15 U.S.C. § 715j — ‘‘President’’ as including agencies, officers

Page 1185 TITLE 15—COMMERCE AND TRADE § 715k positions into the classified (competitive) civil service. The Order is set out as a note under section 3301 of Title 5, Government Organization and Employees. ‘‘Chapter 51 and subchapter III of chapter 53 of title 5’’ substituted in subsec. (b) for ‘‘the Classification Act of 1949, as amended’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5. AMENDMENTS 1949—Subsec. (b). Act Oct. 28, 1949, substituted ‘‘Clas- sification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. § 715i. Restraining violations (a) Mandatory injunction upon application of President Upon application of the President, by the At- torney General, the United States District Courts shall have jurisdiction to issue manda- tory injunctions commanding any person to comply with the provisions of this chapter or any regulation issued thereunder. (b) Discretionary action in district court to en- join acts or practices Whenever it shall appear to the President that any person is engaged or about to engage in any acts or practices that constitute or will con- stitute a violation of any provision of this chap- ter or of any regulation thereunder, he may in his discretion, by the Attorney General, bring an action in the proper United States District Court to enjoin such acts or practices, and upon a proper showing a permanent or temporary in- junction or restraining order shall be granted without bond. (c) Exclusive jurisdiction of district court; re- view The United States District Courts shall have exclusive jurisdiction of violations of this chap- ter or the regulations thereunder, and of all suits in equity and actions at law brought to en- force any liability or duty created by, or to en- join any violation of, this chapter or the regula- tions thereunder. Any criminal proceeding may be brought in the district wherein any act or transaction constituting the violation occurred. Any suit or action to enforce any liability or duty created by this chapter or regulations thereunder, or to enjoin any violation of this chapter or any regulations thereunder, may be brought in any such district or in the district wherein the defendant is found or is an inhab- itant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wher- ever the defendant may be found. Judgments and decrees so rendered shall be subject to re- view as provided in sections 1254, 1291, and 1292 of title 28. (Feb. 22, 1935, ch. 18, § 10, 49 Stat. 33.) Editorial Notes CODIFICATION In subsec. (c), ‘‘sections 1254, 1291, and 1292 of title 28’’ substituted for ‘‘sections 128 and 240 of the Judicial Code, as amended [28 U.S.C. 225 and 347]’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Proce- dure. § 715j. ‘‘President’’ as including agencies, officers and employees Wherever reference is made in this chapter to the President such reference shall be held to in- clude, in addition to the President, any agency, officer, or employee who may be designated by the President for the execution of any of the powers and functions vested in the President under this chapter. (Feb. 22, 1935, ch. 18, § 11, 49 Stat. 33.) Executive Documents DELEGATION OF FUNCTIONS Ex. Ord. No. 6979, Feb. 28, 1935, which designated and appointed Secretary of the Interior to execute powers and functions vested in President by this chapter ex- cept those vested in him by section 715c of this title, was superseded by Ex. Ord. No. 10752, set out below. Ex. Ord. No. 7756, Dec. 1, 1937, 2 F.R. 2664, which dele- gated to Secretary of the Interior powers and functions vested in President under this chapter except those vested in him by section 715c of this title, and author- ized Secretary to establish a Petroleum Conservation Division in Department of the Interior, the functions and duties of which shall be: (1) to assist, in such man- ner as may be prescribed by Secretary of the Interior, in administering said act, (2) to cooperate with oil and gas-producing States in prevention of waste in oil and gas production and in adoption of uniform oil- and gas- conservation laws and regulations, and (3) to keep in- formed currently as to facts which may be required for exercise of responsibility of President under section 715c of this title, was superseded by Ex. Ord. No. 10752, set out below. EX. ORD. NO. 10752. DELEGATION OF FUNCTIONS TO THE SECRETARY OF THE INTERIOR Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973, provided: SECTION 1. The Secretary of the Interior is hereby designated and appointed as the agent of the President for the execution of all the powers and functions vested in the President by the act of February 22, 1935, 49 Stat. 30, entitled ‘‘An Act to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes,’’ as amended (15 U.S.C. 715 et seq.), ex- cept those vested in the President by section 4 of the act (15 U.S.C. 715c). SEC. 2. The Secretary of the Interior may make such provisions in the Department of the Interior as he may deem appropriate to administer the said act. SEC. 3. This Executive order supersedes Executive Order No. 6979 of February 28, 1935, Executive Order No. 7756 of December 1, 1937 (2 F.R. 2664), Executive Order No. 9732 of June 3, 1946 (11 F.R. 5985), and paragraph (q) of section 1 of Executive Order No. 10250 of June 5, 1951 (16 F.R. 5385). DWIGHT D. EISENHOWER. § 715k. Saving clause If any provision of this chapter, or the applica- tion thereof to any person or circumstance, shall be held invalid, the validity of the remain- der of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. (Feb. 22, 1935, ch. 18, § 12, 49 Stat. 33.)