Chapter 181. To provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of those ores, metals, and minerals which have formerly been largely imported, or of which there is or may be an inadequate supply
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CHAP. 181.— An Act To provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of those ores, metals, and minerals which have formerly been largely imported, or of which there is or may be an inadequate supply. October 5, 1918.[[H. R. 11259](/us/bill/65/hr/11259).][[Public, No. 220](/us/pl/65/220).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That by reason of the existence Conservation of minerals ores, etc.*Post*, p. 1274.of a state of war, it is essential to the national security and defense, and to the successful prosecution of the war, and for the support and maintenance of the Army and Navy, to provide for an adequate and increased supply, to facilitate the production, and to provide for an equitable, economical, and better distribution of the following-named mineral substances and ores, minerals, intermediate Substances specified.metallurgical products, metals, alloys, and chemical compounds thereof, to wit:
Antimony, arsenic, ball clay, bismuth, bromine, cerium, chalk, chromium, cobalt, corundum, emery, fluorspar ferrosilicon, fullers’ earth, graphite, grinding pebbles, iridium, kaolin, magnesite, manganese, mercury, mica, molybdenum, osmium, sodium, platinum, palladium, paper clay, phosphorus, potassium, pyrites, radium, sulphur, thorium, tin, titanium, tungsten, uranium, vanadium, and zirconium, as the President may, from time to time, determine to be necessary for the purposes aforesaid, and as to which there is at the time of such determination, a present or prospective inadequacy of supply.
The aforesaid substances mentioned Declared to be necessaries.in any such determination are hereinafter referred to as necessaries. Sec. 2. That the President is authorized from time to time to Purchase, production, sales, etc., authorized.purchase such necessaries and to enter into, to accept, to transfer, and to assign contracts for the production or purchase of same, to provide storage facilities for and store the same, to provide or improve transportation facilities, and to use, distribute, or allocate said necessaries, or to sell the same at reasonable prices, but such sales made during the war shall not be at a price less than the purchase or cost of production thereof: *Provided*, That no such contract of purchase *Proviso*.Contracts of purchase limited.shall cover a period longer than two years after the termination of the war.
The President is further authorized, upon finding that importation Protecting duty on imports authorized.into the United States of any of the necessaries covered by this Act is likely to result in a loss to the United States on any necessaries which it may have acquired hereunder, to ascertain, fix, and proclaim such rate of duty upon such imported necessaries as shall be sufficient to adequately protect the United States from any such loss. The funds provided by section six hereof shall be used in carrying out the powers granted by this section, and all moneys received by the United States from or in connection with the disposal of such necessaries, shall be used as a revolving fund for further carrying Revolving fund created from appropriation and receipts.*Post*, p. 1010.out the purposes of this Act.
Any balance of such moneys remaining when the object of this Act has been accomplished, shall, as collected, received, and on hand and available, be covered into the Treasury as miscellaneous receipts. 1010 Sec. 3. Requisition, etc., of necessaries. That the President is authorized to requisition and take over any of said necessaries and to use, distribute, allocate, or sell Operation of idle deposits, smelters, etc.the same; and also to requisition and take over any undeveloped or insufficiently developed or operated idle land, deposit, or mine, and any idle or partially operated smelter, or plant, or part thereof, producing or, in his judgment, capable of producing said necessaries, or either of them, and to develop and operate such mine or deposit or such smelter or plant, either through the agencies hereinafter mentioned, or under lease or royalty agreement, or in any other manner, and to store, use, distribute, allocate, or sell the products thereof: *Proviso*.Restriction. *Provided*, That no ores or metals, the principal money value of which consists in metals or minerals other than those specifically enumerated in section one hereof, shall be subject to requisition under the Return of properties when no longer essential.provisions of this Act.
Whenever the President shall determine that the further use or operation by the Government of any such land, deposit, mine, smelter, or plant, or part thereof, so acquired, is no longer essential for the objects aforesaid, the same shall be returned Compensation for use, etc.to the person, firm, or corporation entitled thereto. The United States shall make just compensation, determined by the President, for the taking over, use, occupation, or operation by the Government of any such necessaries, or any such land, deposit, mine, Suit if sum unsatisfactory.smelter, or plant, or part thereof.
If the compensation so determined be unsatisfactory to the person, firm, or corporation entitled thereto, such person, firm, or corporation shall be paid seventy-five per centum of the amount so determined and shall be entitled to sue the United States to recover such further sum as added to said Procedure.Vol. pp. 1093, 1136.seventy-five per centum will make up such amount as will be just compensation, in the manner provided by section twenty-four, paragraph twenty, and section one hundred and forty-five, of the Judicial Code.
Reports, etc., required.The President is authorized to require statements and reports, to examine books and papers, and to prescribe such rules and regulations as he may deem appropriate for carrying out the purposes of this Act. Use of revolving fund.The fund provided by section six hereof may be used in carrying out the purposes of this Act, and all moneys received by the United States from or in connection with the use, operation, or disposal of any such necessaries, land, deposit, mine, smelter, or plant, or part thereof, shall be used as a revolving fund for further carrying out the purposes Balance to be covered into the Treasury.of this Act.
