Bank shall designate for this purpose.

SEC. 312. The functions conferred by sections 303, 305, and 306 of this order shall be carried out in accordance with programs certified by the Director of the Office of Defense Mobilization. Each officer and agency of the Government delegated or assigned functions by or pursuant to Part II or Part III of this order shall make recommendations to the Director of the Office of Defense Mobilization for the issuance of certificates or other action under sections 302 and 303 of the Defense Production Act of 1950, as amended, and for the issuance of certificates under subsections (e) and (g) of Section 124A of the Internal Revenue Code, with respect to the materials and facilities within his or its particular jurisdiction.

SEC. 313. The Director of the Office of Defense Mobilization is hereby authorized and directed to submit to the Congress the reports required by the second proviso of section 304 (b) of the Defense Production Act of 1950, as amended.

PART IV. LABOR SUPPLY

SEC. 401. The Secretary of Labor shall utilize the functions vested in him so as to meet most effectively the labor needs of defense industry and essential civilian employment, and to this end he shall:

(a) Assemble and analyze information on, and make a continuing appraisal of, the nation's labor requirements for defense and other activities and the supply of workers. All agencies of the Government shall cooperate with the Secretary in furnishing information necessary for this purpose.

(b) Consult with and advise each delegate of the Director of the Office of Defense Mobilization referred to in section 201 (a) of this order and each official of the Government exercising guarantee or loan functions under Part III of this order concerning (1) the effect of contemplated actions on labor supply and utilization, (2) the relation of labor supply to materials and facilities requirements, (3) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor.

(c) Formulate plans, programs, and policies for meeting defense and essential civilian labor requirements.

(d) Utilize the public employment

service system, and enlist the cooperation and assistance of management and labor to carry out these plans and programs and accomplish their objectives.

(e) Determine the occupations critical to meeting the labor requirements of defense and essential civilian activities and with the Secretary of Defense, the Director of Selective Service, and such other persons as the Director of the Office of Defense Mobilization may designate develop policies applicable to the induction and deferment of personnel for the armed services, except for civilian personnel in the reserves.

PART V. VOLUNTARY AGREEMENTS

SEC. 501. The functions conferred upon the President by section 708 of the Defense Production Act of 1950, as amended, are hereby delegated to the Director of the Office of Defense Mobilization. Each officer of the Government to whom functions under Title I of the Defense Production Act of 1950, as amended, are delegated or otherwise assigned by the Director of the Office of Defense Mobilization under section 201 (a) hereof may, with respect to the materials and facilities within his jurisdiction, carry out the consultations referred to in subsection 708 (a) of that Act, and make recommendations to the Director of the Office of Defense Mobilization for the approval of voluntary agreements and programs as provided in section 708 of that Act.

PART VI. GENERAL PROVISIONS
SEC. 601. As used in this order:

(a) The term "functions" includes powers, duties, authority, responsibilities, and discretion.

(b) The term "materials" includes raw materials, articles, commodities, products, supplies, components, technical information, and processes, but excludes fissionable materials as defined in the Atomic Energy Act of 1946.

c) The term "petroleum" shall mean crude oil and synthetic liquid fuel, their products, and associated hydrocarbons, including pipelines for the movement thereof.

(d) The term "gas" shall mean natural gas and manufactured gas, including pipelines for the movement thereof.

(e) The term "solid fuels" shall mean all forms of anthracite, bituminous, subbituminous, and lignitic coals; coke; and coal chemicals.

(f) The term "electric power" shall mean all forms of electric power and energy, including the generation, transmission, distribution, and utilization thereof.

(g) The term "metals and minerals" shall mean all raw materials of mineral origin, including their refining and processing but excluding their fabrication.

(h) The term "food" shall mean all commodities and products, simple, mixed, or compound, or complements to such commodities or products, that are capable of being eaten or drunk by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. For the purposes of this order the term "food" shall also include all starches, sugars, vegetable and animal fats and oils, cotton, tobacco, wool, mohair, hemp, flax fiber, and naval stores, but shall not include any such material after it loses its identity as an agricultural commodity or agricultural product.

(i) The term "farm equipment" shall mean equipment manufactured for use on farms in connection with the production or processing of food.

(j) The term "fertilizer" shall mean fertilizer in form for distribution to the users thereof.

(k) The term "domestic transportation, storage, and port facilities" shall include locomotives, cars, motor vehicles, watercraft used on inland waterways, in harbors, and on the Great Lakes, and other vehicles, vessels, and all instrumentalities of shipment or carriage, irrespective of ownership, and all services in or in connection with the carriage of persons or property in intrastate, interstate, or foreign commerce within the United States, its Territories and possessions, and the District of Columbia, except movement of petroleum and gas by pipeline; and warehouses, piers, docks, wharves, loading and unloading equipment, and all other structures and facilities used in connection with the transshipment of persons and property between domestic carriers and carriers engaged in coastwise, intercoastal, and overseas transportation.

SEC. 602. (a) Except as otherwise proIvided in section 602 (c) of this order, each officer or agency of the Government having functions under the Defense Production Act of 1950, as amended, dele

gated or assigned thereto by or pursuant to this Executive order may exercise and perform, with respect to such functions, the functions vested in the President by Title VII of the said Act.

