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50 U.S.C. § 4534 — Loans to private business enterprises
Federal law — U.S. Code and appendices · legal_authorities
**(a) Loan authority** To reduce current or projected shortfalls of industrial resources, critical technology items, or materials essential for the national defense, the President may make provision for loans to private business enterprises (including nonprofit research corporations and providers of critical infrastructure) for the creation, maintenance, expansion, protection, or restoration of capacity, the development of technological processes, or the production of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals.
**(b) Conditions of loans** Loans may be made under this section on such terms and conditions as the President deems necessary, except that—
(1) financial assistance may be extended only to the extent that it is not otherwise available from private sources on reasonable terms; and
(2) during periods of national emergency declared by the Congress or the President, no such loan may be made unless the President determines that—
(A) the loan is for an activity that supports the production or supply of an industrial resource, critical technology item, or material that is essential to the national defense;
(B) without the loan, United States industry cannot reasonably be expected to provide the needed capacity, technological processes, or materials in a timely manner;
(C) the loan is the most cost-effective, expedient, and practical alternative method for meeting the need;
(D) the prospective earning power of the loan applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan in accordance with the terms of the loan, as determined by the President; and
(E) the loan bears interest at a rate determined by the Secretary of
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4534
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Source file: Laws/federal/codes/united-states-code/title-50/section-4534-loans-to-private-business-enterprises--d7ea1f6236.md
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Source location: Title 50, Chapter 55, § 4534; chapter-055-defense-production.md
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**(a) Loan authority** To reduce current or projected shortfalls of industrial resources, critical technology items, or materials essential for the national defense, the President may make provision for loans to private business enterprises (including nonprofit research corporations and providers of critical infrastructure) for the creation, maintenance, expansion, protection, or restoration of capacity, the development of technological processes, or the production of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals.
**(b) Conditions of loans** Loans may be made under this section on such terms and conditions as the President deems necessary, except that—
(1) financial assistance may be extended only to the extent that it is not otherwise available from private sources on reasonable terms; and
(2) during periods of national emergency declared by the Congress or the President, no such loan may be made unless the President determines that—
(A) the loan is for an activity that supports the production or supply of an industrial resource, critical technology item, or material that is essential to the national defense;
(B) without the loan, United States industry cannot reasonably be expected to provide the needed capacity, technological processes, or materials in a timely manner;
(C) the loan is the most cost-effective, expedient, and practical alternative method for meeting the need;
(D) the prospective earning power of the loan applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan in accordance with the terms of the loan, as determined by the President; and
(E) the loan bears interest at a rate determined by the Secretary of the Treasury to be reasonable, taking into account the then-current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.
**(c) Limitations on loans** Loans under this section may be—
(1) made or guaranteed under the authority of this section only to the extent that an appropriations Act—
(A) provides, in advance, budget authority for the cost of such guarantees, as defined in [section 661a of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section661a&num=0&edition=prelim); and
(B) establishes a limitation on the total loan principal that may be guaranteed; and
(2) made without regard to the limitations of existing law, other than [section 1341 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim).
**(d) Aggregate loan amounts**
(1) **In general** — If the making of any loan under this section to correct a shortfall would cause the aggregate outstanding amount of all obligations of the Federal Government under this subchapter relating to such shortfall to exceed $50,000,000, such loan may be made only—
(A) if the President has notified the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, in writing, of the proposed loan; and
(B) after the 30-day period following the date on which notice under subparagraph (A) is provided.
(2) **Waivers authorized** — The requirements of paragraph (1) may be waived—
(A) during a period of national emergency declared by the Congress or the President; and
(B) upon a determination by the President, on a nondelegable basis, that a specific loan is necessary to avert an industrial resource or critical technology shortfall that would severely impair national defense capability.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement in House of Representatives** It shall not be in order in the House of Representatives to consider a rule or order that waives the application of [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim).
**(b) Disposition of points of order**
(1) **Application to House of Representatives** — This subsection shall apply only to the House of Representatives.
(2) **Threshold burden** — In order to be cognizable by the Chair, a point of order under [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) or subsection (a) of this section must specify the precise language on which it is premised.
(3) **Question of consideration** — As disposition of points of order under [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) or subsection (a) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order.
(4) **Debate and intervening motions** — A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be.
(5) **Effect on amendment in order as original text** — The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendm
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 661
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Federal law — U.S. Code and appendices · legal_authorities
At the written request of a Senator, the Director shall, to the extent practicable, prepare an estimate of the direct costs of a Federal intergovernmental mandate contained in an amendment of such Senator.
