June 28, 1955, ch. 189, § 12(c)(1)69 Stat. 180 Repealed. ,
Presidential appointments
Notice and financial disclosure requirements.—
Public notice of appointment .—
Financial disclosure .—
Employment of experts and consultants
section 3109 of title 5The 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 . 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.
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.
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.
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.
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.
Sept. 8, 1950, ch. 93264 Stat. 819July 31, 1951, ch. 27565 Stat. 139June 28, 1955, ch. 189, § 12(c)(1)69 Stat. 180Aug. 9, 1955, ch. 65569 Stat. 582Pub. L. 94–152, § 589 Stat. 820Pub. L. 102–558, title I, § 143106 Stat. 4217Pub. L. 111–67, § 10123 Stat. 2019Pub. L. 117–286, § 4(c)(47)136 Stat. 4359(, title VII, § 710, ; , title I, § 109(f), ; , ; , §§ 7, 8, , 583; , , ; , , ; , , ; , , .)
Termination of Section
section 4564(a) of this titleFor termination of section, see .
Editorial Notes
References in Text
act Sept. 8, 1950, ch. 93264 Stat. 798section 4501 of this titleThis chapter, referred to in subsecs. (b), (c), and (g), was in the original “this Act” or “the Act”, meaning , , known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see and Tables.
Codification
Section was formerly classified to section 2160 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
section 3109 of title 5section 55a of title 5act Aug. 2, 1946, ch. 74460 Stat. 810section 55a of title 5Pub. L. 89–554, § 7(b)80 Stat. 631In subsec. (c), “” substituted for “ of the United States Code” as if it had been a reference to section 15 of , , on which was based, on authority of , , , the first section of which enacted Title 5, Government Organization and Employees.
Amendments
Pub. L. 117–286section 13103 of title 5section 13109 of title 52022—Subsec. (b)(5)(B). substituted “,” for “section 101 of the Ethics in Government Act of 1978,” and “” for “section 107 of that Act”.
Pub. L. 111–67, § 10(1)(A)2009—Subsec. (b)(2)(iii). , struck out cl. (iii), which read as follows: “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.”
Pub. L. 111–67, § 10(1)(B)Subsec. (b)(4), (5). , (C), redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out former par. (4), which exempted persons employed under subsec. (b) from certain provisions restricting activities of and payments to retired military officers and public officials, with specific exceptions.
Pub. L. 111–67, § 10(1)(D)Subsec. (b)(6). , substituted “The Director of the Office of Personnel Management shall carry out a biennial survey of” for “At least once every three months the Director of the Office of Personnel Management shall survey”.
Pub. L. 111–67, § 10(1)(C), redesignated par. (7) as (6). Former par. (6) redesignated (5).
Pub. L. 111–67, § 10(1)(C)Subsec. (b)(7), (8). , redesignated par. (8) as (7). Former par. (7) redesignated (6).
Pub. L. 111–67, § 10(2)section 99 of title 5Subsec. (c). , struck out at end “The President is authorized to provide by regulation for the exemption of such persons from the operation of sections 281, 283, 284, 434, and 1914 of title 18 and .”
Pub. L. 111–67, § 10(3)section 99 of title 5Subsec. (d). , substituted “needed.” for “needed; and he is authorized to provide by regulation for the exemption of persons whose services are utilized under this subsection from the operation of sections 281, 283, 284, 434, and 1914 of title 18 and .”
Pub. L. 111–67, § 10(4)section 99 of title 5Subsec. (e). , substituted “national defense emergency, as determined by the President” for “emergency” and struck out at end “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, and 1914 of title 18 and .”
Pub. L. 102–558, § 143(a)1992—Subsec. (b)(6). , amended par. (6) generally. Prior to amendment, par. (6) read as follows: “The heads of the departments or agencies making appointments under this subsection 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.”
Pub. L. 102–558, § 143(b)(1)Subsec. (b)(7). , substituted “Director of the Office of Personnel Management” for “Chairman of the United States Civil Service Commission” and “his or her findings” for “his findings”, struck out “and the Joint Committee on Defense Production” after “to the President”, and substituted “he or she may” for “he may”.
Pub. L. 102–558, § 143(b)(2)section 5703 of title 5Subsec. (b)(8). , substituted “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 ” for “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”.
Pub. L. 94–1521975—Subsec. (e). substituted provisions authorizing per diem in lieu of subsistence in accordance with provisions of title 5 with respect to individuals serving without pay while away from their homes or regular places of business, for provisions authorizing $15 per diem in lieu of subsistence.
1955—Subsec. (a). Act , repealed subsec. (a) which authorized President to place positions and employ persons temporarily in grades 16, 17, and 18 of the General Schedule established by Classification Act of 1949.
Subsec. (b). Act , § 7, imposed additional restrictions on employment of persons without compensation by establishing guides to be used by President, requiring written certification, publication of statements, and a survey of appointments.
Subsecs. (e) to (g). Act , § 8, added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
1951—Subsec. (f). Act , added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Pub. L. 102–558section 304 of Pub. L. 102–558section 4502 of this titleAmendment by deemed to have become effective , see , set out as a note under .
Effective Date of 1975 Amendment
Pub. L. 94–152section 9 of Pub. L. 94–152section 4558 of this titleAmendment by effective at close of , see , as amended, set out as a note under .
Effective Date of 1955 Amendments
section 4502 of this titleAmendment by act , effective as of close of , see section 11 of act , set out as a note under .
Executive Documents
Delegation of Functions
Authority of President to implement the Defense Production Act of 1950 (this chapter) in this subchapter—
section 4512 of this title(1) with respect to hoarding of health and medical resources necessary to respond to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, , 85 F.R. 17001, set out as a note under ;
section 4511 of this title(2) with respect to responding to the spread of COVID–19 within the United States delegated to Secretary of Health and Human Services and Secretary of Homeland Security, see section 2(a) of Ex. Ord. No. 13911, , 85 F.R. 18403, set out as a note under ;
section 4532 of this title(3) in addition to the delegation of authority in Ex. Ord. No. 13911, delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 2 of Ex. Ord. No. 13922, , 85 F.R. 30583, set out as a note under ; and
section 1621 of this titlesection 1601 of Title 30(4) with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, , 90 F.R. 8433, set out as a note under , delegated to the Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, , 90 F.R. 13673, set out as a note under , Mineral Lands and Mining.
section 761 of Title 15Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, , 39 F.R. 23185, set out under , Commerce and Trade.
section 4553 of this titleFor delegation of authority of President under subsecs. (b), (c), and (e) of this section, see sections 501(b) and 502 of Ex. Ord. No. 13603, , 77 F.R. 16656, set out as a note under .