50 U.S.C. § 4561 — Authorization of appropriations; avail-

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 Stat. 689; Pub. L. 105–261, div. A, title X, § 1072(b), Oct. 17, 1998, 112 Stat. 2137; Pub. L. 106–65, div. A, title X, § 1063(b), Oct. 5, 1999, 113 Stat. 769; Pub. L. 106–363, § 2, Oct. 27, 2000, 114 Stat. 1407; Pub. L. 107–47, § 3, Oct. 5, 2001, 115 Stat. 260; Pub. L. 108–195, § 2(b), Dec. 19, 2003, 117 Stat. 2892; Pub. L. 110–367, § 3, Oct. 8, 2008, 122 Stat. 4026; Pub. L. 111–67, § 2(b), Sept. 30, 2009, 123 Stat. 2007; Pub. L. 113–172, § 5, Sept. 26, 2014, 128 Stat. 1898; Pub. L. 116–92, div. A, title XVII, § 1705(a), Dec. 20, 2019, 133 Stat. 1797.) TERMINATION OF SECTION For termination of section, see section 4564(a) of this title. Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables. CODIFICATION Section was formerly classified to section 2161 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 2019—Pub. L. 116–92 inserted at end ‘‘In addition to the appropriations authorized by the previous sentence, there is authorized to be appropriated $117,000,000 for each of fiscal years 2020 through 2024 to carry out sub- chapter II.’’ 2014—Pub. L. 113–172 substituted ‘‘is authorized to be appropriated $133,000,000 for fiscal year 2015 and each fiscal year thereafter’’ for ‘‘are hereby authorized to be appropriated such sums as may be necessary and appro- priate’’ and struck out at end ‘‘Funds made available pursuant to this paragraph for the purposes of this chapter may be allocated or transferred for any of the purposes of this chapter, with the approval of the Office of Management and Budget, to any agency designated to assist in carrying out this chapter. Funds so allo- cated or transferred shall remain available for such pe- riod as may be specified in the Acts making such funds available.’’ 2009—Pub. L. 111–67 struck out subsec. (a) designation and heading, struck out provisions relating to excep- tion provided in subsec. (b) and parenthetical provision including sections 4532 and 4533 of this title within pro- visions and purposes of chapter and excluding sections 305 and 306 of act Sept. 8, 1950, ch. 932, from such provi- sions and purposes, and struck out subsec. (b) which re- lated to subchapter II appropriations for fiscal years 1996 through 2009. 2008—Subsec. (b). Pub. L. 110–367 substituted ‘‘2009’’ for ‘‘2008’’. 2003—Subsec. (b). Pub. L. 108–195 substituted ‘‘2008’’ for ‘‘2003’’. 2001—Subsec. (b). Pub. L. 107–47 substituted ‘‘2003’’ for ‘‘2001’’. 2000—Subsec. (b). Pub. L. 106–363 substituted ‘‘2001’’ for ‘‘2000’’. 1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘fiscal years 1996 through 2000’’ for ‘‘the fiscal years 1996, 1997, 1998, and 1999’’. 1998—Subsec. (b). Pub. L. 105–261 substituted ‘‘1998, and 1999’’ for ‘‘and 1998’’. 1995—Subsec. (a). Pub. L. 104–64, § 3(1), struck out paragraph designation ‘‘(1)’’ and former par. (1) heading ‘‘In general’’ and in text substituted ‘‘Except as pro- vided in subsection (b),’’ for ‘‘Except as provided in sub- section (c),’’. Subsecs. (b) to (d). Pub. L. 104–64, § 3(2), added subsec. (b) and struck out former subsec. (b) which authorized appropriations to carry out provisions of section 305(k)(2) of act Sept. 8, 1950, ch. 932, former subsec. (c) which authorized appropriations for fiscal year 1991 to carry out provisions of sections 4531 to 4533 of this title, and former subsec. (d) which authorized appropriations for fiscal years 1993, 1994, and 1995 to carry out sub- chapter II of this chapter. 1992—Subsec. (a). Pub. L. 102–558, § 152(2)(A), inserted heading. Subsec. (a)(1). Pub. L. 102–558, § 152(2)(A), (B), inserted par. heading, substituted ‘‘Except as provided in sub- section (c),’’ for ‘‘Except as provided in paragraph (2) and paragraph (4)’’, and struck out ‘‘and for payment of interest under subsection (b) of this section’’ after ‘‘sections 4532 and 4533 of this title’’. Pub. L. 102–558, § 144, substituted ‘‘Office of Manage- ment and Budget’’ for ‘‘Bureau of the Budget’’. Subsec. (a)(2). Pub. L. 102–558, § 152(2)(C), struck out par. (2) which related to authorization of appropria- tions not to exceed $3,000,000,000 to carry out the provi- sions of section 305 of act Sept. 8, 1950, ch. 932, until the date on which the authority of the President under such section would cease to be effective. Subsec. (a)(3). Pub. L. 102–558, § 152(2)(D), redesignated par. (3) as subsec. (b). See below. Subsec. (a)(4). Pub. L. 102–558, § 152(2)(E), redesignated subpar. (A) as subsec. (c) (see below) and struck out subpar. (B) which read as follows: ‘‘The aggregate amount of loans, guarantees, purchase agreements, and other actions under sections 4531, 4532, and 4533 of this title during fiscal years 1987, 1988, and 1989 may not ex- ceed $150,000,000.’’ Subsec. (b). Pub. L. 102–558, § 152(1), (2)(D), redesig- nated par. (3) of subsec. (a) as subsec. (b), inserted head- ing, struck out ‘‘There are’’ before ‘‘hereby’’, and struck out former subsec. (b) which read as follows: ‘‘Interest shall accrue on (1) the cumulative amount of disbursements to carry out the purposes of sections Page 1143 TITLE 50—WAR AND NATIONAL DEFENSE § 4563 4532 and 4533 of this title (except for storage mainte- nance, and other operating and administrative ex- penses), plus any unpaid accrued interest, less the cu- mulative amount of any funds received on transactions entered into pursuant to sections 4532 and 4533 of this title and any net losses incurred by an agency in car- rying out its functions under sections 4532 and 4533 of this title when the head of the agency determines that such net losses have occurred; and (2) the current mar- ket value of the inventory of materials procured under section 4533 of this title as of the first day of each fiscal year commencing with the fiscal year beginning July 1, 1975. At the close of each fiscal year there shall be de- posited into the Treasury as miscellaneous receipts, from any amounts appropriated under this section, an amount which the Secretary of the Treasury deter- mines necessary to provide for the payment of any in- terest accrued and unpaid under this subsection. The rate of interest shall be determined by the Secretary of the Treasury, taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States with one year remaining to maturity.’’ Subsec. (c). Pub. L. 102–558, § 152(2)(E), redesignated subpar. (A) of par. (4) of subsec. (a) as subsec. (c) and in- serted heading. Subsec. (d). Pub. L. 102–558, § 161, added subsec. (d). 1991—Subsec. (a)(4). Pub. L. 102–99 amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘(4)(A) There are authorized to be appropriated for fiscal year 1990, not to exceed $50,000,000 to carry out the provisions of section 4533 of this title. ‘‘(B) The aggregate amount of loans, guarantees, pur- chase agreements, and other actions under sections 4531, 4532, and 4533 of this title during fiscal year 1990 may not exceed $50,000,000.’’ 1989—Subsec. (a)(4). Pub. L. 101–137 amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘(A) There are authorized to be appropriated for fis- cal years 1987, 1988, and 1989 not to exceed $150,000,000 to carry out the provisions of section 4533 of this title, ex- cept that not more than $30,000,000 is authorized to be appropriated for fiscal year 1987. ‘‘(B) The aggregate amount of loans, guarantees, pur- chase agreements, and other actions under sections 4531, 4532, and 4533 of this title during fiscal years 1987, 1988, and 1989 may not exceed $150,000,000.’’ 1986—Subsec. (a)(4). Pub. L. 99–441 amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘(A) There are authorized to be appropriated to carry out the provisions of section 4533 of this title not to ex- ceed $100,000,000 for fiscal years 1985 and 1986, except that not more than $25,000,000 is authorized to be appro- priated for fiscal year 1985. ‘‘(B) The aggregate amount of loans, guarantees, pur- chase agreements, and other actions under sections 4531, 4532, and 4533 of this title during fiscal years 1985 and 1986 may not exceed $100,000,000.’’ 1984—Subsec. (a)(1), (4). Pub. L. 98–265 inserted ‘‘and paragraph (4)’’ after ‘‘paragraph (2)’’ in par. (1) and added par. (4). 1980—Subsec. (a). Pub. L. 96–294, § 105(a), designated existing provisions as par. (1), inserted exclusions of sections 305 and 306 of act Sept. 8, 1950, ch. 932, ref- erence to funds made available pursuant to this para- graph, and exception for par. (2), and added pars. (2) and (3). 1974—Pub. L. 93–426 designated existing provisions as subsec. (a), inserted reference to sections 4532 and 4533 of this title, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–558 deemed to have be- come effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–99 effective Oct. 20, 1990, see section 7 of Pub. L. 102–99, set out as a note under section 4511 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–294 effective June 30, 1980, see section 107 of Pub. L. 96–294, set out as a note under section 4502 of this title. Executive Documents DELEGATION OF FUNCTIONS 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, Commerce and Trade. § 4562. Territorial application of chapter The provisions of this chapter shall be applica- ble to the United States, its Territories and pos- sessions, and the District of Columbia. (Sept. 8, 1950, ch. 932, title VII, § 713, 64 Stat. 821.) TERMINATION OF SECTION For termination of section, see section 4564(a) of this title. Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables. CODIFICATION Section was formerly classified to section 2163 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4563. Separability If any provision of this chapter or the applica- tion of such provision to any person or cir- cumstances shall be held invalid, the remainder of the chapter, and the application of such pro- vision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Sept. 8, 1950, ch. 932, title VII, § 715, formerly § 714, 64 Stat. 821; renumbered § 715, July 31, 1951, ch. 275, title I, § 110(b), 65 Stat. 144.) TERMINATION OF SECTION For termination of section, see section 4564(a) of this title. Editorial Notes REFERENCES IN TEXT This chapter and the chapter, referred to in text, were in the original ‘‘this Act’’ and ‘‘the Act’’, respec- tively, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables. CODIFICATION Section was formerly classified to section 2164 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section.