Public Law 295.

2,478 words·~11 min read·/statutes-at-large/vol-69/public-law-295·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

69 Stat. 580 Public Law 295 chapter 655 AN ACT To amend the Defense Production Act of 1950, as amended, and for other purposes.August 9, 1955 [[S. 2391](/us/bill/84/s/2391)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Defense production Act amendments of 1955. [64 Stat. 798](/us/stat/64/798). [50 USC app. 2062](/us/usc/t50/s2062). That this Act may be cited as the “Defense Production Act Amendments of 1955”.

Sec. 2. Section 2 of the Defense Production Act of 1950, as amended, is amended to read as follows: " “declaration of policy “Sec. 2. 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 the development of preparedness programs and the expansion of productive capacity and supply beyond the levels needed to meet the civilian demand, in order to reduce the time required for full mobilization in the event of an attack on the United States.

” " Sec. 3. Section 303 of the Defense Production Act of 1950, as[50 USC app. 2093](/us/usc/t50/s2093). amended, is amended by adding at the end thereof a new subsection as follows: " “(g) When in his judgment it will aid the national defense, and upon a cert i Heat ion by the Secretary of Agriculture or the Secretary or the Interior that a particular strategic and critical material is likely to be in short supply in time of war or other national emergency, the President may make provision for the development of substitutes for such strategic and critical materials.

” " Sec. 4. Subsection

(c)of section 701 of the Defense Production[50 USC app. 2151](/us/usc/t50/s2151). Act of 1950, as amended, is amended to read as follows: " “(c) “Whenever the President invokes the powers given him in this Act to allocate any material in the civilian market, lie 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 preceding any future allocation of materials: *Provided*, That the President shall, in the allocation of materials in the civilian market, give due consideration to the needs of new concerns and newly acquired operations, undue hardships of individual businesses, and the needs of smaller concerns in an industry.” " Sec. 5. Section 701 of the Defense Production Act of 1950, as amended, is amended by adding after subsection

(c)a new subsection as follows: " “(d) In order to further the objectives and purposes of this section,Distribution of defense contracts the Office of Defense Mobilization is directed to investigate the distribution of defense contracts with particular reference to the share of such contracts which has gone and is now going to small business, either directly or by subcontract; to review the policies, procedures, and administrative arrangements now being followed in order to increase participation by small business in the mobilization program; to explore all practical ways, whether by amendments to laws, policies, regulations, or administrative arrangements, or otherwise, to increase the share of defense procurement going to small business; to get from the departments and agencies engaged in procurement, and from other appropriate agencies including the Small Business Administration, their views and recommendations on ways to increase the share of Distributton of defense contracts. 69 Stat. 581 procurement going to small business; and to make a report to the PresidentReports to President and Congress. and the Congress, not later than six months after the enactment of the Defense Production Act Amendments of 1955, which report shall contain the following:

(i)a full statement of the steps taken by the Office of Defense Mobilization in making investigations required by this subsection;

(ii)the findings of the Office of Defense mobilization with respect to the share of procurement which has gone and is now going to small business;

(iii)a full and complete statement of the actions taken by the Office of Defense Mobilization and other agencies to increase such small business share;

(iv)a full and complete statement of the recommendations made by the procurement agencies and other agencies consulted by the Office of Defense-Mobilization; and

(v)specific recommendations by the Office of Defense Mobilization for further action to increase the share of procurement going to small business.” " Sec. 6. Section 708 of the Defense Production Act of 1950, as[50 USC app. 2158](/us/usc/t50/s2158). amended, is amended—

(1)by inserting before the period at the end of the first sentenceVoluntary agreements and programs. of subsection

(b)a colon and the following: “*Provided, however*, That after the enactment of the Defense Production Act Amendments of 1955, the exemption from the prohibitions of the antitrust laws and the Federal Trade Commission Act of the United States shall apply only

