§ 1302.5 Records. Each person participating in any transaction covered by this part shall retain in his possession, for at least two years, records of voyages and shipments in sufficient detail to permit an audit that will determine for each transaction that the provisions of this part have been met. This provision does not require any particular accounting method and does not require alteration of the system customarily maintained, provided such records supply an adequate basis for audit. Records may be retained in the form of microfilm or other photographic copies instead of the originals.

§ 1302.6 Defense against claims for damages. No person shall be held liable for damages or penalties for any default under any contract or order which shall result directly or indirectly from compliance with this part or any provision, thereof, notwithstanding that this part or such provision shall thereafter be declared by judicial or other competent authority to be invalid.

§ 1302.7 Violations. Any person who wilfully violates any provisions of this part or wilfully conceals a material fact or furnishes false information in the course of operation under this part is guilty of a crime and upon conviction may be punished by fine or imprisonment or both. In addition, administrative action may be taken against any such person, denying him the privileges generally accorded under this part.

Amendments. This part may be amended by the Under Secretary for Transportation, Department of Commerce, pursuant to delegation previously made to him (15 F. R. 8739).

This part shall take effect immediately, subject to section 7 of the Federal Register Act (49 Stat. 502, 44 U. S. C. sec. 307).

NOTE: The reporting requirements of this part have been approved by the Bureau of the Budget under the Federal Reports Act.

[SEAL]

DECEMBER 16, 1950.

CHARLES SAWYER,
Secretary of Commerce.

[F. R. Doc. 50-12029; Filed, Dec. 18, 1950; 11:01 a. m.]

Senator CAPEHART. Mr. Secretary, you recently required licenses to ship into Mexico, did you not?

Secretary SAWYER. No. We have always required licenses to ship commodities on the positive list anywhere except Canada. The only exception is Canada.

Senator CAPEHART. You are requiring at the moment a license to ship so-called battery shells into Mexico-battery boxes?

Secretary SAWYER. It doesn't apply particularly to Mexico. There is no distinction made as far as Mexico is concerned.

Senator CAPEHART. It requires a license to ship to any country? Secretary SAWYER. That is right. I assume so from what you say. There are hundreds of items on the list. I am not familiar with all of them myself. I am sure you are correct if you say there is a license required.

You see, aside from the element of security which I have been discussing with the committee, there is the element of short supply, with which we are now dealing and with which we have dealt right along. In other words, if we do not have enough of a thing in this country to meet our own civilian demands or domestic demands, then we put a restriction on its export, and that has been going on right along.

We have the problem continued now. I have it in connection with a number of items the British came over here to talk about as to how much we will let go out, and it is a very difficult thing to decide. But we got a list of what goes to every country, as I say, aside from Canada. We have no controls over Canada because we have reached a very fine working arrangement with them. They practically agree to everything we suggest on the matter of control.

Senator CAPEHART. Just what parts of this 1950 Defense Production Act are you administering?

Secretary SAWYER. I have been pretty busy lately and I have not read it recently, so it is a little difficult for me to answer your question, except to say this: That we control the allocation and distribution of materials, that is, General Harrison does, except for certain items which were eliminated or were left to the Interior and to Agriculturethe solid fuels, petroleum and the power. I think that is all.

We have later issued a delegation of authority to Interior with reference to minerals, and foods were given to Agriculture; but, other than that, we control materials set forth in the order.

Senator CAPEHART. It seems to me, Mr. Chairman, that it might be helpful to this committee if the Secretary could-he can not do it offhand, I know-give the committee for its records, so that we would know, exactly that part of this bill that he has authority over. Then I think all other departments of the Government ought to tell us exactly what their interests are.

The CHAIRMAN. I might then say this: I was hopeful Mr. Wilson might be able by Friday to get the other heads of agencies that are under him to appear with him-Mr. Di Salle and Mr. Valentine and others. That is one reason I am glad Congressman Brown agreed to our meeting on Friday, so at least we will know before we go home just exactly what Mr. Wilson intends to do.

Will you make a memorandum of what Senator Capehart just said? Senator CAPEHART. So at the moment about all you have is title I, priorities and allocations?

Secretary SAWYER. I have a copy of Executive Order 10161, and it gives exactly what authority.

