(f) Except as otherwise specifically provided, as used in this title (1) The term 'housing accommodations' means any building, structure, or part thereof, or land appurtenant thereto, or any other real or personal property rented or offered for rent for living or dwelling puposes (including houses, apartments, hotels, rooming-or boarding-houses accommodations, and other properties used for living or dwelling purposes) together with all privileges, services, furnishings, furniture, and facilities connected with the use or occupancy of such property.

(2) The term 'controlled housing accommodations' means housing accommodations on which a maximum rent is in effect under this title in any rent control area.

(3) The term 'rent control area' means any area in the United States, its Territories and possessions, in which rents for housing accommodations were controlled under the Housing and Rent Act of 1947, as amended, immediately prior to the effective date of this title (which were known as defense-rental areas) and any other area designated by the President as an area where, in his judgment, rent stabilization may be or is necessary to effectuate the purposes of this title or defense activities have resulted or threaten to result in an increase in the rents for rental accommodations inconsistent with the purposes of this title.

4) The term 'rent' means the consideration, including any bonus, benefit or gratuity demanded or received for or in connection with the use or occupancy of housing accommodations, or the transfer of a lease of housing accommodations. "SEC. 453. (a) The Congress recognizes that, since rent is a substantial component in the cost of doing business, there is a direct relationship between the stabilization of prices and wages and the stabilization of commercial rents. Since the impact of increases in commercial rents on the stabilization program is of vital importance to small-business enterprises, it is the intention of the Congress that the authority conferred by this section shall be exercised with particular emphasis for the protection of independent small-business enterprises.

"(b) Whenever in the judgment of the President rents for business accommodations in any rent control area have increased or threaten to increase above the rents generally prevailing upon such date as he deems appropriate, but in no event earlier than June 24, 1950, and in his judgment the stabilization of such rents is necessary or proper in order to effectuate the purposes of this title, or to promote the national defense, the President may establish maximum rents for such accommodations which in his judgment are generally fair and equitable and will effectuate the purposes of this title, and which take into account adjustment for such relevant factors as he shall determine and deem to be of general applicability in respect to such accommodations or any class of such accommodations.

(c) The President may make such individual and general adjustments increasing or decreasing any maximum rents on business accommodations established under this section, in any rent-control area or any portion thereof, or with respect to any business accommodations or any class of business accommodations within any such area or any portion thereof, as may be necessary to remove hardships or to correct other inequities, or further to carry out the purposes of this title.

d) Whenever the President shall have exercised the powers under subsection (b) of this section, the provisions of sections 454, 458, and 459 of this title shall apply with full force and effect to this section, to business accommodations and maximum rents under this section, and to any rule, regulation, order or requirement issued under this section.

"(e) As used in this section—

(1) The term 'business accommodations' means any building, structure, or part thereof, or land appurtenant thereto, to any other real property rented or offered for rent for other than living or dwelling purposes, together with all privileges, services, furnishings, furniture, fixtures, equipment, and facilities connected with the use or occupancy of such property, except that the term shall not include property used solely for agricultural purposes.

(2) The term 'rent' means the consideration, including any bonus, benefit, or gratuity demanded or received for or in connection with the use or occupancy of business accommodations, or the transfer of a lease of business accommodations.

"SEC. 454. (a) The President is authorized and directed to create local advisory boards or to continue in existence local advisory boards created under the Housing and Rent Act of 1947, as amended, in any rent control area or portion

thereof in which rents of housing accommodations are being regulated under this title. The President shall, whenever in his judgment there is need therefor, create or continue in existence such local advisory boards in any rent control area or portion thereof in which rents for housing accommodations are not being regulated under this title. Each such board shall consist of not less than five members who are citizens of the area and who, insofar as practicable, as a group are representative of the affected interests in the area, to be appointed by the President from recommendations made by the respective governors: Provided, That in any case where the governor has made no recommendation for original appointments to local advisory boards or appointments to fill vacancies within thirty days after request therefor (subsequent to the effective date of this title) the President shall without such recommendations appoint the original members of such boards or such members as may be required to fill vacancies. Nothing in the foregoing provisions shall require the reappointment of present members of local advisory boards, but any change in membership of any local advisory board shall be effectuated as promptly as may be practicable after the need for appointment shall arise.

