(b) In carrying out the functions conferred upon him by this order, the Director of the Office of Emergency Planning shall, among other things:

(1) Perform the central programming functions incident to the determination of the production programs required to meet defense needs.

(2) Make determinations as to the provision of adequate facilities for defense production and as to the procedure and methods followed by agencies of the Government with respect to the accomplishments of defense production programs.

(3) Be the certifying authority for the purposes of and within the meaning of subsections (e) and (g) of Section 124A of the Internal Revenue Code, as added by section 216 of the Revenue Act of 1950, approved September 23, 1950 [section 124A of Title 26 I.R.C. 1939].

(4) Issue such directives, consonant with law, on policy and program to officers and agencies of the Government for execution by them as may be necessary to carry out the functions assigned to him by this order, and resolve interagency issues which otherwise would require the attention of the President.

(5) Report to the President from time to time concerning his operations under this order.

SEC. 102. [Revoked. Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061].

PART II. PRIORITIES AND ALLOCATIONS

SEC. 201. (a) The functions conferred upon the President by Title I of the Defense Production Act of 1950, as amended [sections 2071-2073 of this Appendix], are hereby delegated to the Director of the Office of Emergency Planning, who shall, in carrying out the said functions, provide by redelegation or otherwise for their performance, subject to the provisions of section 101 of this order, by

(1) The Secretary of the Interior with respect to petroleum, gas, solid fuels and electric power.

(2) The Secretary of Agriculture with respect to food and with respect to the domestic distribution of farm equipment and commercial fertilizer.

(3) The Commissioner of the Interstate Commerce Commission who is responsible for the supervision of the bureau which administers the car-service functions of the Commission as set forth in paragraphs 10 to 17, inclusive, of section 1 of the Interstate Commerce Act, as amended [section 1 of Title 49], with respect to domestic transportation, storage, and port facilities, or the use thereof, but excluding air transport, coastwise, intercoastal, and overseas shipping.

(4) The Secretary of Commerce with respect to all other materials and facilities.

(b) Findings made under or pursuant to and for the purposes of section 101 (b) of the Act [section 2071 (b) of this Appendix] shall not be effective until approved by the Director of the Office of Emergency Planning.

PART III. EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY SEC. 301. The Department of Defense, the Atomic Energy Commission, the Department of Commerce, the Department of the Interior, the Department of Agriculture, the General Services Administration, and the National Aeronautics and Space Administration, in this Part referred to as guaranteeing agencies, each officer having functions delegated to him pursuant to section 201(a) of this order, and each other agency of the Government having mobilization functions, shall, within areas of production designated by the Director of the Office of Emergency Planning, develop and promote measures for the expansion of productive capacity and of production and supply of materials and facilities necessary for the national defense.

SEC. 302. (a) Each guaranteeing agency is hereby authorized, in accordance with section 301 of the Defense Production Act of 1950, as amended [section 2091 of this Appendix], subject to the provisions of this section, in order to expedite production and deliveries or services under Government contracts, and without regard to provisions of law relating to the making, performance, amendment, or modification of contracts, to guarantee in whole or in part any public or private financing institution

uding any Federal Reserve Bank), by commitArchase, agreement to share losses, or otherwise, s of principal or interest on any loan, discount, 00-71-vol. 11-26

or advance, or on any commitment in connection therewith, which may be made by such financing institution for the purpose of financing any contractor, subcontractor, or other person in connection with the performance of any contract or other operation deemed by the guaranteeing agency to be necessary to expedite production and deliveries or services under Government contracts for the procurement of materials or the performance of services for the national defense, or for the purpose of financing any contractor, subcontractor, or other person in connection with or in contemplation of the termination, in the interest of the United States, of any contract made for the national defense; but no small business concern (as defined in section 714(a)(1) of the said Act [former section 2164 (a) (1) of this Appendix]) shall be held ineligible for the issuance of such a guaranty by reason of alternative sources of supply.

(b) Each Federal Reserve Bank is hereby designated and authorized to act, on behalf of any guaranteeing agency, as fiscal agent of the United States in the making of such contracts of guarantee and in otherwise carrying out the purposes of section 301 of the said Act, as amended [section 2091 of this Appendix], in respect to private financing institutions.