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 661a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Objectives** The Congress hereby declares that the general welfare and the common defense and security require positive and effective action to conserve scarce energy supplies, to insure fair and efficient distribution of, and the maintenance of fair and reasonable consumer prices for, such supplies, to promote the expansion of readily usable energy sources, and to assist in developing policies and plans to meet the energy needs of the Nation.
**(b) Necessity for reorganization** The Congress finds that to help achieve these objectives, and to assure a coordinated and effective approach to overcoming energy shortages, it is necessary to reorganize certain agencies and functions of the executive branch and to establish a Federal Energy Administration.
**(c) Creation of Federal Energy Administration** The sole purpose of this chapter is to create an administration in the executive branch, called the Federal Energy Administration, to vest in the Administration certain functions as provided in this chapter, and to transfer to such Administration certain executive branch functions authorized by other laws, where such transfer is necessary on an interim basis to deal with the Nation’s energy shortages.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 761
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register.
**(b)** Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1621
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) the availability of materials is essential for national security, economic well-being, and industrial production;
(2) the availability of materials is affected by the stability of foreign sources of essential industrial materials, instability of materials markets, international competition and demand for materials, the need for energy and materials conservation, and the enhancement of environmental quality;
(3) extraction, production, processing, use, recycling, and disposal of materials are closely linked with national concerns for energy and the environment;
(4) the United States is strongly interdependent with other nations through international trade in materials and other products;
(5) technological innovation and research and development are important factors which contribute to the availability and use of materials;
(6) the United States lacks a coherent national materials policy and a coordinated program to assure the availability of materials critical for national economic well-being, national defense, and industrial production, including interstate commerce and foreign trade; and
(7) notwithstanding the enactment of [section 21a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section21a&num=0&edition=prelim), the United States does not have a coherent national materials and minerals policy.
**(b) Definitions.—** In this chapter:
(1) **Critical mineral.—** — The term “critical mineral” means any mineral, element, substance, or material designated as critical by the Secretary under [section 1606(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1606/c&num=0&edition=prelim).
(2) **Materials.—** — The term “materials” means substances, inc
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Participation** Small business concerns shall be given the maximum practicable opportunity to participate as contractors, and subcontractors at various tiers, in all programs to maintain and strengthen the Nation’s industrial base and technology base undertaken pursuant to this chapter.
**(b) Administration of chapter** In administering the programs, implementing regulations, policies, and procedures under this chapter, requests, applications, or appeals from small business concerns shall, to the maximum extent practicable, be expeditiously handled.
**(c) Advisory committee participation** Representatives of small business concerns shall be afforded the maximum opportunity to participate in such advisory committees as may be established pursuant to this chapter.
**(d) Information** Information about this chapter and activities undertaken in accordance with this chapter shall be made available to small business concerns.
**(e) Allocations under section 4511** Whenever the President makes a determination to exercise any authority to allocate any material pursuant to [section 4511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4511&num=0&edition=prelim), small business concerns shall be accorded, to the extent practicable, a fair share of such material, in proportion to the share received by such business concerns under normal conditions, giving such special consideration as may be possible to emerging small business concerns.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4553
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Federal law — U.S. Code and appendices · legal_authorities
This chapter, divided into subchapters, may be cited as “the Defense Production Act of 1950”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4511
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In providing any assistance under this chapter, the President shall accord a strong preference for small business concerns which are subcontractors or suppliers, and, to the maximum extent practicable, to such small business concerns located in areas of high unemployment or areas that have demonstrated a continuing pattern of economic decline, as identified by the Secretary of Labor.
**(b) Modernization of equipment**
(1) **In general** — Funds authorized under subchapter II may be used to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of this chapter.
(2) **Small business suppliers** — In considering proposals for subchapter II projects under paragraph (1), the President shall provide a strong preference for proposals submitted by a small business supplier or subcontractor whose proposal—
(A) has the support of the department or agency which will provide the guarantee;
(B) reflects that the small business concern has made arrangements to obtain qualified outside assistance to support the effective utilization of the advanced manufacturing equipment being proposed for installation; and
(C) meets the requirements of section 4531, 4532, or 4533 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4532
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as specified in this subchapter or any other provision of law, an officer or employee of the United States Government or of the District of Columbia government may not—
(A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation;
(B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law;
(C) make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or
(D) involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.
(2) This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government.
**(b)** An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation.
**(c)**
(1) In this subsection—
(A) the term “covered lapse in appropriations” means any lapse in appropriations that begins on or after December 22, 2018;
(B) the term “District of Columbia public employer” means—
(i) the District of Columbia Courts;
(ii) the Public Defender Service for the District of Columbia; or
(iii) the District of Columbia government;
(C) the term “employee” includes an officer; and
(D) the term “excepted employee” means an excepted employee or an employee performing
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1341
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4531
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