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50 U.S.C. § 4551 — Defense Production Act Fund

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4551 — Defense Production Act Fund

**(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

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Source file: Laws/federal/codes/united-states-code/title-50/section-4551-defense-production-act-fund--c384542d73.md
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Source location: Title 50, Chapter 55, § 4551; chapter-055-defense-production.md

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4553 — Small business

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4561 — 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 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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50 U.S.C. § 4532 — Modernization of small business suppliers

**(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.

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50 U.S.C. § 4501 — Exemption from disclosure

**(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.

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50 U.S.C. § 4533 — Presidential authorization for the national defense

**(a) Expediting production and deliveries or services** (1) **Authorized activities** — To reduce current or projected shortfalls of industrial resources, critical technology items, or essential materials needed for national defense purposes, subject to such regulations as the President may prescribe, the President may authorize a guaranteeing agency to provide guarantees of loans by private institutions for the purpose of financing any contractor, subcontractor, provider of critical infrastructure, or other person in support of production capabilities or supplies that are deemed by the guaranteeing agency to be necessary to create, maintain, expedite, expand, protect, or restore production and deliveries or services essential to the national defense. (2) **Presidential determinations required** — Except during a period of national emergency declared by Congress or the President, a loan guarantee may be entered into under this section only if the President determines that— (A) the loan guarantee is for an activity that supports the production or supply of an industrial resource, critical technology item, or material that is essential for national defense purposes; (B) without a loan guarantee, credit is not available to the loan applicant under reasonable terms or conditions sufficient to finance the activity; (C) the loan guarantee is the most cost effective, expedient, and practical alternative for meeting the needs of the Federal Government; (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 to be guaranteed; (E) the loan to be guaranteed bears interest at a rate determined by the Secretary of the Treasury to be reasonable, taking into ac

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50 U.S.C. § 4513 — Priority in contracts and orders

**(a) Allocation of materials, services, and facilities** The President is hereby authorized (1) to require that performance under contracts or orders (other than contracts of employment) which he deems necessary or appropriate to promote the national defense shall take priority over performance under any other contract or order, and, for the purpose of assuring such priority, to require acceptance and performance of such contracts or orders in preference to other contracts or orders by any person he finds to be capable of their performance, and (2) to allocate materials, services, and facilities in such manner, upon such conditions, and to such extent as he shall deem necessary or appropriate to promote the national defense. **(b) Critical and strategic materials** The powers granted in this section shall not be used to control the general distribution of any material in the civilian market unless the President finds (1) that such material is a scarce and critical material essential to the national defense, and (2) that the requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship. **(c) Domestic energy; materials, equipment, and services** (1) Notwithstanding any other provision of this chapter, the President may, by rule or order, require the allocation of, or the priority performance under contracts or orders (other than contracts of employment) relating to, materials, equipment, and services in order to maximize domestic energy supplies if he makes the findings required by paragraph (3) of this subsection. (2) The authority granted by this subsection may not be used to require prior

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50 U.S.C. § 4555 — Civilian personnel

Any officer or agency head may— (1) appoint civilian personnel without regard to [section 5331(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5331/b&num=0&edition=prelim) and without regard to the provisions of title 5 governing appointments in the competitive service; and (2) fix the rate of basic pay for such personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule, as the President deems appropriate to carry out this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4551 — Small business

Page 1122 TITLE 50—WAR AND NATIONAL DEFENSE § 4551 SUBCHAPTER III—GENERAL PROVISIONS Editorial Notes CODIFICATION Subchapter is comprised of the portions of title VII of act Sept. 8, 1950, ch. 932, as amended, that had not pre- viously been repealed when title VII was editorially re- classified as this subchapter. § 4551. Small business (a) Participation Small business concerns shall be given the maximum practicable opportunity to partici- pate as contractors, and subcontractors at var- ious 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 con- cerns. (e) Allocations under section 4511 Whenever the President makes a determina- tion to exercise any authority to allocate any material pursuant to section 4511 of this title, small business concerns shall be accorded, to the extent practicable, a fair share of such material, in proportion to the share received by such busi- ness concerns under normal conditions, giving such special consideration as may be possible to emerging small business concerns. (Sept. 8, 1950, ch. 932, title VII, § 701, 64

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