Chapter 413. To declare a national emergency to exist in the production, transportation, and distribution of coal and other fuel, granting additional powers to the Interstate Commerce Commission, providing for the appointment of a Federal Fuel Distributor, providing for the declaration of car-service priorities
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CHAP. 413.— An Act To declare a national emergency to exist in the production, transportation, and distribution of coal and other fuel, granting additional powers to the Interstate Commerce Commission, providing for the appointment of a Federal Fuel Distributor, providing for the declaration of car-service priorities during the present emergency, and to prevent the sale of fuel at unjust and unreasonably high prices. September 22, 1922.[[H. R. 12472](/us/bill/67/hr/12472).][[Public, No. 348](/us/67/pl/348).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That by reason ofCoal emergency.Existence of, in mining, interstate commerce, etc., declared.Causes, etc., stated. the prolonged interruption in the operation of a substantial part of the coal-mining industry in the United States and of the impairment in the service of certain carriers engaged in commerce between the States and by reason of the disturbance in economic and industrial conditions caused by the World War a national emergency exists which endangers the public health and general welfare of the people of the United States, injures industry and business generally throughout the United States, furnishes an opportunity for the disposition of coal and other fuel at unreasonably high prices, limits the supply of heat, light, and power, threatens to obstruct and hamper the operation of the Government of the United States and of its several departments, the transportation of the mails, the operation and efficiency of the Army and the Navy, and the operation of carriers engaged in commerce among the several States and with foreign countries.
Sec. 2. That the powers of the Interstate Commerce CommissionInterstate Commerce Commission.Powers enlarged, to Issue priority orders, embargoes, etc., in transporting coal or other fuel.Vol. 24, p. 379; Vol. 36, p. 544; Vol. 41, pp. 474–476. under the Act entitled “An Act to regulate commerce,” approved February 4, 1887, as amended, including the Transportation Act, 1920, and especially under section 402 of said Transportation Act, 1920, are, during the aforesaid emergency, enlarged to include the authority to issue in transportation of coal or other fuel orders for1026priorities in car service, embargoes, and other suitable measures in favor of or against any carrier, including vessels suitable for transportation of coal on the inland waters of the United States which for such purpose shall be subject to the Interstate Commerce Act, or region, municipality, community, or person, copartnership, or corporation, and to take any other necessary and appropriate steps To secure equal distribution.for the priority in transportation and for the equitable distribution of coal or other fuel so as best to meet the emergency and to promote Prevent unjustly high prices, etc.the general welfare, and to prevent upon the part of any person, partnership, association, or corporation the purchase or sale of coal or other fuel at prices unjustly or unreasonably high.
Powers supplementary to present authority of Commission.This Act shall not be construed as repealing any of the powers heretofore granted by law to the Interstate Commerce Commission but shall be construed as conferring supplementary and additional powers to said commission and as an amendment to section 1 of the Interstate Commerce Act, and subject to the limitations and definitions of commerce controlled by said Act, and all powers given said Interstate Commerce Commission shall be applicable in the execution of this Act.
Sec. 3. Federal Fuel Distributor.Created to facilitate interstate movement of coal assist Commission in executing Act, etc. Because of such emergency and to assure an adequate supply and an equitable distribution of coal and other fuel, and to facilitate the movement thereof between the several States and with foreign countries, to supply the Army and Navy, the Government of the United States and its several departments’ and carriers engaged in interstate commerce with the same during such emergency, and for other purposes, and for the further purpose of assisting in carrying into effect the orders of the Interstate Commerce Commission made under existing law or under section 2 hereof there is hereby created and established an agency of the United States to be known Appointment, etc.as Federal Fuel Distributor, whose appointment shall be made and compensation fixed by the President of the United States.
