a showing by the President that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, restraining order, or other order, with or without such injunction or restraining order, shall be granted without bond.

(b) The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] or any rule, regulation, order, or subpena thereunder, and of all civil actions under this Act [said sections] to enforce any liability or duty created by, or to enjoin any violation of, this Act [said sections] or any rule, regulation, order, or subpena thereunder. Any criminal proceeding on account of any such violation may be brought in any district in which any act, failure to act, or transaction constituting the violation occurred. Any such civil action may be brought in any such district or in the district in which the defendant resides or transacts business. Process in such cases, criminal or civil, may be served in any district wherein the defendant resides or transacts business or wherever the defendant may be found; the subpena for witnesses who are required to attend a court in any district in such case may run into any other district. The termination of the authority granted in any title or section of this Act [said sections], or of any rule, regulation, or order issued thereunder, shall not operate to defeat any suit, action, or prosecution, whether theretofore or thereafter commenced, with respect to any right, liability, or offense incurred or committed prior to the termination date of such title or of such rule, regulation, or order. No costs shall be assessed against the United States in any proceeding under this Act [said sections]. All litigation arising under this Act [said sections] or the regulations promulgated thereunder shall be under the supervision and control of the Attorney General. (Sept. 8, 1950, ch. 932, title VII, § 706, 64 Stat. 817; July 31, 1951, ch. 275, title I, § 109 (e), 65 Stat. 139.)

AMENDMENTS

1951-Subsec. (a). Act July 31, 1951, broadened the relief a court may grant when the Government seeks to enjoin violations.

TERMINATION DATE

Termination of this section on June 30, 1972, see section 2166(a) of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2093, 2151 to 2155, 2157 to 2163, 2164 to 2166, 2182, 2183 of this Appendix.

§ 2157. Liability for compliance with invalid regulations; discrimination against orders or contracts affected by priorities or allocations.

No person shall be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with a rule, regulation, or order issued pursuant to this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix], notwithstanding that any such rule, regulation, or order shall thereafter be declared by judicial or other compe

tent authority to be invalid. No person shall discriminate against orders or contracts to which priority is assigned or for which materials or facilities are allocated under title I of this Act [sections 2071 to 2073 of this Appendix] or under any rule, regulation, or order issued thereunder, by charging higher prices or by imposing different terms and conditions for such orders or contracts than for other generally comparable orders or contracts, or in any other manner. (Sept. 8, 1950, ch. 932, title VII, § 707, 64 Stat. 818; June 30, 1952, ch. 530, title I, § 118, 66 Stat. 306.)

AMENDMENTS

1952-Act June 30, 1952 in first sentence struck out "his" preceding "compliance with".

TERMINATION DATE

Termination of this section on June 30, 1972, see section 2166(a) of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2093, 2151 to 2156, 2158 to 2163, 2164 to 2166, 2182, 2183 of this Appendix.

§ 2158. Voluntary agreements and programs; exemptions from anti-trust laws and Federal Trade Commission Act; surveys and reports to Congress; termination.

(a) The President is authorized to consult with representatives of industry, business, financing, agriculture, labor, and other interests, with a view to encouraging the making by such persons with the approval by the President of voluntary agreements and programs to further the objectives of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix].

(b) No act or omission to act pursuant to this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] which occurs while this Act [said sections] is in effect, if requested by the President pursuant to a voluntary agreement or program approved under subsection (a) [of this section] and found by the President to be in the public interest as contributing to the national defense shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act [sections 41 to 46 and 47 to 58 of Title 15] of the United States.

(c) The authority granted in subsection (b) of this section shall be delegated only (1) to officials who shall for the purpose of such delegation be required to be appointed by the President by and with the advice and consent of the Senate, unless otherwise required to be so appointed, and (2) upon the condition that such officials consult with the Attorney General and with the Chairman of the Federal Trade Commission not less than ten days before making any request or finding thereunder, and (3) upon the condition that such officials obtain the approval of the Attorney General to any request thereunder before making the request. For the purpose of carrying out the objectives of title I of this Act [sections 2071 to 2073 of this title], the authority granted in subsection (b) of this section shall not be delegated except to a single official of the Government.

(d) Upon withdrawal of any request or finding made hereunder, or upon withdrawal by the Attor

ney General of his approval of the voluntary agreement or program on which the request or finding is based, the provisions of this section shall not apply to any subsequent act or omission to act by reason of such finding or request.

