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50 U.S.C. § 4562 — Employment of personnel; appointment policies; nucleus executive reserve; use of confidential information by employees; printing and distribution of reports

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4562 — Employment of personnel; appointment policies; nucleus executive reserve; use of confidential information by employees; printing and distribution of reports

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Stable record: federal_law:legal_authorities:record_usc_53c5b01faadaa2f51aedb1e2
Source file: Laws/federal/codes/united-states-code/title-50/section-4562-employment-of-personnel-appointment-policies-nucleus-executive-reserve-u--39ff5e860c.md
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Source location: Title 50, Chapter 55, § 4562; chapter-055-defense-production.md

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**(a) Repealed. June 28, 1955, ch. 189, § 12(c)(1), 69 Stat. 180** **(b) Presidential appointments** (1) The President is further authorized, to the extent he deems it necessary and appropriate in order to carry out the provisions of this chapter 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 authority provided in this subsection by the following policies: (i) So far as possible, operations under this chapter 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 be 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. (3) Appointees under this subsection shall, when policy matters are involved, be limited to advising appropriate full-time salaried Government officials who are responsible for making policy decisions. (4) Appointments under this subsection shall be supported by 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 this chapter; (ii) that the duties of the position to which the appointment is being made require outstanding experience and ability; (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. (5) **Notice and financial disclosure requirements.—** (A) *Public notice of appointment.—* — The head of any department or agency who appoints any individual under this subsection shall publish a notice of such appointment in the Federal Register, including the name of the appointee, the employing department or agency, the title of the appointee’s position, and the name of the appointee’s private employer. (B) *Financial disclosure.—* — Any individual appointed under this subsection who is not required to file a financial disclosure report pursuant to [section 13103 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13103&num=0&edition=prelim), shall file a confidential financial disclosure report pursuant to [section 13109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13109&num=0&edition=prelim) with the appointing department or agency. (6) The Director of the Office of Personnel Management shall carry out a biennial survey of appointments made under this subsection and shall report his or her findings to the President and make such recommendations as he or she may deem proper. (7) Persons appointed under the authority of this subsection may be allowed reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions for which they were appointed in the same manner as persons employed intermittently in the Federal Government are allowed expenses under [section 5703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim). **(c) Employment of experts and consultants** The President is authorized, to the extent he deems it necessary and appropriate in order to carry out the provisions of this chapter to employ experts and consultants or organizations thereof, as authorized by [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim). Individuals so employed may be compensated at rates not in excess of $50 per diem and while away from their homes or regular places of business they may be allowed transportation and not to exceed $15 per diem in lieu of subsistence and other expenses while so employed. **(d) Utilization of other services** The President may utilize the services of Federal, State, and local agencies and may utilize and establish such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. **(e) Nucleus executive reserve** The President is further authorized to provide for the establishment and training of a nucleus executive reserve for employment in executive positions in Government during periods of national defense emergency, as determined by the President. Members of this executive reserve who are not full-time Government employees may be allowed transportation and per diem in lieu of subsistence, in accordance with title 5 (with respect to individuals serving without pay, while away from their homes or regular places of business), for the purpose of participating in the executive reserve training program. **(f) Use of confidential information for speculation** Whoever, being an officer or employee of the United States or any department or agency thereof (including any Member of the Senate or House of Representatives), receives, by virtue of his office or employment, confidential information, and (1) uses such information in speculating directly or indirectly on any commodity exchange, or (2) discloses such information for the purpose of aiding any other person so to speculate, shall be fined not more than $10,000 or imprisoned not more than one year, or both. As used in this section, the term “speculate” shall not include a legitimate hedging transaction, or a purchase or sale which is accompanied by actual delivery of the commodity. **(g) Printing and distribution of reports** The President, when he deems such action necessary, may make provision for the printing and distribution of reports, in such number and in such manner as he deems appropriate, concerning the actions taken to carry out the objectives of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4512 — Declaration of policy