Said distributor shall perform his duties under the direction of the President. Sec. 4. Duty of Director. It shall be the duty of the federal fuel Distributor to ascertain—
(a)As to shortage of coal, etc. Whether there exists within the United States or any part thereof a shortage of coal or other fuel and the extent of such shortage;
(b)Fields of production, markets, etc. The fields of production of coal and other fuel and the principal markets to which such production is or may be transported and distributed and the means and methods of distribution;
(c)Reasonableness of current prices. The prices normally and usually charged for such coal and other fuel and whether current prices, considering the costs of production and distribution, are just and reasonable; and
(d)Location of consumers to receive priorities, etc. The nature and location of the consumers; what persons,, co-partnerships, corporations, regions, municipalities, or communities should, under the acts to regulate commerce administered by the Interstate Commerce Commission, including the Transportation Act, 1920, in time of shortage of coal and other fuel, or the transportation thereof, receive priority in transportation and distribution, and the degree thereof, and any other facts relating to the production, transportation, Recommendations to Commission to secure equitable distribution, etc.and distribution of coal and other fuel; and when so ascertained the Federal Fuel Distributor shall make appropriate recommendations pertaining thereto to the Interstate Commerce Commission from time to time either on his own motion or upon request of the commission, to the end that an equitable distribution of coal and other fuel maybe secured so as best to meet the emergency and promote the general welfare. All facts and data within the possession of the Federal Fuel Distributor shall be at all times accessible and furnished Consideration by the Commission.to the Interstate Commerce Commission upon its request. The Interstate Commerce Commission is hereby authorized and directed1027to receive and consider the recommendation of the Federal Fuel Distributor, based upon his reports upon the foregoing subjects, and any other information which it may secure in any manner authorized by law. Sec. 5. The Federal Fuel Distributor may make such rules,General powers of Distributor. regulations, and orders as he may deem necessary to carry out the duties imposed upon him by this Act and may cooperate with anyCooperation, etc., with public agencies, etc. department or agency of the Government, any State, Territory, district, or possession, or department, agency, or political subdivision thereof, or any person or persons, and may avail himself of the advice and assistance of any department, commission, or board of the Government, and may appoint or create any agent or agency to facilitate the power and authority herein conferred upon him; and he shall haveAppointive and administrative authority. the power to appoint, remove, and fix the compensation of such assistants and employees, not in conflict with existing laws, and make such expenditures for rent, printing, telegrams, telephones, furniture, stationery, office equipment, travel, and other operating expenses as shall be necessary for the due and effective administration of this Act. All facts, data, and records relating to the production, supply,Data, etc., to be furnished by Government agencies, etc. distribution, and transportation of coal and other fuel in the possession of any commission, board, agency, or department of the Government shall at all times be available to the Federal Fuel Distributor and the Interstate Commerce Commission, and the person having custody of such facts, data, and records shall furnish the same promptly to the Federal Fuel Distributor or his duly authorized agent or to the commission on request therefor. Sec. 6. That whenever the President shall be of the opinion thatEnd of emergency to be declared by proclamation. the national emergency hereby declared has passed he shall by proclamation declare the same, and thereupon, except as to prosecutions for offenses, this Act shall no longer be in force or effect, and in no eventTermination of Act. shall it continue in force and effect for longer than twelve months from the passage thereof. Sec. 7. Every person or corporation who shall knowingly makeSpecified acts of violations, deemed misdemeanors. any false representation to the Interstate Commerce Commission or the Federal Fuel Distributor, or to any person acting in their behalf or the behalf of cither of them, respecting the price at which coal or other fuel has been, is being, or is to be sold or bought, the inquiry being made for the purposes of this Act, or whoever having obtained coal or other fuel through a priority order or direction shall dispose of the same for purposes other than those for which said priority order or direction was issued without the consent of the Interstate Commerce Commission, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not lessPenalty for. than $1,000 nor more than $20,000: *Provided*, That any person orProviso.Additional personal punishment. any officer or director of any corporation subject to the provisions of this Act, or the Interstate Commerce Act and the Acts amendatory thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by any such corporation, who shall be convicted as aforesaid, shall, in addition to the fine herein provided for, be liable to imprisonment in the penitentiary for a term not exceeding two years, in the discretion of the court. Every violation of this sectionVenue of prosecutions. may be prosecuted in any court of the United States having jurisdiction of crimes within the district in which such violation is committed, or through which the transportation is conducted, or in which the car service is performed, or in which such concession or discrimination is granted, or given, or solicited or accepted, or received; and whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same manner as if the offense had been actually and wholly committed therein. 1028 Sec. 8. Authorization for expenses. There is hereby authorized to be appropriated the sum of $250,000, available until expended, for the purposes of this Act, including payment of personal services in the District of Columbia and *Post*, p. 1049.elsewhere, and all expenses incident to organizing the work of the President’s fuel distribution committee, and not exceeding $50,000 Payment for incurred expenses.thereof shall be available for reimbursement and payment upon specific approval of the President of expenses incurred since May 15, 1922, in connection with the work of the President’s fuel distribution committee organized for the purpose of helping to meet the emergency existing in the matter of fuel. Approved, September 22, 1922.