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S. 1081 (83rd): An Act to provide authority for temporary economic controls, and for other purposes

The text of the bill below is as of Jun 30, 1953 (Passed Congress).


67    STAT.]           PUBLIC LAW 9 5 - J U N E 30, 1953                                                 129

     mortgagor is regulated or restricted pursnant to the last sentence
     of this section or ( 2 ) " ; and
        (2) by adding the following new sentence at the end of said sec-
     tion : "Without limiting the authority of the Commissioner under
     any other provision of law, the Commissioner is hereby authorized,
     with respect to any mortgagor in such case (except where the Alaska
     Housing Authority is the mortgagor or mortgagee), to require the
     mortgagor to be regulated or restricted as to rents or sales, charges,
     capital structure, rate of return, and methods of operation to such
     an extent and in such manner as the Commissioner determines
     advisable to provide reasonable rentals and sales prices and a rea-
     sonable return on the investment."
     Approved June 30, 1953.


Public Law 95                                                    C H A P T E R 171
                                     AN ACT                                               June 30, 1953
To provide a u t h o r i t y for temporary economic controls, and for other purposes.       [S. 108I]

   Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That this Act may                         Defense Produc-
                                                                                        tion A c t Amend-
be cited as the "Defense Production Act Amendments of 1953".                            ments of 1953.
   SEC. 2. Section 2 of the Defense Production Act of 1950, as amended,                   64 Stat. 798.
                                                                                          50 u s e app.
is amended to read as follows:                                                          2062.

                            'DECLARATION OF POLICY

   "SEC. 2. I n view of the present international situation and in order
to provide for the national defense and national security our mobiliza-
tion effort continues to require some diversion of certain materials and
facilities from civilian use to military and related purposes. I t also
requires expansion of productive facilities beyond the levels needed to
meet the civilian demand."
   SEC. 3. Section 101 of the Defense Production Act of 1950, as                          5 0 U S C app.
                                                                                        2071.
amended, is amended to read as follows:
   "SEC. 101. (a) The President is hereby authorized (1) to require                       P r i o r itie s and
                                                                                        allocations.
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 and facili-
ties in such manner, upon such conditions, and to such extent as he shall
deem necessary or appropriate to promote the national defense.
   "(b) The powers granted in this section shall not be used to control                  Restriction.
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 require-
ments of the national defense for such material cannot otherwise be
met without creating a significant dislocation of the normal distribu-
tion of such material in the civilian market to such a degree as to create
appreciable hardship."
   SEC. 4. Subsection (a) of section 301 of the Defense Production                        5 0 USC
                                                                                        2091.
Act of 1950, as amended, is amended by striking o u t " , or in connection
with or in contemplation of the termination," and by inserting before
the period at the end thereof a comma and the following: "or for the
purpose of financing any contractor, subcontractor, or other person in