(e) The Attorney General is directed to make, or request the Federal Trade Commission to make for him, surveys for the purpose of determining any factors which may tend to eliminate competition, create or strengthen monopolies, injure small business, or otherwise promote undue concentration of economic power in the course of the administration of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix]. Such surveys shall include studies of the voluntary agreements and programs authorized by this section. The Attorney General shall submit to the Congress and the President at least once every three months reports setting forth the results of such studies of voluntary agreements and programs authorized by this section. (Sept. 8, 1950, ch. 932, title VII, § 708, 64 Stat. 818; June 30, 1952, ch. 530, title I, § 116(c), 66 Stat. 305; Aug. 9, 1955, ch. 655, § 6, 69 Stat. 581; Sept. 26, 1961, Pub. L. 87-305, § 5(b), 75 Stat. 667; Dec. 23. 1969, Pub. L. 91-151, title I, § 9, 83 Stat. 376.)

ANNUAL SUBMISSION OF REPORTS

Pub. L. 89-348, § 2(11), Nov. 8, 1965, 79 Stat. 1313, modified the provisions of subsection (e) of this section to require annual instead of quarterly submission of the report concerning voluntary agreements and programs.

AMENDMENTS

1969-Subsec. (b). Pub. L. 91-151, § 9(a), deleted provision under which the exemption from the prohibitions of the antitrust laws and the application of the Federal Trade Commission Act had been limited to only those voluntary agreements covering military equipment purchased by the Defense Department.

Subsec, (f). Pub. L. 91-151, § 9(b), struck out subsec. (f) which had prohibited approval of voluntary credit control agreements under this section after June 30, 1952. 1961-Subsec. (e). Pub. L. 87-305 deleted ", and the reports hereafter required," following "Such surveys" and "within ninety days after the approval of this Act [September 8, 1950], and" following "President" and substituted "studies of voluntary agreements and programs authorized by this section" for "such surveys and including such recommendations as he may deem desirable." 1955-Subsec. (b). Act Aug. 9, 1955, § 6(1), added proviso clause.

Subsec. (d). Act Aug. 9, 1955, § 6(2), exempted subsequent acts or omissions to act upon withdrawal by the Attorney General of his approval of the voluntary agreement or program.

Subsec. (e). Act Aug. 9, 1955, § 6 (3), (4), included studies of the voluntary agreements and programs in surveys and reports, and required the Attorney General to report to Congress at least once every three months. 1952-Subsec. (f). Act June 30, 1952 added subsec. (f).

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment of this section by act Aug. 9, 1955, effective as of the close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a note under section 2062 of this Appendix.

TRANSFER OF FUNCTIONS

Functions of the Director of the Office of Defense Mobilization were transferred to the President of the United States by section 1 of 1958 Reorg. Plan No. 1, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended, set out as a note under section 2271 of this Appendix, and the Federal Civil se Administration was consolidated with

the Office of Defense Mobilization to form the Office of Emergency Preparedness in the Executive Office of the President.

TERMINATION DATE

Termination of this section on June 30, 1972, see section 2166(a) of this Appendix.

DELEGATION OF FUNCTIONS TO SMALL BUSINESS
ADMINISTRATOR

Certain functions conferred on the President by this section as delegated to the Administrator of the Small Business Administration, see Ex. Ord. 10493, Oct. 15, 1953, 18 F. R. 6583, set out as a note under section 646 of Title 15, Commerce and Trade. Ex. Ord. 10370, July 8, 1952, 17 F.R. 6141, which delegated the authority, vested in the President by this section, to the Small Defense Plants Administrator was revoked by Ex. Ord. No. 10493, Oct. 15, 1953, 18 F.R. 6583, set out as a note under section 646 of Title 15, Commerce and Trade.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2093, 2151 to 2157, 2159 to 2163, 2164 to 2166, 2182, 2183 of this Appendix.

§ 2159. Exemption from Administrative Procedure Act; statements in rules, regulations, and orders as to consultation with industry representatives.