(c) All actions and operations of Federal Reserve Banks, under authority of or pursuant to section 301 of the said Act, as amended [section 2091 of this Appendix], shall be subject to the supervision of the Board of Governors of the Federal Reserve System. Said Board is hereby authorized, after consultation with the heads of the guaranteeing agencies, (1) to prescribe such regulations governing the actions and operations of fiscal agents hereunder as it may deem necessary, (2) to prescribe, either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees. and other charges which may be made in connection with loans, discounts, advances, or commitments guaranteed by the guaranteeing agencies through such fiscal agents and (3) to prescribe regulations governing the forms and procedures (which shail be uniform to the extent practicable) to be utilized in connection with such guarantees.

SEC. 303. The Administrator of General Services is hereby authorized and directed to purchase and make commitments to purchase metals, minerals, and other materials, for Government use or resale, as authorized by and subject to the provisions of section 303 of the Defense Production Act of 1950, as amended [section 2093 of this Appendix]: Provided, That the Secretary of Agriculture may also exercise the said functions under section 303 of the said Act, as amended [section 2093 of this Appendix], with respect to food, and with respect to plant fibers (except abaca) not included in the definition of food to the extent that the procurement of such fibers involves the encouragement and development of sources of supply within the United States and its Territories and possessions.

SEC. 304. The Director of the Office of Emergency Planning is hereby authorized and directed to encourage the exploration, development, and mining of critical and strategic minerals and metals, and to make provision for the development of substitutes for strategic and critical materials, as authorized by and subject to the provisions of section 303 of the Defense Production Act of 1950, as amended [section 2093 of this Appendix].

SEC. 305. The Administrator of General Services is hereby authorized and directed to make subsidy payments, to determine the amounts, manner, terms, and conditions thereof, and to make findings, as authorized by and subject to the provisions of section 303 (c) of the Defense Production Act of 1950, as amended [section 2093 (c) of this Appendix].

SEC. 306. The functions conferred upon the President by section 303 (e) of the Defense Production Act of 1950, as amended [section 2093 (e) of this Appendix], with respect to the installation of additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the United States Government, and with respect to the installation of Government-owned equipment in plants, factories, and other industrial facilities owned by private persons, are hereby delegated to the Administrator of General Services.

SEC. 307. The functions conferred upon the President by section 303 (f) of the Defense Production Act of 1950, as amended (section 2093 (f) of this Appendix], with respect to transfers to the stockpile referred to in the said section, are hereby delegated to the Director of the Office of Emergency Planning.

SEC. 308. The authority conferred upon the President by section 304 (b) of the Defense Production Act of 1950, as amended [section 2094 (b) of this Appendix], to approve borrowing from the Treasury of the United States is hereby delegated to the Director of the Office of Emergency Planning.

SEC. 309. All functions provided for in sections 303 to 307, inclusive, and in sections 310 and 311 of this order, shall be carried out within such amounts of funds as may be made available pursuant to the Defense Production Act of 1950, as amended [sections 2061, 2062, 20712073, 2091-2094, 2151-2163 and 2164-2166 of this Appendix].

SEC. 310. (a) The Secretary of the Treasury, hereafter in this section referred to as the Secretary, is hereby authorized and directed to make loans (including participations in, or guarantees of, loans) to private business enterprises (including research corporations not organized for profit) for the expansion of capacity, the development of technological processes, and the production of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals, exclusive of such expansion, development and production in foreign countries, as authorized by and subject to section 302 of the Defense Production Act of 1950, as amended [section 2092 of this Appendix]. The functions assigned to the Secretary by this section include the administration and servicing of all loans (including participations in, or guarantees of, loans) made by the Reconstruction Finance Corporation prior to September 29, 1953, pursuant to the said section 302 [section 2092 of this Appendix].

(b) Loans under section 310 (a) hereof (1) shall be made upon such terms and conditions as the Secretary shall determine, (2) shall be made only after the Secretary has determined in each instance that financial assistance is not available on reasonable terms from private sources or from other governmental sources, and (3) shall be made only upon certificate of essentiality of the loan, which certificate shall be made by the Director of the Office of Emergency Planning.

(c) Applications for loans under section 310 (a) hereof shall be received from applicants by the Secretary or by such agencies of the Government as the Secretary shall designate for this purpose.