(b) The functions which may be exercised and performed pursuant to the authority of section 602 (a) of this order shall include, but not by way of limitation, (1) except as otherwise provided in section 708 (c) of the Defense Production Act of 1950, as amended, the power to redelegate functions, and to authorize the successive redelegation of functions, to agencies, officers, and employees of the Government, (2) the power to create an agency or agencies, under the jurisdiction of the officer concerned, to administer functions delegated or assigned by or pursuant to this order, and (3) in respect of Part II of this order, the power of subpoena: Provided, That the subpoena power shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer referred to in section 602 (a) of this order or by such other person or persons as he shall designate.

(c) There are excluded from the functions delegated by section 602 (a) of this order (1) the functions delegated by Part V of this order, (2) the functions of the President under section 710 (a) of the Defense Production Act of 1950, as amended, (3) the functions of the President with respect to regulations under sections 710 (b), 710 (c), and 710 (d) of the said Act, and (4) the functions of the President with respect to fixing compensation under section 703 (a) of the said Act.

(d) The functions conferred upon the President by section 710 (a) of the Defense Production Act of 1950, as amended, are hereby delegated follows:

as

(1) Each officer or agency of the Government having functions under the said act delegated or assigned to such officer or agency by or pursuant to this order shall submit to the Chairman of the United States Civil Service Commission such requests for classification of positions in grades 16, 17, and 18 of the General Schedule as may be necessary, and shall accompany any such request with a certificate stating that the duties of the position are essential and appropriate for the administration of the said Act.

41-118 O-74-5

(2) Each requested position shall be placed in the appropriate grade of the General Schedule in accordance with the standards and procedures of the Classification Act of 1949, except that the placement of positions in Grade 18 of the General Schedule, and the removal of positions therefrom, shall be accomplished by the Chairman of the United States Civil Service Commission (instead of by the President upon the recommendation of the said Commission). No person shall be employed in a position of grade 16, 17, or 18 under authority of section 710 (a) of the Defense Production Act of 1950, as amended, except pursuant to notice of the Chairman of the United States Civil Service Commission of the classification of the position.

SEC. 603. All agencies of the Government (including, as used in this order, departments, establishments, and corporations) shall furnish to each officer of the Government to whom functions under the Defense Production Act of 1950, as amended, are delegated or assigned by or pursuant to this order such information relating to defense production or procurement, or otherwise relating to the said functions, delegated or assigned to such officer by or pursuant to this order as may be required to perform those functions.

SEC. 604. The Defense Materials Procurement Agency established by Executive Order No. 10281 of August 28, 1951 (16 F. R. 8789), is hereby abolished and the personnel, records, property, and unexpended balances of appropriations, allocations and other funds thereof shall be transferred from it to the General Services Administration for use in connection with the functions assigned or delegated to the Administrator of General Services by or pursuant to this order or for purposes of liquidation, as the said Administrator shall determine.

SEC. 605. The Economic Stabilization Agency, established by Executive Order No. 10161 of September 9, 1950, is continued to October 31, 1953, under the direction of the Director of the Office of Defense Mobilization who shall serve ex officio as the Economic Stabilization Administrator for the purpose of winding up and liquidating the affairs of said Agency.

SEC. 606. All orders, regulations, rulings, certificates, directives and other

23 CFR, 1951 Supp., p. 463. 3 CFR, 1950 Supp., p. 123.

actions relating to any function affected by this order shall remain in effect except as they are inconsistent herewith or are hereafter amended or revoked under proper authority, and nothing in this order shall affect the validity or force of anything heretofore done under previous delegations or other assignment of authority under the Defense Production Act of 1950, as amended.

SEC. 607. The following are superseded or revoked:

(1) Executive Order No. 10161 of September 9, 1950 (15 F. R. 6105).

·

(2) Executive Order No. 10169 of October 11, 1950 (15 F. R. 6901).

(3) Executive Order No. 10193 of December 16, 1950 (15 F. R. 9031).

(4) Executive Order No. 10200 of January 3, 1951 (16 F. R. Gi).

(5) Executive Order No. 10223 of March 10, 1951 (16 F. R. 2247).

(6) Executive Order No. 10281 of August 28, 1951 (16 F R. 8789).

(7) Executive Order No. 10324 of February 6, 1952 (17 F. R. 1171).

(8) Executive Order No. 10359 of June 9 1952 (17 F. R. 5269).

(9) Executive Order No. 10373 of July 14. 1952 (17 F. R. 6425).

(10) Executive Order No. 10377" of July 25, 1952 (17 F. R. 6891).

(11) Executive Order No. 10390 12 of August 30. 1952 (17 F. R. 7995).

(12) Executive Order No. 10433 13 of February 4, 1953 (18 F. R. 761).

(13) Executive Order No. 10467 13 of June 30, 1953 (18 F. R. 3777).