The functions exercised under this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] shall be excluded from the operation of the Administrative Procedure Act (60 Stat. 237) [sections 551 et seq. and 701 et seq. of Title 51 except as to the requirements of section 3 thereof [section 1002 of Title 5]. Any rule, regulation, or order, or amendment thereto, issued under authority of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] shall be accompanied by a statement that in the formulation thereof there has been consultation with industry representatives, including trade association representatives, and that consideration has been given to their recommendations, or that special circumstances have rendered such consultation impracticable or contrary to the interest of the national defense, but no such rule, regulation, or order shall be invalid by reason of any subsequent finding by judicial or other authority that such a statement is inaccurate. (Sept. 8, 1950, ch. 932, title VII, § 709, 64 Stat. 819.)

TERMINATION DATE Termination of this section on June 30, 1972, see section 2166(a) of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2061, 2072, 2093, 2151 to 2158, 2160 to 2163, 2164 to 2166, 2182, 2183 of this Appendix.

§ 2160. Employment of personnel; appointment policies; nucleus executive reserve; use of confidential information by employees; printing and distribution of reports.

(a) Repealed. June 28, 1955, ch. 189, § 12 (c) (1), 69 Stat. 180.

(b) (1) The President is further authorized, to the extent he deems it necessary and appropriate in order to carry out the provisions of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] 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 the Act [said sections] 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.

(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 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 is exempted, with respect to such employment, from the operation of sections 281, 283, 284, 434, and 1914 of Title 18, and section 190 of the Revised Statutes [now covered by section 207 of Title 181, 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 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 the Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix];

(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.

(6) 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.

(7) At least once every three months the Chairman of the United 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 may 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.

(c) The President is authorized, to the extent he deems it necessary and appropriate in order to carry out the provisions of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] to employ experts and consultants or organizations thereof as authorized by section 55a of Title 5. 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. 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 section 190 of the Revised Statutes [now covered by section 207 of Title 18].

(d) 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; 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 section 190 of the Revised Statutes [now covered by section 207 of Title 181.

(e) 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 emergency. Members of this executive reserve who are not fulltime Government employees may be allowed transportation and not to exceed $15 per diem in lieu of subsistence while away from their homes or regular places of business for the purpose of participating in the executive reserve training program. 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 section 190 of the Revised Statutes [now covered by section 207 of Title 18].

The

(f) 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) 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 Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix]. (Sept. 8, 1950, ch. 932, title VII, § 710, 64 Stat. 819; July 31, 1951, ch. 275, title I, § 109 (f), 65 Stat. 139; June 28, 1955, ch. 189, § 12(c) (1), 69 Stat. 180; Aug. 9, 1955, ch. 655, §§ 7, 8, 69 Stat. 583.)

ANNUAL SUBMISSION OF REPORTS

Pub. L. 89-348, § 2(11), Nov. 8, 1965, 79 Stat. 1313 modified the provisions of subsection (b) (7) of this section to require annual instead of quarterly submission of the report to the Congress by the Chairman of the United States Civil Service Commission.

REFERENCES IN TEXT

Section 55a of Title 5, referred to in text, is now covered by section 3109 of Title 5, Government Organization and Employees.

Sections 281, 283, 284, 434, and 1914 of Title 18, referred to in text, were repealed by Pub. L. 87-489, § 2, Oct. 23, 1962, 76 Stat. 1126. See sections 203, 205, 207, 208 and 209, respectively of Title 18, Crimes and Criminal Procedure.

AMENDMENTS

1955-Subsec. (a). Act June 28, 1955 repealed subsec. (a) which authorized the President to place positions and employ persons temporarily in grades 16, 17, and 18 of the General Schedule established by the Classification Act of 1949.

Subsec. (b). Act Aug. 9, 1955, § 7, imposed additional restrictions on the employment of persons without compensation by establishing guides to be used by the President, requiring written certification, publication of statements, and a survey of appointments.

Subsec. (e). Act Aug. 9, 1955, § 8 added subsec. (e). Former subsec. (e) redesignated (f).

Subsecs. (f) and (g). Act Aug. 9, 1955, § 8 redesignated former subsecs. (e) and (f) as (f) and (g). 1951-Subsec. (f). Act July 31, 1951 added subsec. (f). EFFECTIVE DATE OF 1955 AMENDMENTS Amendment of this section by act Aug. 9, 1955, effective as of the close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a note under section 2062 of this Appendix.

Amendment of this section by act June 28, 1955, was effective on June 28, 1965.

TERMINATION DATE

Termination of this section on June 30, 1972, see section 2166(a) of this Appendix.