The functions conferred under title I—

which is the one you just mentioned

are hereby delegated as follows:

To the Secretary of the Interior with respect to petroleum, gas, solid fuels and electric power;

To the Secretary of Agriculture with respect to food and with respect to domestic distribution of farm equipment and fertilizer;

To that Commissioner of the Interstate Commerce Commission who is responsible for the supervision of the Bureau of Service of the Commission with respect to domestic transportation, storage and port facilities or the use thereof, but excluding air transport, coastwise, intercoastal and overseas shipping,

which is within my Department.

To the Secretary of Commerce with respect to all materials and facilities except as above provided.

Now that answers your question.

Mr. FLEISCHMANN. And title II.

Secretary SAWYER. Under part II, requisitioning:

Except as provided in section 201 (b) of this Executive order, the functions conferred upon the President by title II of the Defense Production Act of 1950 are hereby delegated to the officers to whom functions are delegated by section 101 of this Executive order, respectively, according to the designations of materials and facilities

And so forth.

I think Congress provided that only one official to qualify what were exemptions from the Antitrust Act.

Mr. HALE. Yes.

Secretary SAWYER. I was the one designated by the President to make that decision, but up to date I have not made any such decision. Certificates of necessity, which Mr. Hale has mentioned to me, we originate them, and they are passed upon, or have been up to this. time, by the NSRB, but there has been no problem there. Here is the Executive order.

(The Executive order referred to follows:)

DEPARTMENT OF COMMERCE

NATIONAL PRODUCTION AUTHORITY

Washington 25

EXECUTIVE ORDER 10161

DELEGATING CERTAIN FUNCTIONS OF THE PRESIDENT UNDER THE DEFENSE PRODUCTION ACT OF 1950

By virtue of the authority vested in me by the Constitution and statutes, including the Defense Production Act of 1950, and as President of the United States and Commander in Chief of the armed forces, it is hereby ordered as follows:

PART I-PRIORITIES AND ALLOCATIONS

SECTION 101. The functions conferred upon the President by Title I of the Defense Production Act of 1950 are hereby delegated as follows:

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

(b) To the Secretary of Agriculture with respect to food, and with respect to the domestic distribution of farm equipment and commercial fertilizer.

(c) To that commissioner of the Interstate Commerce Commission who is responsible for the supervision of the Bureau of Service of the Commission, with respect to domestic transportation, storage, and port facilities, or the use thereof, but excluding air transport, coastwise, intercoastal, and overseas shipping.

(d) To the Secretary of Commerce with respect to all materials and facilities except as provided in paragraphs (a), (b), and (c) of this section 101.

SEC. 102. Each delegate referred to in section 101 of this Executive order shall, in connection with carrying out the priorities and allocations functions delegated to him by such section, (a) receive from appropriate agencies of the Government information relating to the direct and indirect military, other governmental, civilian, and foreign requirements for materials and facilities, (b) review and evaluate such requirements in the light of available materials and facilities, and (c) exercise his priorities and allocations powers in such manner as will in his judgment promote adequate supplies and their proper distribution.

SEC. 103. (a) Each delegate referred to in section 101 of this Executive order shall be a claimant before the other such delegates, respective, in the case of materials and additional facilities deemed by the claimant delegate to be necessary for the provision of an adequate supply of the materials and facilities with respect to which delegation is made to the claimant delegate by the said section 101.

(b) Each delegate under section 101 of this Executive order may, with the approval of the Chairman of the National Security Resources Board, designate agencies and officers of the Government, additional to the claimants referred to in section 103 (a) of this Executive order, to be claimants before such delegate with respect to stated materials and facilities.

PART II-REQUISITIONING

SEC. 201. (a) Except as provided in section 201 (b) of this Executive order, the functions conferred upon the President by Title II of the Defense Production Act of 1950 are hereby delegated to the officers to whom functions are delegated by section 101 of this Executive order, respectively, according to the designations of materials and facilities set forth in paragraphs (a), (b), (c), and (d) of the said section 101.

(b) The functions conferred upon the President by sections 201 (b) and 201 (c) of the Defense Production Act of 1950, exclusive of determinations with respect to the termination of the need for the national defense of any property

requisitioned under Title II of the said Act, are hereby delegated to the Administrator of General Services.

PART III-EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

SEC. 301. The Department of the Army, the Department of the Navy, the Department of the Air Force, the Department of Commerce, the Department of the Interior, the Department of Agriculture, and the General Services Administration, in this Part referred to as guaranteeing agencies, and each delegate under section 101 of this Executive order shall 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, 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 (including any Federal Reserve Bank), by commitment to purchase, agreement to share losses, or otherwise, against loss of principal or interest on any loan, discount, 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, or in connection with or in contemplation of the termination, 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.