(1)to acts and omissions to act[52 Stat. 117](/us/stat/52/117). [15 USC 58](/us/usc/t15/s58). requested by the President or his duly authorized delegate pursuant to duly approved voluntary agreements or programs relating solely to the exchange between actual or prospective contractors of technical or other information, production techniques, and patents or patent rights, relating to equipment used primarily by or for the military which is being procured by the Department of Defense or any department thereof, and the exchange of materials, equipment, and personnel to be used in the production of such equipment; and

(2)to acts and omissions to act requested by the President or his duly authorized delegate pursuant to voluntary agreements or programs which were duly approved under this section before the enactment of the Defense Production Act Amendments of 1955. The Attorney General shall reviewReview by attorney General. each of the voluntary agreements and programs covered by this section, and the activities being carried on thereunder, and, if he finds, after such review and after consultation with the Director of the Office of Defense Mobilization and other interested agencies, that the adverse effects of any such agreement or program on the competitive free enterprise system outweigh the benefits of the agreement or program to the national defense, he shall withdraw his approval in accordance with subsection

(d)of this section. This review and determination shall be made within ninety days after the enactment of the Defense Production Act Amendments of 1955.”;

(2)by inserting in subsection

(d)thereof after the word “hereunder” the following: “, or upon withdrawal by the Attorney General of his approval of the voluntary agreement or program on which the request or finding is based,”

(3)by inserting after the first sentence of subsection

(e)thereof the following new sentence: “Such surveys, and the reports hereafter required, shall include studies of the voluntary agreements and programs authorized by this section.”;

(4)by striking out from the last sentence of subsection Ce) thereof the words “at such times thereafter as he deems desirable” and inserting in lieu thereof the words “at least once every three months”. 69 Stat. 582 Sec. 7. Section 710

(b)of the Defense Production Act of 1950, as[50 USC app. 2160](/us/usc/t50/s2160). amended, is amended to read as follows: " “(b)

(1)The President, is further authorized, to the extent he deemsEmployment of persons without compensation. it necessary and appropriate in order to carry out the provisions of this Act, and subject to such regulations as he may issue, to employ persons of outstanding experience and ability without compensation; “(2) The President shall .be guided in the exercise of the authorityAppointment policies, etc. provided in tills subsection by the following policies: “(i) So far us possible, operations under the Act shall be carried on by full-time, salaried employees of the Government, and appointments under this authority shall be to advisory or consultative positions only. “(ii) Appointments to positions other than advisory or consultative may he made under this authority only when the requirements of the position are such that the incumbent must personally possess outstanding experience and ability not obtainable on a full-time, salaried basis. “(iii) In the appointment of personnel and in assignment of their duties, the head of the department or agency involved shall take steps to avoid, to as great an extent as possible, any conflict between the governmental duties and the private interests of such personnel. “(3) Appointees under this subsection

(b)shall, when policy matters are involved, be limited to advising appropriate full-time salaried Government officials who are responsible for making policy decisions. “(4) Any person employed under this subsection

(b)is herebyExemptions. exempted, with respect to such employment, from the operation of [62 Stat. 697](/us/stat/62/697).sections 281, 283, 284, 434, and 1914 of title 18, United States Code, and section 190 of the Revised Statutes (5 U. S. C. 99), except that— “(i) exemption hereunder shall not extend to the negotiation or execution, by such appointee, of Government contracts with the private employer of such appointee or with any corporation, joint stock company, association, firm, partnership, or other entity in the pecuniary profits or contracts of which the appointee has any direct or indirect interest; “(ii) exemption hereunder shall not extend to making any recommendation or taking any action with respect to individual applications to the Government for relief or assistance, on appeal or otherwise, made by the private employer of the appointee or by any corporation, joint stock company, association, firm, partnership, or other entity in the pecuniary profits or contracts of which the appointee has any direct or indirect interest; “(iii) exemption hereunder shall not extend to the prosecution by the appointee, or participation by the appointee in any fashion in the prosecution, of any claims against the Government involving any matter concerning which the appointee had any responsibility during his employment under this subsection, during the period of such employment and the further period of two years after the termination of such employment; and “(iv) exemption hereunder shall not extend to the receipt or payment of salary in connection with the appointee’s Government service hereunder from any source other than the private employer of the appointee at the time of his appointment hereunder. “(5) Appointments under this subsection