130 PUBLIC LAW 95-JUNE 30, 1953 [67 ST A T . 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 65 Stat. 139. this Act) shall be held ineligible for the issuance of such a guaranty 5 0 U S C app. il63a. by reason of alternative sources of supply". Purchases. SEC. 5. Subsection (b) of section 303 of the Defense Production Act 65 Stat. 133. 5 0 U S C app. of 1950, as amended, is amended by striking out "1962" and inserting 2093. in lieu thereof "1963". SEC. 6. Section 303 of the Defense Production Act of 1950, as amended, is amended by adding at the end thereof a new subsection as follows: Transfer to 8toclq>ile. " ( f ) Notwithstanding any other provision of law to the contrary, metals, minerals, and materials acquired pursuant to the provisions of this section which, in the judgment of the President, are excess to the needs of programs under this Act, shall be transferred to the national stockpile established pursuant to the Act of June 7, 1939, as amended 53 Stat. 811. (50 tJ, S. C. 98-98h), when the President deems such action to be in the public interest. "Transfers made pursuant to this subsection shall be made without charge against or reimbursement from funds available under such Act of June 7,1939, as amended, except that costs incident to such transfer other than acquisition costs shall be paid or reimbursed from such funds, and the acquisition costs of such metals, minerals, and materials transferred shall be deemed to be net losses incurred by the trans- ferring agency and the notes payable issued to the Secretary of the Treasury representing the amounts thereof shall be canceled. Upon the cancellation of any such notes the aggregate amount of borrowing 5 0 US C 2094. which may be outstanding at any one time under section 304 (b) of this Act, as amended, shallbe reduced in an amount equal to the amount of any notes so cancelled." SEC. 7. Subsection (c) of section 701 of the Defense Production Act 5 0 U S C app. 2151. of 1950, as amended, is amended to read as follows: Allocations. "(c) Whenever the President invokes the powers given him in this F a i r s h a r e of civilian supply. Act to allocate any material in the civilian market, he shall do so in such a manner as to make available, so far as practicable, for business and various segments thereof in the normal channel of distribution of such material, a fair share of the available civilian supply based, so far as practicable, on the share received by such business under normal conditions during a representative period following June 30, 1953: Provided^ however^ That the President shall from time to time give effect to the then current competitive position of established businesses as measured over a reasonable period of time, except as the same may result from Government controls under this or any other Act: Provided further^ That the limitations and restrictions imposed on the production of specific items shall not exclude new concerns and newly acquired operations from a fair and reasonable share of total authorized production, and shall give due consideration to the needs of new concerns and newly acquired operations: Provided fwrther^ That if the President continues or reimposes allocation controls after June 30, 1953, in the civilian market of any materials subject to such controls on July 1, 1953, he shall do so in the manner above provided but on the basis of the share received by such business during a repre- sentative period preceding June 24, 1950, adjusted to reflect, since such date, attained competitive position, the requirements of new concerns and newly acquired operations." 5 0 U S C app. SEC. 8. Section 702 (d) of the Defense Production Act of 1950, as 2152. amended, is amended to read as follows: " N a t i o n a l de- " ( d ) The term 'national defense' means programs for military and fense. " atomic energy production or construction, military assistance to any foreign nation, stockpiling, and directly related activity."
67 S T A T . ] PUBLIC LAW 96-JUNE 30, 1953 181 SEC. 9. Subsection (e) of section 705 of the Defense Production Act of 1950, as amended, is hereby amended by adding at the end thereof 5 0 US C app. 2155. the following paragraph: "All information obtained by the Office of Price Stabilization under Office of Price Stabilization. this section 705, as amended, and not made public prior to April 30, Information. 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 Penalty. conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both." SEC. 10. (a) Paragraph (4) of subsection (a) of section Y14 of the SDPA, termina- tion. Defense Production Act of 1950, as amended, is amended by striking 66 Stat. 306. s o u s e app. out "June 30, 1953" and inserting in lieu thereof "July 31, 1953". 2163a. (b) Paragraph (3) of subsection (f) of section 714 of the Defense Production Act of 1950, as amended, is amended by inserting after the word "allocated" the first time it appears therein the words "in the civilian market". (c) Paragraph (4) of subsection (f) of section 714 of the Defense Repeal. Production Act of 1950, as amended, is repealed. SEC. 11. Subsection (a) of section 717 of the Defense Production T e rmination dates. Act of 1950, as amended, is amended to read as follows: 5 0 u s e app. 2166. " ( a ) Title I (except section 104), title I I I , and title V I I (except section 714) of this Act, and all authority conferred thereunder, shall terminate at the close of June 30, 1955. Section 714 of this Act, and all authority conferred thereunder, shall terminate at the close of J u l y 31, 1953. Section 104, title I I , and title V I of this Act, and all authority conferred thereunder, shall terminate at the close of June 30, 1953. Titles I V and V of this Act, and all authority conferred thereunder, shall terminate at the close of April 30,1953." SEC. 12. The first sentence of subsection (c) of section 717 of the Defense Production Act of 1950, as amended, is amended by adding before the period at the end thereof a comma and the following: "or the taking of any action (including the making of new guarantees) deemed by a guaranteeing agency to be necessary to accomplish the orderly liquidation, adjustment or settlement of any loans guaranteed under this Act, including actions deemed necessary to avoid undue hardship to borrowers in reconverting to normal civilian production; and all of the authority granted to the President, guaranteeing agencies, and fiscal agents, under section 301 of this Act shall be 5 0 U S e 2091. app. applicable to actions taken pursuant to the authority contained in this subsection". Approved June 30, 1953. Public Law 96 CHAPTER 172 JOINT RESOLUTION j ^ , 30^ ,^,, To extend the effectiveness of certain statutory provisions from July 1, 1953, to [H. J. Res. 285] August 1, 1953. Resolved hy the Senate and House of Representatives of the United States of America in Congress a^semhled^ That the Emergency Powers Continuation Act (66 Stat. 330), as amended, is hereby further amended by deleting the date "July 1,1953" wherever it appears therein and by inserting in lieu thereof the date "August 1, 1953": Provided^