"(b) Such boards may make such recommendations to the President as to housing accommodations within their jurisdiction as they may deem advisable with respect to the establishment, reestablishment, continuation, or removal of maximum rents, general adjustments of maximum rents, and operations generally of local rent offices (including recommendations for changes in the regulations, operating procedures and recommendations as to rent adjustments in individual cases). The President shall give due consideration to the recommendations of local advisory boards, and if in his judgment such recommendations effectuate the purposes of this title, he shall promptly take measures to place such recommendations in effect.

"(c) The President shall furnish the local advisory boards suitable office space, stenographic assistance, and reporting services for public hearings (including attendance fees) and shall make available to such boards any records and other information in the possession of the President with respect to the establishment and maintenance of maximum rents and housing accommodations in the respective rent control areas which may be requested by such boards.

"SEC. 455. (a) At any time within six months after the effective date of any regulation or within sixty days of the effective date of any order relating to rent control under this title, or in the case of new grounds arising after the effective date of any such regulation relating to rent control, within six months after such new grounds arise, any person subject to any provision of such regulation or order may, in accordance with regulations to be prescribed by the President, file a protest specifically setting forth objections to any such provision and affidavits or other written evidence in support of such objections. Statements in support of any such regulation or order may be received and incorporated in the transcript of proceedings at such times and in accordance with such regulations as may be prescribed by the President. Within a reasonable time after the filing of any protest under this section, but in no event more than thirty days after such filing, the President shall either grant or deny such protest in whole or in part, notice such protest for hearing, or provide an opportunity to present further evidence in connection therewith. In the event that the President denies any such protest in whole or in part, he shall inform the protestant of the grounds upon which such decision is based and of any economic data and other facts of which the President has taken official notice.

"(b) In the administration of this title, the President may take official notice of economic data and other facts, including facts found by him as a result of action taken under section 705 of this Act.

"(c) Any proceedings under this section may be limited by the President to the filing of affidavits, or other written evidence and the filing of briefs. Any protest filed under this section shall be granted or denied by the President, or granted in part and the remainder of it denied within a reasonable time after it is filed. Any protestant who is aggrieved by undue delay on the part of the President in disposing of his protest may petition the Emergency Court of Appeals for relief; and such court shall have jurisdiction by appropriate order to require the President to dispose of such protest within such time as may be fixed by the court and if the President does not act finally within the time fixed by the court, the protest shall be deemed to be denied at the expiration of that period.

"SEC. 456. As to any person aggrieved by the denial or partial denial of his protest by an order issued on or after the effective date of this title section 408

of this Act shall apply, except that for the purposes hereof the references in section 408 to sections 407, 409, and 706 shall mean sections 455, 457, and 458, respectively, and the term 'price controls' shall mean 'rent controls'.

"SEC. 457. (a) Any person who demands, accepts, receives, or retains any payment of rent in excess of the maximum rent prescribed under the provisions of this title, or any regulation, order or requirement thereunder, shall be liable to the person from whom such payment is demanded, accepted, received, or retained (or shall be liable to the United States as hereinafter provided) for reasonable attorney's fees and costs as determined by the court, plus liquidated damages in the amounts of (1) $50, or (2) not more than three times the amount by which the payment or payments demanded, accepted, received, or retained exceed the maximum rent which could lawfully be demanded, accepted, received, or retained, as the court in its discretion may determine, whichever in either case may be the greater amount: Provided, That the amount of such liquidated damages shall be the amount of the overcharge or overcharges if the defendant proves that the violation was neither willful nor the result of failure to take practicable precautions against the occurrence of the violation.

(b) Any person who unlawfully evicts a tenant shall be liable to the person so evicted (or shall be liable to the United States as hereinafter provided) for reasonable attorney's fees and costs as determined by the court, plus liquidated damages (calculated on a monthly basis) in the amounts of (1) one month's rent or $50, whichever is greater, or (2) not more than three times such monthly rent, or $150, whichever is greater: Provided, That the amount of such liquidated damages shall be the amount of one month's rent or $50, whichever is greater, if the defendant proves that the violation was neither willful nor the result of failure to take practicable precautions against the occurrence of the violation. "e) Suit to recover liquidated damages as provided in this section may be brought, notwithstanding any other provisions of this Act, in any Federal court of competent jurisdiction regardless of the amount involved, or in any State or Territorial court of competent jurisdiction, within one year after the date of violation: Provided, That if the person from whom such payment is demanded, accepted, received, or retained, or the person wrongfully evicted, either fails to institute an action under this section within thirty days from the date of the occurrence of the violation or is not entitled for any reason to bring the action, the United States may settle the claim arising out of the violation or within one year after the date of violation may institute such action. If such claim is settled or such action is instituted, the person from whom such payment is demanded, accepted, received, or retained, or the perSon wrongfully evicted, shall thereafter be barred from bringing an action for the same violation or violations. For the purpose of determining the amount of liquidated damages to be awarded to the plaintiff in an action brought under subsection (a) of this section, all violations alleged in an action under said subsection (a) which were committed by the defendant with respect to the plaintiff prior to the bringing of such an action shall be deemed to constitute one violation and, in such action under subsection (a) of this section, the amount demanded, accepted, received, or retained in connection with such one violation shall be deemed to be the aggregate amount demanded, accepted, received, or retained in connection with all such violations. A judgment for damages or on the merits in any action under either subsection (a) or (b) of this section shall be a bar to any recovery under the same subsection of this section in any other action against the same defendant on account of any violation with respect to the same person prior to the institution of the action in which such judgment was rendered.

"SEC. 458. (a) (1) It shall be unlawful for any person to demand, accept, receive, or retain any rent for the use or occupancy of any controlled housing accommodations in excess of the maximum rent prescribed under this title, or otherwise to do or omit to do any act, in violation of this title, or of any regulation or order or requirement under this title, or to offer, solicit, attempt, or agree to do any of the foregoing.

(2) It shall be unlawful for any person to evict, remove, or exclude, or cause to be evicted, removed, or excluded any tenant from any controlled housing accommodations in any manner or upon any grounds except as authorized or permitted by the provisions of this title or any regulation, order, or requirement thereunder, and any person who lawfully gains possession from a tenant of any controlled housing accommodations, and thereafter fails fully to comply with such requirements or conditions as may have been imposed for such possession by the pro

83762-51-pt. 1- -2

visions of this title or any regulation, order, or requirement thereunder, shall also be deemed to have unlawfully evicted such tenant and shall be liable to such tenant, or to the United States, as provided in this title. It shall also be unlawful for any person to remove or attempt to remove from any controlled housing accommodations the tenant or occupant thereof or to refuse to renew the lease or agreement for the use of such accommodations, because such tenant or occupant has taken, or proposes to take, action authorized or required by this title or any regulation, order, or requirement thereunder.

"(b) Any person who willfully violates any provision of this title, or any regulation, order, or requirement issued thereunder, shall, upon conviction thereof, be subject to a fine of not more than $5,000 or to imprisonment for not more than one year, or both such fine and imprisonment. Whenever the President has reason to believe that any person is liable for punishment under this subsection, he may certify the facts to the Attorney General, who may, in his discretion, cause appropriate proceedings to be brought.

"(c) Whenever in the judgment of the President any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of section 458 of this title, he may make application to any Federal court of competent jurisdiction regardless of the amount involved, or to any State or Territorial court of competent jurisdiction, for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the President that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, restraining order, or other order, with or without such injunction or restraining order, shall be granted without bond.

"SEC. 459. Whenever in the judgment of the President such action is necessary or proper in order to effectuate the purposes of this title, he may, by regulation or order, regulate or prohibit speculative or manipulative practices or renting or leasing practices (including practices relating to recovery of the possession) in connection with any controlled housing accommodations, which in his judgment are equivalent to or are likely to result in rent increases inconsistent with the purposes of this Act.

"SEC. 460. The President shall administer the authority contained in this title through the new independent agency created pursuant to section 403 of this Act.

"SEC. 461. Nothing in this title shall be construed to require any person to offer any accommodations for rent.

"SEC. 462. While maximum rents are in effect under this title with respect to rental accommodations in any rent control area, such rental accommodations shall not be subject to rent control by any State or local government.

"SEC. 463. As to offenses committed or rights or liabilities incurred prior to the termination of this title, the provisions of this title and regulations, orders, and requirements thereunder shall be treated as still remaining in full force for the purpose of sustaining any proper suit, action, or prosecution with respect to any such right, liability, or offense, notwithstanding the termination of this title in accordance with section 716 of this Act."

CONTROL OF CREDIT

SEC. 106 (a) Paragraph (1) of subsection (d) of section 602 of the Defense Production Act of 1950 is amended by striking out the first two sentences and inserting in lieu thereof the following sentence: "Real estate construction credit' means any credit which (i) is wholly or partly secured by, (ii) is for the purpose of purchasing or carrying, (iii) is for the purpose of financing, or (iv) involves a right to acquire or use, any real property or any construction thereon whether existing or proposed."

(b) Section 603 of the Defense Production Act of 1950 is amended to read as follows:

"SEC. 603. Any person who willfully violates any provision of section 601, 602, or 605 or any regulation or order issued thereunder, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than one year, or both."

(c) Section 605 of the Defense Production Act of 1950 is amended by adding at the end thereof the following sentence: "Subject to the provision of this section with respect to preserving the relative credit preferences accorded to veterans under existing law, the President may require lenders or borrowers and their successors and assigns to comply with reasonable conditions and require

ments, in addition to those provided by other laws, in connection with any loan of a type which has been the subject of action by the President under this section. Such conditions and requirements may vary for classifications of persons or transactions as the President may prescribe, and failure to comply therewith shall constitute a violation of this section."

(d) Title VI of the Defense Production Act of 1950 is amended by striking out the heading "CONTROL OF CONSUMER AND REAL ESTATE CREDIT" and inserting in lieu thereof the heading "CONTROL OF CREDIT"; by striking out the subheading "THIS TITLE AUTHORIZES THE REGULATION OF CONSUMER CREDIT AND REAL ESTATE CONSTRUCTION CREDIT ONLY" and inserting in lieu thereof the subheading "SUBTITLE A-CONSUMER AND REAL ESTATE CREDIT"; and by adding to such title at the end thereof the following new subtitle:

"SUBTITLE B-COMMODITY SPECULATION

"SEC. 611. The Commodity Exchange Act, as amended (42 Stat. 998; 49 Stat. 1491: 52 Stat. 205; 54 Stat. 1059), is further amended by inserting at the end of section 4a the following:

*(5) (A) Whenever the President determines that the nature or extent of speculative trading on boards of trade causes or threatens to cause sudden or unreasonable fluctuations or unwarranted changes in the price of any commodity, he may prescribe rules and regulations governing the margain to be required with respect to the speculative purchase or speculative sale of any such commodity for future delivery, or the maintenance of a speculative position in any such commodity for future delivery, on or subject to the rules of any board of trade, whether or not designated as a contract market under section 5 of this Act: Provided, That to sech rule or regulation shall be applicable to bona fide hedging transactions.

(B) It shall be unlawful for any person to buy or sell, or accept orders for the purchase or sale of any such commodity for future delivery, subject to the rules of any board of trade, or maintain or carry a position resulting from such purchase or sale, unless margin funds or securities are deposited and maintained in compliance with the rules and regulations promulgated under this paragraph (5). The provisions of paragraph (4) of this section, insofar as they relate to futures commission merchants, shall not apply to the requirements of this paragraph (5). No floor broker shall be deemed to have violated this paragraph (5) with respect to any transaction in connection with which he has acted solely in the capacity of floor broker.

"(C) All money, securities, or property deposited as margin shall be handled by the person receiving such margin in compliance with the requirements of section 4d (2), regardless of whether such person is a futures commission merchant as defined in this Act and, for the purpose of this provision, the term 'contract market', as used in section 4d (2) shall be deemed to mean board of trade.

"(D) It shall be unlawful for any person to engage in soliciting or accepting orders for the purchase or sale of any commodity for future delivery on any board of trade, whether or not such board of trade is designated as a contract market, unless such person shall keep a record in writing showing the date, the parties to such contracts and their addresses, the commodity covered and its price, the terms of delivery, and the amount and kind of margin deposited. Such record shall be kept for a period of three years from the date of the transaction and shall at all times be open to the inspection of any representative of any agency of the United States designated for the purpose by the President.

(E) For the purpose of this paragraph (5) the term 'commodity' shall mean, in addition to those commodities specifically mentioned in section 2 (a) of this At, any other agricultural or forest product or byproduct.

(F) For the efficient execution of the provisions of this paragraph (5), the provisions of section 21 of the Securities Exchange Act of 1934 (48 Stat. 899), as amended, are made applicable to the jurisdiction, powers, and duties of the President in administering and enforcing the provisions of this paragraph (5) and to any person subject thereto.

"(G) Sections 4a and 4i of the Act are extended and made applicable to any commodity as defined in (E) above, and for the purposes of this subparagraph (3) the term 'contract market' as used in sections 4a and 4i shall be deemed to Lean board of trade."

GENERAL PROVISIONS

SEC. 107. The table of contents of the Defense Production Act of 1950 is amended by striking out "Authority to requisition" and inserting in lieu thereof