(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 the said section 301, in respect of private financing institutions.

(c) All actions and operations of Federal Reserve Banks, under authority of or pursuant to the said section 301 of the Defense Production Act of 1950, 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 shall be uniform to the extent practicable) to be utilized in connection with such guarantees.

SEC. 303. Within such amounts of funds as the President shall have made available, and upon the certificate by the Secretary of the Interior in respect of metals and minerals (except as to paragraph (c) of this section), or by the Secretary of Agriculture in respect of lumber, or by the appropriate delegate referred to in section 101 of this Executive order in respect of other materials and facilities, or by such other officer or officers of the Government as the President may designate, as to the necessity for loans, purchases, or commitments, as the case may be: (a) The Reconstruction Finance Corporation 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, as authorized by and subject to section 302 of the Defense Production Act of 1950.

(b) The Administrator of General Services is hereby authorized and directed to purchase and make commitments to purchase metals, minerals, and other raw materials, including liquid fuels, for Government use or resale, as authorized by and subject to section 303 of the said Act: Provided, That the Secretary of Agriculture is also authorized to exercise the functions under section 303 with respect to agricultural commodities.

(c) The Secretary of the Interior is hereby authorized and directed to encourage the exploration, development, and mining of critical and strategic minerals and metals, as authorized by and subject to the provisions of the said section 303.

SEC. 304. The functions conferred upon the President by section 303 (d) of the Defense Production Act of 1950 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.

PART IV-ECONOMIC STABILIZATION

SEC. 401. (a) There is hereby created a new and independent agency to be known as the Economic Stabilization Agency, hereafter in this Part referred to as the Agency. There shall be at the head of the Agency an Economic Stabilization Administrator, hereafter in this Part referred to as the Administrator, who shall be appointed by the President by and with the advice and consent of the Senate. (b) The Administrator shall seek to preserve and maintain the stabilization of the economy. To this end he shall:

(1) Plan and develop both short and long-range price and wage stabilization policies and measures and create the necessary organization for their administration.

(2) Inform the public, agriculture, industry and labor concerning the need for stabilization and encourage and promote voluntary action to this end.

(3) Consult and advise with the Government officials responsible for procurement, production, manpower, and rent control, and for fiscal, credit and monetary policies, concerning measures within their jurisdiction which will assist stabilization.

(4) Establish price ceilings and stabilize wages and salaries where necessary. (c) The functions conferred upon the President by Title IV of the Defense Production Act of 1950 are hereby delegated to the Administrator.

SEC. 402. There shall be in the Agency a Director of Price Stabilization, who shall be appointed by the President by and with the advice and consent of the Senate, and who shall perform such functions with respect to price stabilization as may be determined by the Administrator.

SEC. 403. (a) There shall be in the Agency a Wage Stabilization Board composed of nine members who shall be appointed by the President. Three of the members so appointed shall be representative of the public, three shall be representative of labor, and three shall be representative of business and industry. One of the members representing the public, to be designated by the President, shall be chairman of the Board.

(b) The Wage Stabilization Board shall make recommendations to the Administrator regarding the planning and development of wage stabilization policies and shall perform such further functions with respect to wage stabilization as may be determined by the Administrator after consultation with the Board.

SEC. 404. The Administrator is hereby designated to initiate such consultations and conferences with management, labor, and representatives of the Government and public as he deems appropriate and to advise the President of such action as may be called for in carrying out the provisions of Title V of the Defense Production Act of 1950.

PART V-REAL ESTATE CREDIT

SEC. 501. (a) Subject to the provisions of section 501 (b) of this Executive order, the functions conferred upon the President by section 602 of the Defense Production Act of 1950 are hereby delegated to the Board of Governors of the Federal Reserve System.

(b) The said Board shall obtain the concurrence of the Housing and Home Finance Administrator with respect to provisions relating to real estate construction credit involving residential property before prescribing, changing, or suspending any real estate construction credit regulation pursuant to the authority of section 602 of the Defense Production Act of 1950.

SEC. 502. (a) The functions conferred upon the President by section 605 of the Defense Production Act of 1950, to the extent that such functions relate to loans on real estate involving residential property, are hereby delegated to the Housing and Home Finance Administrator.

(b) In carrying out the functions delegated by section 502 (a) of this Executive order, and under the authority so delegated or under authority vested in him by any applicable law, the Administrator shall from time to time issue such regula