SEC. 311. (a) The Export-Import Bank of Washington is hereby authorized and directed to make loans (including participations in, or guarantees of, loans) to private business enterprises, for the expansion of capacity, the development of technological processes, and the production of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals, in those cases where such expansion, development or production is carried on in foreign countries, as authorized by and subject to section 302 of the Defense Production Act of 1950, as amended [section 2092 of this Appendix].

(b) Loans under section 311 (a) hereof (1) shall be made upon such terms and conditions as the said Bank shall determine, (2) shall be made only after the Bank has determined in each instance that financial assistance is not available on reasonable terms from private sources and that the loan involved cannot be made under the provisions of and from funds available to the Bank under the Export-Import Bank Act of 1945, as amended [chapter 6A of Title 12], and (3) shall be made only upon certificate of essentiality of the loan, which certificate shall be made by the Director of the Office of Emergency Planning.

(c) Applications for loans under section 311 (a) hereof shall be received from applicants by the said Bank or by such agencies of the Government as the Bank shall designate for this purpose.

SEC. 312. The functions conferred by sections 303, 305 and 306 of this order shall be carried out in accordance with programs certified by the Director of the Office of Emergency Planning. Each officer and agency of the Government having mobilization functions shall make

recommendations to the Director of the Office of Emergency Planning for the issuance of certificates or other action under sections 302 and 303 of the Defense Production Act of 1950, as amended [sections 2092 and 2093 of this Appendix], and for the issuance of certificates under subsections (e) and (g) of section 168 of the Internal Revenue Code of 1954 [Title 26], with respect to the materials and facilities which are, pursuant to the designation of areas of production by the Director of the Office of Emergency Planning under section 301 of this order, as amended, within the jurisdiction of such officer or agency.

SEC. 313. The Director of the Office of Emergency Planning is hereby authorized and directed to submit to the Congress the reports required by the second proviso of section 304(b) of the Defense Production Act of 1950, as amended [section 2094 (b) of this title].

PART IV. LABOR SUPPLY

SEC. 401. The Secretary of Labor shall utilize the functions vested in him so as to meet most effectively the labor needs of defense industry and essential civilian employment, and to this end he shall:

(a) Assemble and analyze information on, and make a continuing appraisal of, the nation's labor requirements for defense and other activities and the supply of workers. All agencies of the Government shall cooperate with the Secretary in furnishing information necessary for this purpose.

(b) Consult with and advise each delegate of the Director of the Office of Emergency Planning referred to in section 201(a) of this order and each official of the Government exercising guarantee or loan functions under Part III of this order concerning (1) the effect of contemplated actions on labor supply and utilization, (2) the relation of labor supply to materials and facilities requirements, (3) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor.

(c) Formulate plans, programs, and policies for meeting defense and essential civilian labor requirements. (d) Utilize the public employment service system, and enlist the cooperation and assistance of management and labor to carry out these plans and programs and accomplish their objectives.

(e) Determine the occupations critical to meeting the labor requirements of defense and essential civilian activities and with the Secretary of Defense, the Director of Selective Service, and such other persons as the Director of the Office of Emergency Planning may designate and develop policies applicable to the induction and deferment of personnel for the armed services, except for civilian personnel in the reserves.

PART V. VOLUNTARY AGREEMENTS

SEC. 501. The functions conferred upon the President by section 708 of the Defense Production Act of 1950, as amended [section 2158 of this Appendix], are hereby delegated to the Director of the Office of Emergency Planning. Each officer of the Government to whom functions under Title I of the Defense Production Act of 1950, as amended [sections 2071-2073 of this Appendix], are delegated or otherwise assigned by the Director of the Office of Emergency Planning under section 201(a) hereof may, with respect to the materials and facilities within his jurisdiction, carry out the consultations referred to in subsection 708 (a) of that Act [section 2158 (a) of this Appendix], and make recommendations to the Director of the Office of Emergency Planning for the approval of voluntary agreements and programs as provided in section 708 of that Act [section 2158 of this Appendix].

PART VI. GENERAL PROVISIONS

SEC. 601. As used in this order:

(a) The term "functions" includes powers, duties, authority, responsibilities, and discretion.