CROSS REFERENCES

Mutual security program, employment of persons of outstanding experience and ability for, see section 2386 of Title 22, Foreign Relations and Intercourse.

PROVISIONS FOR APPOINTMENTS AND EXEMPTIONS Ex. Ord. No. 10182, Nov. 21, 1950, 15 F. R. 8013, as amended by Ex. Ord. No. 10205, Jan. 16, 1951, 16 F. R. 419, which provided for appointments and exemptions, was revoked by Ex. Ord. No. 10647, Nov. 29, 1955, 20 F.R. 8769, set out as a note under this section.

Ex. ORD. No. 10647. EMPLOYMENT AND
APPOINTMENT OF PERSONNEL

Ex. Ord. No. 10647, Nov. 29, 1955, 20 F.R. 8769, as amended by Ex. Ord. No. 11355, May 26, 1967, 32 F.R. 7803, provided:

By virtue of the authority vested in me by the Defense Production Act of 1950 (64 Stat. 798), as amended [sections 2061, 2062, 2071-2073, 2091-2094, 2151-2163 and 2164-2168 of this Appendix], hereinafter referred to as the Act, it is hereby ordered as follows:

PART I DELEGATION OF AUTHORITY

SECTION 101 (a) There is hereby delegated to the head of each department or agency to whom functions are delegated or assigned under the Act the authority vested in the President by subsection 710 (b) (1) of the Act [subsection (b) (1) of this section] to employ persons of outstanding experience and ability without compensation. The authority delegated by this subsection shall not be redelegated.

(b) There is hereby further delegated to the head of each such department or agency the authority vested in the President by subsection 710 (c) of the Act [subsection (c) of this section] to employ experts and consultants or organizations thereof. The authority delegated by this subsection shall not be redelegated.

SEC. 102. The head of each department or agency to whom authority is delegated by subsections 101 (a) and 101 (b) of this order shall be guided in the exercise of that authority by the following-described policies:

(a) So far as possible, operations under the Act [sections 2061, 2062, 2071-2073, 2091-2094, 2151-2163 and 2164-2168 of this Appendix] shall be carried on by fulltime, salaried employees of the Government, and appointments under this authority shall, so far as possible, be to advisory or consultative positions only.

(b) 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.

(c) In addition to other requirements imposed by this order, the head of the department or agency involved shall, in the appointment of personnel and in assignment of their duties, take steps to avoid, to as great an extent as possible, any conflict between the Government duties and the private interests of such personnel.

SEC. 103. (a) All persons appointed pursuant to the authority delegated by subsection 101 (a) of this order, or appointed pursuant to the authority delegated by subsection 101 (a) of Executive Order No. 10182 of November 21, 1950, as amended by Executive Order No. 10205 of January 16, 1951 [revoked by section 306 of this order], and still employed on the date of this order, shall, when policy matters are involved, be limited to advising appropriate, full-time Government officials who are responsible for making policy decisions.

(b) All persons appointed pursuant to the authority delegated by subsection 101 (b) of this order, or appointed pursuant to the authority delegated by subsection 101 (b) of the said Executive Order No. 10182, as amended [revoked by section 306 of this order], and still employed on the date of this order, shall, when policy matters are involved, be limited to advising appropriate persons who are responsible for making policy decisions or who are authorized to make recommendations with respect to policy matters.

PART II-EXEMPTIONS

[Revoked by Ex. Ord. No. 11355, May 26, 1967, 32 F.R. 7803] PART III-CERTIFICATIONS, STATEMENTS, AND REPORTS SEC. 301. (a) Appointments made pursuant to the authority delegated by subsection 101 (a) of this order shall be supported by written certification by the head of the employing department or agency:

(1) That the appointment is necessary and appropriate in order to carry out the provisions of the Act [sections 2061, 2062, 2071-2073, 2091-2094, 2151-2163 and 2164-2168 of this Appendix];

(2) That the duties of the position to which the appointment is being made require outstanding experience and ability;

(3) That the appointee has the outstanding experience and ability required by the position; and

(4) 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.