Any balance of such moneys remaining when the objects of this Act have been accomplished, shall, as collected, received, and on hand and available, be covered into the Treasury as miscellaneous receipts. Sec. 4. Punishment for violations. That any person who shall neglect or refuse to comply with any order or requisition made by the President pursuant to the provisions of this Act, or who shall obstruct or attempt to obstruct the enforcement of or the compliance with any such requisition or order, or who shall violate any of the provisions of this Act, or any rule or regulation adopted hereunder, shall, upon conviction, be fined not exceeding $5,000, or be imprisoned for not more than two years, or both.
Sec. 5. Appropriation for all administrative expenses. That the sum of $500,000 is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to be available until June thirtieth, nineteen hundred and nineteen, for the payment of all administrative expenses under this Act, including personal services, traveling and subsistence expenses, the payment of rent, the purchase of equipment, supplies, postage, printing, publications, and such other articles, both in the District of Columbia and elsewhere, as the President may deem essential and proper.
Sec. 6. Appropriation for fund to execute this Act. That the sum of $50,000,000 is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, which, together with all moneys received from time to time under the pro1011visions of this Act, all of which shall be credited to said appropriation, shall be used as a revolving fund for carrying out the objects of this Act, and for the purpose of making all payments and disbursements, including just compensation under section three, by this Act *Ante*, p. 1010.authorized: *Provided*, That no part of this appropriation shall be expended *Provisos*.Restriction.for the purposes described in the last preceding section: *Provided further*, That a detailed report of all operations under this Act, Monthly report to Congress.including all receipts and disbursements, shall be filed with the Secretary of the Senate and Clerk of the House of Representatives on or before the twenty-fifth day of each month, covering the preceding month’s operation.
Any balance of said revolving fund remaining Disposal of balance.when the objects of this Act have been accomplished, shall, as collected, received, and on hand and available, be Covered into the Treasury as miscellaneous receipts. Sec. 7. That the President is authorized to exercise each, every, or Powers may be vested in departments, agencies, etc.any power and authority hereby vested in him, and to expend the moneys herein appropriated or provided for, or any part or parts thereof, by and through such officer or officers, department or departments, board or boards, agent, agents, or agencies as he shall create or designate, from time to time, for the purpose.
He may fix Pay for services.the reasonable compensation for the performance of such services, but no official or employee of the United States shall receive any additional compensation for such services except as now permitted by law: *Provided*, That no person employed under the provisions of this *Proviso*.Salary limit.Act shall be paid any salary or compensation in excess of that paid for similar or like services rendered in executive departments of the Government. Sec. 8.
No person having a pecuniary interest in any transaction Personal interests of officials forbidden.in pursuance of this Act shall have any official connection under this Act with such transaction. Any person violating this provision Punishment for vio lations.shall forfeit to the Government all proceeds which he shall have received from such transaction, and upon due conviction of such violation shall be fined not exceeding $10,000 or imprisoned not exceeding ten years. Sec. 9.
That the President is authorized, if in his judgment such Operating corporations authorized.action be necessary or useful for the objects of this Act, to form one or more corporations under the laws of any State, Territory, District, or possession of the United States, for the purpose of carrying out the powers or any of the powers hereby authorized. The capital Capital limited.stock of any such corporation shall be such as the President may determine, but the total capital stock for all corporations so formed shall not exceed in the aggregate the appropriation of $50,000,000, made by section six hereof.
Said appropriation, or any part thereof, Stock subscription by United States.may be used by the President in subscribing on behalf of the United States, through such person or persons as he may designate, to the capital stock of such corporation or corporations, and the capital and assets of any such corporation or corporations, together with all additions thereto under sections two and three hereof, may be used in carrying out the objects of this Act. The directorate and organization Organization subject to the President.of such corporation or corporations shall be such as the President may prescribe, and such corporation or corporations shall have all such charter powers as may be deemed necessary or desirable by the President to enable it or them to accomplish the objects of this Act.
The capital stock of any such corporation or corporations shall be Control of stock.held and voted for the exclusive benefit of the United States, through such person or persons as the President may designate. Sec. 10. Upon the proclamation of peace the President shall Dissolution upon proclamation of peace.proceed as rapidly as possible to wind up and terminate all transactions under this Act, and to dispose as fast as practicable of all property acquired thereunder, and after said proclamation of peace 1012no contracts shall be made, property acquired, or other transaction performed under this Act except such as shall be necessary for the Finality of Actpurpose of this section and incidental thereto, and two years after such proclamation of peace this Act shall cease to have effect and all *Proviso*.Continuance of rights, prosecutions, etc.powers conferred thereby shall end: *Provided*, That the termination of this Act shall not prevent the subsequent collection of any moneys due the United States, nor shall it affect any act done or any right or obligation accrued or accruing, or any suit or proceeding had or commenced before such termination, but all such collections, rights, obligations, suits and proceedings shall continue as if this Act had not terminated, and any offense committed or liability incurred prior thereto shall be prosecuted in the same manner and with the same punishment and effect as if this Act had not terminated.
Sec. 11. Employees not exempt from draft.*Ante*, p. 955. That employment under the provisions of this Act shall not exempt any person from military service under the provisions of the selective draft law approved May eighteenth, nineteen hundred and seventeen, or any Act amendatory thereto. Sec. 12. Invalidity of any provision not to affect remainder of Act. That if any section or provision of this Act shall be declared invalid for any reason whatsoever, such invalidity shall not be construed to affect the validity of any other section or provision hereof.
Approved, October 5, 1918.