**(a) Findings** Congress finds that— (1) the security of the United States is dependent on the ability of the domestic industrial base to supply materials and services for the national defense and to prepare for and respond to military conflicts, natural or man-caused disasters, or acts of terrorism within the United States; (2) to ensure the vitality of the domestic industrial base, actions are needed— (A) to promote industrial resources preparedness in the event of domestic or foreign threats to the security of the United States; (B) to support continuing improvements in industrial efficiency and responsiveness; (C) to provide for the protection and restoration of domestic critical infrastructure operations under emergency conditions; and (D) to respond to actions taken outside of the United States that could result in reduced supplies of strategic and critical materials, including energy, necessary for national defense and the general economic well-being of the United States; (3) in order to provide for the national security, the national defense preparedness effort of the United States Government requires— (A) preparedness programs to respond to both domestic emergencies and international threats to national defense; (B) measures to improve the domestic industrial base for national defense; (C) the development of domestic productive capacity to meet— (i) essential national defense needs that can result from emergency conditions; and (ii) unique technological requirements; and (D) the diversion of certain materials and facilities from ordinary use to national defense purposes, when national defense needs cannot otherwise be satisfied in a timely fashion; (4) to meet the requirements referred to in this subsection, this chapter p

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15 U.S.C. § 761 — Congressional declaration of purpose

**(a) Objectives** The Congress hereby declares that the general welfare and the common defense and security require positive and effective action to conserve scarce energy supplies, to insure fair and efficient distribution of, and the maintenance of fair and reasonable consumer prices for, such supplies, to promote the expansion of readily usable energy sources, and to assist in developing policies and plans to meet the energy needs of the Nation. **(b) Necessity for reorganization** The Congress finds that to help achieve these objectives, and to assure a coordinated and effective approach to overcoming energy shortages, it is necessary to reorganize certain agencies and functions of the executive branch and to establish a Federal Energy Administration. **(c) Creation of Federal Energy Administration** The sole purpose of this chapter is to create an administration in the executive branch, called the Federal Energy Administration, to vest in the Administration certain functions as provided in this chapter, and to transfer to such Administration certain executive branch functions authorized by other laws, where such transfer is necessary on an interim basis to deal with the Nation’s energy shortages.

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50 U.S.C. § 1621 — Declaration of national emergency by President; publication in Federal Register; effect on other laws; superseding legislation

**(a)** With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the Federal Register. **(b)** Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect (1) only when the President (in accordance with subsection (a) of this section), specifically declares a national emergency, and (2) only in accordance with this chapter. No law enacted after September 14, 1976, shall supersede this subchapter unless it does so in specific terms, referring to this subchapter, and declaring that the new law supersedes the provisions of this subchapter.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1601 — Congressional statement of findings; “materials” defined

**(a)** The Congress finds that— (1) the availability of materials is essential for national security, economic well-being, and industrial production; (2) the availability of materials is affected by the stability of foreign sources of essential industrial materials, instability of materials markets, international competition and demand for materials, the need for energy and materials conservation, and the enhancement of environmental quality; (3) extraction, production, processing, use, recycling, and disposal of materials are closely linked with national concerns for energy and the environment; (4) the United States is strongly interdependent with other nations through international trade in materials and other products; (5) technological innovation and research and development are important factors which contribute to the availability and use of materials; (6) the United States lacks a coherent national materials policy and a coordinated program to assure the availability of materials critical for national economic well-being, national defense, and industrial production, including interstate commerce and foreign trade; and (7) notwithstanding the enactment of [section 21a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section21a&num=0&edition=prelim), the United States does not have a coherent national materials and minerals policy. **(b) Definitions.—** In this chapter: (1) **Critical mineral.—** — The term “critical mineral” means any mineral, element, substance, or material designated as critical by the Secretary under [section 1606(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1606/c&num=0&edition=prelim). (2) **Materials.—** — The term “materials” means substances, inc

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 13103 — Persons required to file

**(a) Reports Filed Upon Entering a Filing Position.—** Within 30 days of assuming the position of an officer or employee described in subsection (f), an individual shall file a report containing the information described in [section 13104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13104/b&num=0&edition=prelim) unless the individual has left another position described in subsection (f) within 30 days prior to assuming such new position or has already filed a report under this subchapter with respect to nomination for the new position or as a candidate for the position. **(b) Reports for Nominees to Positions Requiring Senate Confirmation.—** (1) **In general.—** — Within 5 days of the transmittal by the President to the Senate of the nomination of an individual (other than an individual nominated for appointment to a position as a Foreign Service Officer or a grade or rank in the uniformed services for which the pay grade prescribed by [section 201 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201&num=0&edition=prelim) is O–6 or below) to a position, appointment to which requires the advice and consent of the Senate, such individual shall file a report containing the information described in [section 13104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13104/b&num=0&edition=prelim). Such individual shall, not later than the date of the first hearing to consider the nomination of such individual, make current the report filed pursuant to this paragraph by filing the information required by [section 13104(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13104/a/1/A&num=0&edition=preli