(b) The term "materials" includes raw materials, articles, commodities, products, supplies, components, technical information, and processes, but excludes fissionable materials as defined in the Atomic Energy Act of 1946 [former chapter 14, present chapter 23 of Title 42].

(c) The term "petroleum" shall mean crude oil and synthetic liquid fuel, their products, and associated hydrocarbons, including pipelines for the movement thereof.

(d) The term "gas" shall mean natural gas and manufactured gas, including pipelines for the movement thereof.

(e) The term "solid fuels" shall mean all forms of anthracite, bituminous, subbituminous, and lignitic coals; coke; and coal chemicals.

(f) The term "electric power" shall mean all forms of electric power and energy, including the generation, transmission, distribution, and utilization thereof.

(g) The term "metals and minerals" shall mean all raw materials of mineral origin, including their refining and processing but excluding their fabrication.

(h) The term "food" shall mean all commodities and products, simple, mixed, or compound, or complements to such commodities or products, that are capable of being eaten or drunk by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. For the purposes of this order the term "food" shall also include all starches, sugars, vegetable and animal fats and oils, cotton, tobacco, wool, mohair, hemp, flax fiber, and naval stores, but shall not include any such material after it loses its identity as an agricultural commodity or agricultural product.

(1) The term "farm equipment" shall mean equipment manufactured for use on farms in connection with the production or processing of food.

(1) The term "fertilizer" shall mean fertilizer in form for distribution to the users thereof.

(k) The term "domestic transportation, storage, and port facilities" shall include locomotives, cars, motor vehicles, watercraft used on inland waterways, in harbors, and on the Great Lakes, and other vehicles, vessels, and all instrumentalities of shipment or carriage, irrespective of ownership, and all services in or in connection with the carriage of persons or property in intrastate, interstate, or foreign commerce within the United States, its Territories and possessions, and the District of Columbia, except movement of petroleum and gas by pipeline; and warehouses, piers, docks, wharves, loading and unloading equipment, and all other structures and facilities used in connection with the transshipment of persons and property between domestic carriers and carriers engaged in coastwise, intercoastal, and overseas transportation.

SEC. 602. (a) Except as otherwise provided in section 602 (c) of this order, each officer or agency of the Government having functions under the Defense Production Act of 1950, as amended [sections 2061, 2062, 20712073. 2091-2094, 2151-2163 and 2164-2168 of this Appendix], delegated or assigned thereto by or pursuant to this Executive order may exercise and perform, with respect to such functions, the functions vested in the President by Title VII of the said Act [sections 21512163 and 2164-2166 of this Appendix].

(b) The functions which may be exercised and performed pursuant to the authority of section 602 (a) of this order shall include, but not by way of limitation, (1) except as otherwise provided in section 708 (c) of the Defense Production Act of 1950, as amended [section 2158 of this Appendix], the power to redelegate functions, and to authorize the successive redelegation of functions, to agencies, officers, and employees of the Government, (2) the power to create an agency or agencies, under the jurisdiction of the officer concerned, to administer functions delegated or assigned by or pursuant to this order, and (3) in respect of Part II of this order, the power of subpoena: Provided, That the subpoena power shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer referred to in section 602 (a) of this order or by such other person or persons as he shall designate.

(c) There are excluded from the functions delegated by section 602 (a) of this order (1) the functions delegated by Part V of this Order, (2) the functions of the President with respect to regulations under section 710 (b), (c), (d) and (e) of the Defense Production Act of 1950, as amended [section 2160 (b), (c), (d), (e) of this Appendix], and (3) the functions of the President with

respect to fixing compensation under section 703 (a) of the said Act [subsection (a) of this section].

(d) [Deleted].

SEC. 603. All agencies of the Government (including, as used in this order, departments, establishments, and corporations) shall furnish to each officer of the Government to whom functions under the Defense Production Act of 1950, as amended [sections 2061, 2062, 20712073, 2091-2094, 2151-2163 and 2164-2168 of this Appendix], are delegated or assigned by or pursuant to this order such information relating to defense production or procurement, or otherwise relating to the said functions, delegated or assigned to such officer by or pursuant to this order as may be required to perform those functions.