(b) The certification required by subsection (a) of this section shall be accompanied by a statement;

(1) Describing the functions under the Act [sections 2061, 2062, 2071-2073, 2091-2094, 2151-2163 and 2164—— 2168 of this Appendix] which the appointee is expected to perform and his responsibilities and duties in performing such functions;

(2) Showing why the head of the department or agency has concluded that the duties of the position require outstanding experience and ability;

(3) Showing the appointee's experience and accomplishments which justify the conclusion of the head of the department or agency that the employee has outstanding experience and ability; and

(4) Setting forth a summary of the reasons why the head of the department or agency has been unable to obtain a person with the qualifications necessary for the position on a full-time, salaried basis.

Sec. 302. (a) The heads of the departments or agencies making appointments pursuant to the authority delegated by subsection 101 (a) of this order shall, within thirty days from the date of appointment, file with the Federal Register Division for publication in the Federal Register a statement including:

(1) The name of the appointee;

(2) The name of the employing department or agency; (3) The title of the appointee's position; and

(4) The name of the appointee's private employer or employers.

(b) All persons appointed pursuant to the authority delegated by subsection 101 (a) of this order shall, within thirty days from the date of the appointment, file with the Federal Register Division for publication in the Federal Register a statement listing:

(1) The names of any corporation of which he is, or within 60 days preceding his appointment has been, an officer or director;

(2) The names of any corporation in which he owns, or within 60 days preceding his appointment has owned, any stocks, bonds, or other financial interests;

(3) The names of any partnerships in which he is, or within 60 days preceding his appointment has been, a partner; and

(4) The names of any other businesses in which he owns, or within 60 days preceding his appointment has owned, any similar interest.

(c) At the end of each succeeding six-month period, the appointee shall file with the Federal Register Division for publication in the Federal Register a statement showing any changes in such interests during such period.

(d) As used in this section:

(1) The term "owns" or "has owned" refers to any legal or equitable, vested or contingent, interest, however held. The names of corporations, partnerships, or other businesses in which a legal interest is owned by the appointee in a fiduciary capacity shall be listed only when any beneficiary is the spouse, parent, child, brother, or sister of the appointee. The names of corporations, partnerships. or other businesses in which an equitable interest is owned by the appointee shall be listed only when the appointee controls, or participates in the control of, the legal interest. However, the name and nature of the legal interest shall be specified when the appointee owning an equitable interest does not control, or participate in the control of, the legal interest.

(2) The term "other financial interests" includes any direct or indirect interests in the pecuniary profits or contracts of corporations, partnerships, or other businesses, including salaries, commissions, bonuses, options. retirement benefits, severance pay, or like interests, but excludes insurance policies of insurance companies in which the sole interest of the appointee is that policy.

SEC. 303. Persons employed pursuant to the authority delegated by subsection 101 (a) or 101 (b) of this order may 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. Persons employed pursuant to the authority delegated by subsection 101 (b) of this order may also be compensated at rates not in excess of $50 per diem.

SEC. 304. All appointments under 710 (b) (1) and 710 (c) of the Act [subsection (b) (1) and (c) of this section] shall be made under the terms of this order. All persons heretofore appointed under subsection 101 (a) of Executive Order No. 10182, as amended by Executive Order No. 10205, who are still employed on the date of this order shall comply with this Part, and, upon compliance, shall be deemed for all purposes to have been appointed under this order and to be subject to its provisions, including the provisions of subsections 302 (a) and 302 (b) relating to statements required thereby, except that statements relating to appointments made under subsection 101 (a) of Executive Order No. 10182, as amended [revoked by section 306 of this order], shall be filed within thirty days from the date of this order.

SEC. 305. (a) At least once every twelve months the Chairman of the Civil Service Commission shall survey appointments made under section 710 (b)(1) of the Act [subsec. (b) (1) of this section]. Such survey shall include the following:

(1) A determination whether a statement with respect to each person appointed pursuant to subsection 101 (a) of this order has been filed by the head of the department or agency concerned in accordance with the requirements of subsection 302 (a) of this order;

(2) A determination whether each person appointed pursuant to the said subsection 101 (a) has filed a statement in accordance with the requirements of subsection 302 (b) of this order;

(3) A determination whether each person appointed pursuant to subsection 101 (a) of this order who has served six months or more has filed a statement in accordance with the requirements of subsection 302 (c) of this order;

(4) A determination whether a statement with respect to each person appointed pursuant to subsection 101 (a) of Executive Order No. 10182, as amended by Executive Order No. 10205 [revoked by section 306 of this order], has been filled by the head of the department or agency