SEC. 608. To the extent that any provision of any prior Executive Order (including Executive Order No. 10461 of June 17, 1953 (18 F. R. 3513)) is inconsistent with the provisions of this order, the latter shall control and such prior provision is amended accordingly. The following designated orders, modified as required to conform them to the provisions of this order, shall remain in effect:

Executive Order No. 10182" of November 21, 1950 (15 F. R. 8013), as amended by Executive Order No. 10205 15 of January 16, 1951 (16 F. R. 19).

Executive Order No. 10219 15 of February 28, 1951 (16 F. R. 1983).

Executive Order No. 10224 of March 15, 1951 (16 F. R. 2543).

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

August 14, 1953.

[Amended by Ex. Ord. 10489, 10537, 10574, 10662, 10819, 11051, 11062; revoked in part by Ex. Ord. 10773; see Ex. Ord. 11572, 11574, 11725, and F.R. Doc. 62-9459, 27 F.R. 9418.]

EXECUTIVE ORDER 10489

PROVIDING FOR THE ADMINISTRATION OF CERTAIN LOAN AND LOAN GUARANTEE FUNCTIONS UNDER THE DEFENSE PRODUCTION ACT OF 1950, AS AMENDED

By virtue of the authority vested in me by the Constitution and laws of the United States, including the Defense Production Act of 1950, as amended (50 U. S. C. App. 2061 et seq.), and the Reconstruction Finance Corporation Liquidation Act (67 Stat. 231; Public Law 163, approved July 30, 1953), and as President of the United States and Commander in Chief of the armed forces of the United States, it is hereby ordered that section 310 of the "Executive Order Further Providing for the Administration of the Defense Mobilization Program," being Executive Order No. 10480 of August 14, 1953 (18 F.R. 4942), shall be, and it is hereby, amended, effective at the close of business on September 28, 1953, to read as follows:

"SEC. 310. (a) The Secretary of the Treasury, hereafter in this section referred to as the Secretary, is hereby authorized and directed to make loans (including participations in, or guarantees of, loans) to private business enterprises (including research corporations not organized for profit) for the expansion of capacity, the development of technological processes, and the production of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals, exclusive of such expansion, development and production in foreign countries, as authorized by and subject to section 302 of the Defense Production Act of 1950, as amended. The functions assigned to the Secretary by this section include the administration and servicing of all loans (including participations in, or guarantees of, loans) made by the Reconstruction Finance Corporation prior to September 29, 1953, pursuant to the said section 302.

"(b) Loans under section 310 (a) hereof (1) shall be made upon such terms and conditions as the Secretary shall determine, (2) shall be made only after the Secretary has determined in each instance that financial assistance is not available on reasonable terms from private sources or from other governmental sources, and (3) shall be made only upon certificate of essentiality of

the loan, which certificate shall be made by the Director of the Office of Defense Mobilization.

"(c) Applications for loans under section 310 (a) hereof shall be received from applicants by the Secretary or by such agencies of the Government as the Secretary shall designate for this purpose."

DWIGHT D. EISENHOWER

THE WHITE HOUSE,
September 26, 1953.

EXECUTIVE ORDER 10574

AMENDMENT OF EXECUTIVE ORDER NO. 10480 PROVIDING FOR THE ADMINISTRATION OF THE DEFENSE MOBILIZATION PROGRAM

By virtue of the authority vested in me by the Constitution and laws of the United States, including the Defense Production Act of 1950, as amended (50 U. S. C. App. 2061 et seq.), and as President of the United States, it is ordered as follows:

SECTION 1. Sections 301 and 312 of Executive Order No. 10480 of August 14, 1953, entitled "Further Providing for the Administration of the Defense Mobilization Program", are hereby amended to read as follows:

"SEC. 301. The Department of the Army, the Department of the Navy, the Department of the Air Force, the Atomic Energy Commission, the Department of Commerce, the Department of the Interior, the Department of Agriculture, and the General Services Administration, in this Part referred to as guaranteeing agencies, each officer having functions delegated to him pursuant to section 201 (a) of this order, and each other agency of the Government having mobilization functions, shall, within areas of production designated by the Director of the Office of Defense Mobilization, develop and promote measures for the expansion of productive capacity and of production and supply of materials and facilities necessary for the national defense."

"SEC. 312. The functions conferred by sections 303, 305 and 306 of this order shall be carried out in accordance with programs certified by the Director of the Office of Defense Mobilization. Each officer and agency of the Government having mobilization functions shall make

recommendations to the Director of the Office of Defense Mobilization for the issuance of certificates or other action under sections 302 and 303 of the Defense Production Act of 1950, as amended, and for the issuance of certificates under subsections (e) and (g) of section 168 of the Internal Revenue Code of 1954, with respect to the materials and facilities which are, pursuant to the designation of areas of production by the Director of the Office of Defense Mobilization under section 301 of this order, as amended, within the jurisdiction of such officer or agency."

SEC. 2. Any reference in any regulation or other Executive document issued or approved by the President to any provision of the Internal Revenue Code of 1939 shall, except as may be inconsistent with the Internal Revenue Code of 1954 or otherwise inappropriate, be deemed also to refer to the corresponding provision of the Internal Revenue Code of 1954.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

November 5, 1954.

[See Ex. Ord. 10819.]