1951

SEC. 604. The Defense Materials Procurement Agency established by Executive Order No. 10281 of August 28, (16 F.R. 8789) [see note under this section], is hereby abolished and the personnel, records, property, and unexpended balances of appropriations, allocations and other funds thereof shall be transferred from it to the General Services Administration for use in connection with the functions assigned or delegated to the Administrator of General Services by or pursuant to this order or for purposes of liquidation, as the said Administrator shall determine.

SEC. 605. The Economic Stabilization Agency, established by Executive Order No. 10161 of September 9, 1950 (see note under section 2071 of this Appendix], is continued to October 31, 1953, under the direction of the Director of the Office of Emergency Planning who shall serve ex officio as the Economic Stabilization Administrator for the purpose of winding up and liquidating the affairs of said Agency.

SEC. 606. All orders, regulations, rulings, certificates, directives and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent herewith or are hereafter amended or revoked under proper authority, and nothing in this order shall affect the validity or force of anything heretofore done under previous delegations or other assignment of authority under the Defense Production Act of 1950, as amended [sections 2061, 2062, 2071-2073, 2091-2094, 2151-2163 and 2164-2168 of this Appendix].

SEC. 607. The following are superseded or revoked: (1) Executive Order No. 10161 of September 9, 1950 (15 F. R. 6105).

(2) Executive Order No. 10169 of October 11, 1950 (15 F. R. 6901).

(3) Executive Order No. 10193 of December 16, 1950 (15 F. R. 9031).

(4) Executive Order No. 10200 of January 3, 1951 (16 F. R. 61).

(5) Executive Order No. 10223 of March 10, 1951 (18 F. R. 2247).

(6) Executive Order No. 10281 of August 28, 1951 (16 F. R. 8789).

(7) Executive Order No. 10324 of February 6, 1952 (17 F. R. 1171).

(8) Executive Order No. 10359 of June 9, 1952 (17 F. R. 5269).

(9) Executive Order No. 10373 of July 14, 1952 (17 F. R. 6425).

(10) Executive Order No. 10377 of July 25, 1952 (17 F. R. 6891).

(11) Executive Order No. 10390 of August 30, 1952 (17 F. R. 7995).

(12) Executive Order No. 10433 of February 4, 1953 (18 F. R. 761).

(13) Executive Order No. 10467 of June 30, 1953 (18 F. R. 3777).

SEC. 608. To the extent that any provision of any prior Executive Order (including Executive Order No. 10461 of June 17, 1953 (18 F. R. 3513)) [set out as a note under this section] is inconsistent with the provisions of this order, the latter shall control and such prior provision is amended accordingly. The following designated orders, modified as required to conform them to the provisions of this order, shall remain in effect:

Executive Order No. 10182 of November 21, 1950 (15 F. R. 8013), as amended by Executive Order No. 10205 of

January 16, 1951 (16 F. R. 419) [set out as a note under section 2160 of this Appendix].

Executive Order No. 10219 of February 28, 1951 (16 F. R. 1983) [set out as a note under section 2093 of this Appendix].

Executive Order No. 10224 of March 15, 1951 (16 F. R. 2543) [set out as a note under this section].

EXECUTIVE ORDER NO. 10660

Ex. Ord. No. 10660, Feb. 16, 1956, 21 F.R. 1117, as amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, which established a National Defense Executive Reserve, was superseded by Ex. Ord. No. 11179, Sept. 22, 1964, 29 F.R. 13239, set out as a note under this section.

Ex. ORD. No. 11179. NATIONAL DEFENSE EXECUTIVE RESERVE Ex. Ord. No. 11179, Sept. 22, 1964, 29 FR. 13239, provided:

By virtue of the authority vested in me by the Constitution and statutes of the United States, including Sections 703 (a) and 710(e) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2153 (a); 2160(e)), and as President of the United States, it is hereby ordered as follows:

SECTION 1. There shall be in the Executive Branch of the Government a National Defense Executive Reserve composed of persons selected from various segments of the civilian economy and from government for training for employment in executive positions in the Federal Government in the event of the occurrence of an emergency that requires such employment.

SEC. 2. The Director of the Office of Emergency Planning (hereinafter referred to as the Director) shall administer the Executive Reserve program; coordinate the activities of other agencies in establishing units of the Reserve; provide for appropriate standards of recruitment and training; approve prospective members of the Executive Reserve; and issue necessary rules and regulations in connection with the program.