(b)shall be supported byWritten certification. written certification by the head of the employing department or agency— “(i) that the appointment is necessary and appropriate in order to carry out the provisions of the Act; “(ii) that the duties of the position to which the appointment is being made require outstanding experience and ability; 69 Stat. 583 “(iii) that the appointee has the outstanding experience and ability required by the position: and “(iv) that the department or agency head has been unable to obtain a person with the qualifications necessary for the position on a full-time, salaried basis. “(6) The heads of the departments or agencies making appointmentsPublication of statements in FR. under this subsection

(b)shall file with the Division of the Federal Register for publication in the Federal Register a statement including the name of the appointee, the employing department or agency, the title of his position, and the name of his private employer, and the appointee shall file with such Division for publication in the Federal Register a statement listing the names of any corporations of which he is an officer or director or within sixty days preceding his appointment has been an officer or director, or in which he owns, or within sixty days preceding his appointment has owned, any stocks, bonds, or other financial interests, and the names of any partnerships in which he is, or was within sixty days preceding his appointment, a partner, and the names of any other businesses in which he owns, or within such sixty-day period has owned, any similar interest. At the end of each succeeding six-month period, the appointee shall file with such Division for publication in the Federal Register a statement showing any changes in such interests during such period. “(7) At least once every three months the Chairman of the UnitedSurvey of appointments; report. States Civil Service Commission shall survey appointments made under this subsection and shall report his findings to the President and the Joint Committee on Defense Production and make such recommendations as he may deem proper. “(8) Persons appointed under the authority of this subsection mayTransportation; per diems. be allowed transportation and not to exceed $15 per diem in lieu of subsistence while away from their homes or regular places of Business pursuant to such appointment.” " Sec. 8. Section 710 of the Defense Production Act of 1950, as[50 USC app. 2160](/us/usc/t50/s2160). amended, is further amended by redesignating subsections “(e)” and “(f)” as subsections “(f)” and “(g)”, respectively, and by inserting after subsection “(d)” a new subsection as follows: " “(e) The President is further authorized to provide for the establishmentNucleus executive reserve. and training of a nucleus executive reserve for employment in executive positions in Government during periods of emergency. Members of this executive reserve who are not full-time Government employees may be allowed transportation and not to exceed $15 per diem in lien of subsistence while away from their homes or regular places of business for the purpose of participating in the executive reserve training program. The President is authorized to provide by regulation for the exemption of such persons who are not. full-time Government employees from the operation of sections 281, 283, 284, 434,[62 Stat. 697](/us/stat/62/697). and 1914 of title 18 of the United States Code and section 190 of the Revised Statutes (5 U. S. C. 99).” " Sec. 9. Section 712 of the Defense Production Act of 1950, as[50 USC app 2162](/us/usc/t50/s2162). amended, is amended—

(1)by striking out “25” from the second sentence of subsection

(c)thereof and inserting in lieu thereof “40”; and

(2)by striking out “$50,000” in the first sentence of subsection

(e)thereof and inserting in lieu thereof “$65,000”. Sec. 10. Section 717 of the Defense Production Act of 1950, as*Ante*, p. 225. amended, is amended by striking out “July 31, 1955” from the first sentence of subsection

(a)thereof and inserting in lieu thereof “June 30, 1956”. Sec. 11. The provisions of this Act shall take effect as of the closeEffective date. of July 31, 1955. Approved August 9, 1955. Public Law 296: Making recommendations to the States for the enactment of legislation to permit and assist Federal personnel, including members of the Armed Forces, and their families, to exercise their voting franchise, and for other purposes. Public Law 296 Public Law 296 69 Stat. 584 1955-08-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-02 84 1 public

Connections3 cite this · traces to 3

Cited by 3 sections

statutes-at-large

Traces to 3 documents

statutes-at-large

U.S. Code