish the full text of the proposal, a summary of the proposal and a statement specifying the name, address, and telephone number of the officer or employee of the executive agency from whom the full te
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1707
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4559
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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
**(a) Establishment of Fund** There is established in the Treasury of the United States a separate fund to be known as the “Defense Production Act Fund” (in this section referred to as the “Fund”).
**(b) Moneys in Fund** There shall be credited to the Fund—
(1) all moneys appropriated for the Fund, as authorized by [section 4561 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4561&num=0&edition=prelim); and
(2) all moneys received by the Fund on transactions entered into pursuant to [section 4533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4533&num=0&edition=prelim).
**(c) Use of Fund** The Fund shall be available to carry out the provisions and purposes of this subchapter, subject to the limitations set forth in this chapter and in appropriations Acts.
**(d) Duration of Fund** Moneys in the Fund shall remain available until expended.
**(e) Fund balance** The Fund balance at the close of each fiscal year shall not exceed $750,000,000, excluding any moneys appropriated to the Fund during that fiscal year or obligated funds. If, at the close of any fiscal year, the Fund balance exceeds $750,000,000, the amount in excess of $750,000,000 shall be paid into the general fund of the Treasury.
**(f) Fund manager** The President shall designate a Fund manager. The duties of the Fund manager shall include—
(1) determining the liability of the Fund in accordance with subsection (g);
(2) ensuring the visibility and accountability of transactions engaged in through the Fund; and
(3) reporting to the Congress each year regarding activities of the Fund during the previous fiscal year.
**(g) Liabilities against Fund** When any agreement entered into pursuant to this subchapter after Dec
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4551
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Federal law — U.S. Code and appendices · legal_authorities
Page 1142
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4561
the United States International Development Fi-
nance Corporation, see section 2 of Ex. Ord. No. 13922,
May 14, 2020, 85 F.R. 30583, set out as a note under sec-
tion 4532 of this title.
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 under section 761 of Title 15, Com-
merce and Trade.
For delegation of authority of President under sub-
secs. (b), (c), and (e) of this section, see sections 501(b)
and 502 of Ex. Ord. No. 13603, Mar. 16, 2012, 77 F.R. 16656,
set out as a note under section 4553 of this title.
§ 4561. Authorization of appropriations; avail-
ability of funds
There
is
authorized
to
be
appropriated
$133,000,000 for fiscal year 2015 and each fiscal
year thereafter for the carrying out of the provi-
sions and purposes of this chapter by the Presi-
dent and such agencies as he may designate or
create. In addition to the appropriations author-
ized by the previous sentence, there is author-
ized to be appropriated $117,000,000 for each of
fiscal years 2020 through 2024 to carry out sub-
chapter II.
(Sept. 8, 1950, ch. 932, title VII, § 711, 64 Stat. 820;
Pub. L. 93–426, § 3, Sept. 30, 1974, 88 Stat. 1167;
Pub. L. 96–294, title I, § 105(a), June 30, 1980, 94
Stat. 632; Pub. L. 98–265, § 5, Apr. 17, 1984, 98 Stat.
151; Pub. L. 99–441, § 3, Oct. 3, 1986, 100 Stat. 1117;
Pub. L. 101–137, § 9(b), Nov. 3, 1989, 103 Stat. 826;
Pub. L. 102–99, § 3, Aug. 17, 1991, 105 Stat. 487;
Pub. L. 102–558, title I, §§ 144, 152, 161, Oct. 28,
1992, 106 Stat. 4218, 4219; Pub. L. 104–64, § 3, Dec.
18, 1995, 109 S
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4561
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