Public Law 83–95

That this Act may be cited as the “Defense Production Act Amendments of 1953”.

Sec. 2.

Section 2 of the Defense Production Act of 1950, as amended, is amended to read as follows:

“Sec. 2. “declaration of policy

In view of the present international situation and in order to provide for the national defense and national security our Mobilization effort continues to require some diversion of certain materials and facilities from civilian use to military and related purposes. It also requires expansion of productive facilities beyond the levels needed to meet the civilian demand.”

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Sec. 3.

Section 101 of the Defense Production Act of 1950, as

50 U S C app. 2071.

amended, is amended to read as follows:

“Sec. 101.

(a)(a)

The President is hereby authorized (1) to require

Priorities 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 Facilities in such manner, upon such conditions, and to such extent as he shall deem necessary or appropriate to promote the national defense.

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“(b)“(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 requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.”

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Sec. 4.

Subsection (a) of section 301 of the Defense Production

50 U S C app. 2091.

Act of 1950, as amended, is amended by striking out “, 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 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.

50 U S C app. 2163a.

this Act) shall be held ineligible for the issuance of such a guaranty by reason of alternative sources of supply”.

Sec. 5.

Subsection (b) of section 303 of the Defense Production Act

Purchases.

65 Stat. 133.

50 U S C app. 2093.

of 1950, as amended, is amended by striking out “1962” and inserting 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:

“(f)“(f)

Notwithstanding any other prevision of law to the contrary,

Transfer to stockpile.

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 U. 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 transferring 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

50 U S C app. 2094.

which may be outstanding at any one time under section 304 (b) of this Act, as amended, shall be reduced in an amount equal to the amount of any notes so cancelled.”

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Sec. 7.

Subsection (c) of section 701 of the Defense Production Act

50 U S C app. 2151.

of 1950, as amended, is amended to read as follows:

“(c)“(c)

Whenever the President invokes the powers given him in this

Allocations.

Act to

Fair share of civilian supply.

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 further, 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 representative period preceding June 24, 1950, adjusted to reflect, since such date, attained competitive position, the requirements of new concerns and newly acquired operations.”

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Sec. 8.

Section 702 (d) of the Defense Production Act of 1950, as

50 U S C app. 2152.

“National defense.”

amended, is amended to read as follows:

“(d)“(d)

The term ‘national defense’ means programs for military and atomic energy production or construction, military assistance to any foreign nation, stockpiling, and directly related activity.”

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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

50 U S C app. 2155.

the following paragraph:

“All information obtained by the Office of Price Stabilization under

Office of Price Stabilization.

Information.

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

Penalty.

conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both.”

Sec. 10.

Sec. 11.

Subsection (a) of section 717 of the Defense Production

Termination dates.

50 U S C app. 2166.

Act of 1950, as amended, is amended to read as follows:

“(a)“(a)

Title I (except section 104), title III, and title VII (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 July 31, 1953. Section 104, title II, and title VI of this Act, and all authority conferred thereunder, shall terminate at the close of June 30, 1953. Titles IV and V of this Act, and all authority conferred thereunder, shall terminate at the close of April 30, 1953.”

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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

50 U S C app. 2091.

applicable to actions taken pursuant to the authority contained in this subsection”.