4
Sec. 203. Maximizing Domestic Energy Supplies. The authority of
the President to perform the functions provided by subsection 101(c) of
the Act is delegated to the Secretary of Commerce, who shall redelegate
to the Secretary of Energy the authority to make the findings described
in subsection 101(c)(2)(A) that the materials (including equipment),
services, and facilities are critical and essential. The Secretary of
Commerce shall make the finding described in subsection 101(c)(2)(A) of
the Act that the materials (including equipment), services, or
facilities are scarce, and the finding described in subsection
101(c)(2)(B) that it is necessary to use the authority provided by
subsection 101(c)(1).
Sec. 204. Chemical and Biological Warfare. The authority of the
President conferred by subsection 104(b) of the Act is delegated to the
Secretary of Defense. This authority may not be further delegated by
the Secretary.
PART III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
Sec. 301. (a) Financing Institution Guarantees. To expedite or
expand production and deliveries or services under government contracts
for the procurement of industrial resources or critical technology items
essential to the national defense, the head of each Federal department
or agency engaged in procurement for the national defense (referred to
as "agency head" in this part) and the President and Chairman of the
Export-Import Bank of the United States (in cases involving capacity
expansion, technological development, or production in foreign
countries) are authorized to guarantee in whole or in part any public or
private financing institution, subject to provisions of section 301 of
the Act. Guarantees shall be made in consultation with the Department
of the Treasury as to the terms and conditions thereof. The Director of
the Office of Management and Budget ("OMB") shall be informed when such
guarantees are to be made.
(b) Direct Loan Guarantees. To expedite or expand production and
deliveries or services under government contracts for the procurement of
industrial resources or critical technology items essential to the
national defense, each agency head is authorized to make direct loan
guarantees from funds appropriated to their agency for Title III.
(c) Fiscal Agent. Each Federal Reserve Bank is designated and
authorized to act, on behalf of any guaranteeing agency, as fiscal agent
in the making of guarantee contracts and in otherwise carrying out the
purposes of section 301 of the Act.
(d) Regulations. The Board of Governors of the Federal Reserve
System is authorized, after consultation with heads of guaranteeing
departments and agencies, the Secretary of the Treasury, and the
Director, OMB, to prescribe regulations governing procedures, forms,
rates of interest, and fees for such guarantee contracts.
Sec. 302. Loans. (a) To expedite production and deliveries or
services to aid in carrying out government contracts for the procurement
of industrial resources or a critical technology item for the national
defense, an agency head is authorized, subject to the provisions of
section 302 of the Act, to submit to the Secretary of the Treasury or
the President and Chairman of the Export- Import Bank of the United
States (in cases involving capacity expansion, technological
development, or production in foreign countries) applications for loans.
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