SEC. 3. The Director, in carriyng out his responsibilities under this order, may utilize the services of other departments and agencies in the maintenance of agency and centralized rosters and in the development of training programs and materials.

SEC. 4. (a) The head of any department or agency of the Government (hereinafter referred to as a Secretary), designated by the Director after appropriate consultation, may establish a unit of the Executive Reserve (hereinafter referred to as Executive Reserve Units) in his respective department or agency.

(b) Executive Reserve Units existing under Executive Order No. 10660 of February 15, 1956, as amended, on the date of this order shall henceforth be deemed to be Executive Reserve Units under this order.

SEC. 5. Membership in Executive Reserve Units shall be subject to the following:

(1) Subject to the provisions of this order, particularly paragraph (4) of this section, an individual who on the date of this order was a member of an Executive Reserve Unit under Executive Order No. 10660 may continue to serve therein without further designation.

(2) A Secretary desiring to designate an individual to serve as a member of an Executive Reserve Unit of his department or agency shall submit the name of the prospective designee to the Director for approval. Upon approval of the prospective designee by the Director, the Secretary concerned may designate the individual as a member of the Executive Reserve Unit of his department or agency.

(3) An individual whose membership in an Executive Reserve Unit has at any time expired, or is at any time about to expire, under the terms of this order may be redesignated as a member under the procedure set forth in paragraph (2) of this section.

(4) Without limiting the authority of the respective Secretaries to terminate the membership of any individual in an Executive Reserve Unit at any time, it is directed that continued service of a member under paragraph (1) of this section, and the designation or redesignation of a member under paragraph (2) or (3) of this section, respectively (including any designation of an

individual occurring at the expiration of his continued service under paragraph (1)), shall be for a period not to exceed three years. SEC. 6. Activities of any person by reason of his continuance, designation, or redesignation as an Executive Reservist under this order shall not include acting or advising on any matter pending before any department or agency but shall be limited to receiving training for mobilization assignments under the Reserve program.

SEC. 7. The Director shall report to the President annually, and at such other times as may be appropriate, on the status and operation of the Executive Reserve program.

SEC. 8. Executive Order No. 10660 of February 15, 1956, entitled "Providing for the Establishment of a National Defense Executive Reserve," as amended, is hereby superseded.

LYNDON B. JOHNSON.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2061, 2072, 2093, 2151, 2152, 2154 to 2163, 2164 to 2166, 2182, 2183 of this Appendix

§ 2154. Rules, regulations, and orders.

The President may make such rules, regulations, and orders as he deems necessary or appropriate to carry out the provisions of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix]. Any regulation or order under this Act [said sections] may be established in such form and manner, may contain such classifications and differentiations, and may provide for such adjustments and reasonable exceptions as in the judgment of the President are necessary or proper to effectuate the purposes of this Act [said sections], or to prevent circumvention or evasion, or to facilitate enforcement of this Act [said sections], or any rule, regulation, or order issued under this Act [said sections]. No rule, regulation, or order issued under this Act [said sections] which restricts the use of natural gas (either directly, or by restricting the use of facilities for the consumption of natural gas, or in any other manner) shall apply in any State in which a public regulatory agency has authority to restrict the use of natural gas and certifies to the President that it is exercising that authority to the extent necessary to accomplish the objectives of this Act [said sections]. (Sept. 8, 1950, ch. 932, title VII, § 704, 64 Stat. 816; July 31, 1951, ch. 275, title I, § 109 (c), 65 Stat. 139.)

AMENDMENTS

1951-Act July 31, 1951 limited authority to regulate natural gas where a State agency is handling the matter. TERMINATION DATE

Termination of this section on June 30, 1972, see section 2166(a) of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2093, 2151 to 2153, 2155 to 2163, 2164 to 2168, 2182, 2183 of this Appendix.

§ 2155. Investigations; records; reports; subpenas; right to counsel.