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50 U.S.C. § 4502 — Definitions

In this subchapter: (1) **Appropriate congressional committees** — Except as provided in [section 4584(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4584/d&num=0&edition=prelim), the term “appropriate congressional committees” means— (A) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate. (2) **Country of concern** — The term “country of concern” means— (A) the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions; (B) the Republic of Cuba; (C) the Islamic Republic of Iran; (D) the Democratic People’s Republic of Korea; (E) the Russian Federation; and (F) the Bolivarian Republic of Venezuela under the regime of Nicolas Maduro Moros. (3) **Covered foreign person** — Subject to regulations prescribed in accordance with this subchapter, the term “covered foreign person” means a foreign person that— (A) is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern; (B) is a member of the Central Committee of the Chinese Communist Party or is a member of the political leadership of a country of concern; (C) is subject to the direction or control of a country of concern, as defined by regulation, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof); or (D) is owned in the aggregate, directly or indirectly, 50 percent or more by a country of concern, an entity described in subparagraph

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4553 — Small business

**(a) Participation** Small business concerns shall be given the maximum practicable opportunity to participate as contractors, and subcontractors at various tiers, in all programs to maintain and strengthen the Nation’s industrial base and technology base undertaken pursuant to this chapter. **(b) Administration of chapter** In administering the programs, implementing regulations, policies, and procedures under this chapter, requests, applications, or appeals from small business concerns shall, to the maximum extent practicable, be expeditiously handled. **(c) Advisory committee participation** Representatives of small business concerns shall be afforded the maximum opportunity to participate in such advisory committees as may be established pursuant to this chapter. **(d) Information** Information about this chapter and activities undertaken in accordance with this chapter shall be made available to small business concerns. **(e) Allocations under section 4511** Whenever the President makes a determination to exercise any authority to allocate any material pursuant to [section 4511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4511&num=0&edition=prelim), small business concerns shall be accorded, to the extent practicable, a fair share of such material, in proportion to the share received by such business concerns under normal conditions, giving such special consideration as may be possible to emerging small business concerns.

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5 U.S.C. § 13109 — Confidential reports and other additional requirements

**(a) In General.—** (1) **Authority to require confidential financial disclosure reports.—** — Each supervising ethics office may require officers and employees under its jurisdiction (including special Government employees as defined in [section 202 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section202&num=0&edition=prelim)) to file confidential financial disclosure reports, in such form as the supervising ethics office may prescribe. The information required to be reported under this subsection by the officers and employees of any department or agency shall be set forth in rules or regulations prescribed by the supervising ethics office, and may be less extensive than otherwise required by this subchapter, or more extensive when determined by the supervising ethics office to be necessary and appropriate in light of sections 202 through 209 of title 18, regulations promulgated under those sections, or the authorized activities of such officers or employees. Any individual required to file a report pursuant to [section 13103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13103&num=0&edition=prelim) shall not be required to file a confidential report pursuant to this subsection, except with respect to information which is more extensive than information otherwise required by this subchapter. Subsections (a), (b), and (d) of [section 13107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13107&num=0&edition=prelim) shall not apply with respect to any such report. (2) **Confidentiality.—** — Any information required to be provided by an individual under this subsection shall be confidential and shall not be disclosed to the public. (3) **No exempti

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50 U.S.C. § 4511 — Short title

This chapter, divided into subchapters, may be cited as “the Defense Production Act of 1950”.

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5 U.S.C. § 3109 — Employment of experts and consultants; temporary or intermittent

**(a)** For the purpose of this section— (1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and (2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). **(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to— (1) the provisions of this title governing appointment in the competitive service; (2) chapter 51 and subchapter III of chapter 53 of this title; and (3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization. However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services. **(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section. **(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t

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