(a) The President shall be entitled, while this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] is in effect and for a period of two years thereafter, by regulation, subpena, or otherwise, to obtain such information from, require such reports and the keeping of such records by, make such inspection of the

books, records, and other writings, premises or property of, and take the sworn testimony of, and administer oaths and affirmations to, any person as may be necessary or appropriate, in his discretion, to the enforcement or the administration of this Act [said sections] and the regulations or orders issued thereunder. The President shall issue regulations insuring that the authority of this subsection will be utilized only after the scope and purpose of the investigation, inspection, or inquiry to be made have been defined by competent authority, and it is assured that no adequate and authoritative data are available from any Federal or other responsible agency. In case of contumacy by, or refusal to obey a subpena served upon, any person referred to in this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the President, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(b) Repealed. Pub. L. 91-452, title II, § 251, Oct. 15, 1970, 84 Stat. 931.

(c) The production of a person's books, records, or other documentary evidence shall not be required at any place other than the place where such person usually keeps them, if, prior to the return date specified in the regulations, subpena, or other document issued with respect thereto, such person furnishes the President with a true copy of such books, records, or other documentary evidence (certified by such person under oath to be a true and correct copy) or enters into a stipulation with the President as to the information contained in such books. records, or other documentary evidence. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

(d) Any person who willfully performs any act prohibited or willfully fails to perform any act required by the above provisions of this section, or any rule, regulation, or order thereunder, shall upon conviction be fined not more than $1,000 or imprisoned for not more than one year or both.

(e) Information obtained under this section which the President deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information shall not be published or disclosed unless the President determines that the withholding thereof is contrary to the interest of the national defense, and any person willfully violating this provision shall, upon conviction, be fined not more than $10,000, or imprisoned for not more than one year, or both.

All information obtained by the Office of Price Stabilization under this section 705, as amended, and not made public prior to April 30, 1953, shall be deemed confidential and shall not be published or disclosed, either to the public or to another Federal agency except the Congress or any duly authorized committee thereof, and except the Department of Justice for such use as it may deem necessary in the performance of its functions, unless the President determines that the withholding thereof is contrary to the interests of the national defense, and

any person willfully violating this provision shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both.

(f) Any person subpenaed under this section shall have the right to make a record of his testimony and to be represented by counsel. (Sept. 8, 1950, ch. 932, title VII, § 705, 64 Stat. 816; July 31, 1951, ch. 275, title I, § 109 (d), 65 Stat. 139; June 30, 1952, ch. 530, title I, § 117, 66 Stat. 306; June 30, 1953, ch. 171, § 9, 67 Stat. 131; Oct. 15, 1970, Pub. L. 91-452, title II, § 251, 84 Stat. 931.)

REFERENCES IN TEXT

The Office of Price Stabilization, referred to in the second par. of subsec. (e), was created by General Order 2 of the Economic Stabilization Administrator on Jan. 2, 1951. The Director of Price Stabilization, provided for in Ex. Ord. No. 10161, Sept. 9, 1950, 15 F.R. 6105, as amended, set out in note under section 2071 of this Appendix, was designated to head the office. For suspension of wage and price controls, see Ex. Ord. No. 10434, Feb. 6, 1953, 18 F.R. 809, set out in note under former section 2101 of this Appendix.

AMENDMENTS

1970-Subsec. (b). Pub. L. 91-452 struck out subsec. (b) which related to the immunity from prosecution of any natural person compelled to testify or produce evidence, documentary or otherwise, after claiming his privilege against self-incrimination, and that any such immunity granted would not be construed to vest in any individual any right to priorities assistance, to the allocation of materials, or to any other benefit within the power of the President to grant under sections 2061 to 2166 of this Appendix.

1953-Subsec. (e). Act June 30, 1953 added second par. 1952-Subsec. (f). Act June 30, 1952 added subsec. (f). 1951-Subsec. (a). Act July 31, 1951 made it clear that the President has authority to administer oaths and affirmations.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-452 effective on the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91452, set out as a note under section 6001 of Title 18, Crimes and Criminal Procedure.

SAVINGS PROVISION

Amendment by Pub. L. 91-452 not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as a note under section 6001 of Title 18, Crimes and Criminal Procedure.

TERMINATION DATE

Termination of this section on June 30, 1972, see section 2166(a) of this Appendix.

CROSS REFERENCES

Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2093, 2151 to 2154, 2156 to 2163, 2164 to 2166, 2182, 2183 of this Appendix.

§ 2156. Jurisdiction of courts; injunctions; venue; process; effect of termination of Act.

(a) 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 this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix], he may make application to the appropriate court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon