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teeing 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.

THE WHITE HOUSE, November 5, 1954.

DWIGHT D. EISENHOWER.

Executive Order No. 10601, March 21, 1955 (20 Federal Register

1761)

ADMINISTRATION OF COMMODITY SET-ASIDE

By virtue of the authority vested in me by the Agricultural Act of 1954 and by section 301 of title 3 of the United States Code, 65 Stat. 713 and as President of the United States, it is ordered as follows:

SECTION 1. (a) Subject to the provisions of this Executive order, the functions conferred upon the President by Title I of the Act of August 28, 1954, Public Law 690, 68 Stat. 897 (the Agricultural Act of 1954), hereinafter referred to as Title I, are hereby delegated to the Secretary of Agriculture.

(b) The authority delegated by this order is exclusive of the authority to declare any national emergency.

SEC. 2. Functions under Title I respecting the disposal outside the United States of commodities in the commodity set-aside shall be subject to the responsibilities of the Secretary of State with respect to the foreign policy of the Unied States as such policy relates to the said functions.

SEC. 3. Strategic materials shall be acquired under sections 103(a)(2) of Title I only in accordance with programs certified by the Director of the Office of Defense Mobilization.

SEC. 4. Existing procedures of coordination among Federal agencies pertaining to the disposal of agricultural surpluses under other laws shall be applicable, so far as is permitted by law and otherwise appropriate, in the carrying out of Title I.

SEC. 5. The provisions of Part II of Executive Order No. 10575 of November 6, 1954 (19 F.R. 7572) are hereby extended and made applicable to the carrying on abroad of functions under Title I.

SEC. 6. This order shall not be deemed to amend or supersede any provisions of executive Order No. 10560 of September 9, 1954 (19 F.R. 5927).

THE WHITE HOUSE, March 21, 1955.

DWIGHT D. EISENHOWER.

Executive Order No. 10638, October 10, 1955 (20 Federal Register 7637)

AUTHORIZING THE DIRECTOR OF THE OFFICE OF DEFENSE MOBILIZATION TO ORDER THE RELEASE OF STRATEGIC AND CRITICAL MATERIALS FROM STOCK PILES IN THE EVENT OF AN ATTACK UPON THE UNITED STATES

WHEREAS Section 5 of the Strategic and Critical Materials Stock Piling Act, as amended by the act of July 23, 1936, 60 Stat. 596 (50 U.S.C. 98d), provides, in part, that during a national emergency with respect to common defense proclaimed by the President strategic and critical materials may be released from stock piles for use, sale, or other disposition on the order of such agency as may be designated by the President; and

WHEREAS the existence of a national emergency with respect to common defense has been proclaimed by the President by Proclamation No. 2914 of December 16, 1950; and

WHEREAS an enemy attack on the continental United States might create shortages of strategic and critical materials requiring immediate release of such materials from stock piles to meet military and essential civilian requirements:

NOW, THEREFORE, by virtue of the authority vested in me by the said section 5 of the Strategic and Critical Materials Stock Piling Act, it is hereby ordered as follows:

In the event of enemy attack upon the continental United States (exclusive of Alaska), the Director of the Office of Defense Mobilization is authorized and directed to order the release by the Administrator of General Services of such materials from stock piles established under the Strategic and Critical Materials Stock Piling Act, in such quantities, for such uses, and on such terms and conditions, as the Director determines to be necessary in the interests of the national defense.

THE WHITE HOUSE, October 10, 1955.

DWIGHT D. EISENHOWER.

Executive Order No. 10662, March 13, 1958 (21 Federal Register 1673)

AMENDMENT OF EXECUTIVE ORDER NO. 10480 AND REVOCATION OF EXECUTIVE ORDER No. 10160, RELATING TO THE ADMINISTRATION OF THE DEFENSE PRODUCTION ACT OF 1950

By virtue of the authority vested in me by 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. Executive Order No. 10480 of August 14, 1953 (18 F.R. 4939), as amended, is hereby further amended:

(a) By amending section 304 thereof to read as follows:

"SEC. 304. The Director of the Office of Defense Mobilization is hereby authorized and directed to encourage the exploration, development, and mining of critical and strategic minerals and metals, and to make provision for the development of substitutes for strategic and critical materials, as authorized by and subject to the provisions of section 303 of the Defense Production Act of 1950, as amended."

(b) By amending section 602 (c) thereof to read as follows:

"(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 with respect to regulations under section 710 (b), (e), (d) and (e) of the Defense Production Act of 1950, as amended, and (3) the functions of the President with respect to fixing compensation under section 703 (a) of the said Act."

(c) By deleting section 602 (d) thereof.

SEC. 2. Executive Order No. 10160 of September 9, 1950 (15 F.R. 6103), is hereby revoked. DWIGHT D. EISENHOWER.

THE WHITE HOUSE, March 13, 1956.

Executive Order No. 10480, August 14, 1953 (18 Federal Register 4939)

FURTHER 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 and Commander in Chief of the armed forces of the United States, it is hereby ordered as follows:

PART I. GENERAL DIRECTION OF PROGRAM

SECTION 101. (a) The Director of the Office of Defense Mobilization shall, on behalf of the President, coordinate all mobilization activities of the executive branch of the Government, including all such activities relating to production, procurement, manpower, stabilization, and transport. Every officer and agency of the Government having functions under the Defense Production Act of 1950, as amended, delegated, redelegated, or otherwise assigned thereto by or under the authority of the President after the date of this order (whether heretofore or hereafter acquired, or acquired by this order) shall perform the said functions subject to the direction and control of the Director of the Office of Defense Mobilization.

(b) In carrying out the functions conferred upon him by this order, the Director of the Office of Defense Mobilization shall, among other things:

(1) Perform the central programming functions incident to the determination of the production programs required to meet defense needs.

(2) Make determinations as to the provision of adequate facilities for defense production and as to the procedure and methods followed by agencies of the Government with respect to the accomplishments of defense production programs.

(3) Be the certifying authority for the purposes of and within the meaning of subsections (e) and (g) of Section 124A of the Internal Revenue Code, as added by section 216 of the Revenue Act of 1950, approved September 23, 1950.

(4) Issue such directives, consonant with law, on policy and program to officers and agencies of the Government for execution by them as may be necessary to carry out the functions assigned to him by this order, and resolve inter-agency issues which otherwise would require the attention of the President.

(5) Report to the President from time to time concerning his operations under this order.

SEC. 102. (a) There is hereby established in the Office of Defense Mobilization the Defense Mobilization Board, which shall consist of the Director of the Office of Defense Mobilization as Chairman, the Secretaries of State, Defense, the Treasury, the Interior, Commerce, Agriculture, and Labor, the Chairman of the Board of Governors of the Federal Reserve System, the Director of the Foreign Operations Administration, and such other officials of the Government as the Director of the Office of Defense Mobilization may from time to time designate. The said Board shall be advisory to the Director of the Office of Defense Mobilization.

(b) The Director of the Office of Defense Mobilization shall be chairman of the National Advisory Board on Mobilization Policy established by Executive Order 10224 of March 15, 1951 (16 F.R. 2543).

PART II. PRIORITIES AND ALLOCATIONS

SEC. 201. (a) The functions conferred upon the President by Title I of the Defense Production Act of 1950, as amended, are hereby delegated to the Director of the Office of Defense Mobilization, who shall, in carrying out the said functions, provide by redelegation or otherwise for their performance, subject to the provisions of section 101 of this order, by

(1) The Secretary of the Interior with respect to petroleum, gas, solid fuels and electric power.

(2) The Secretary of Agriculture with respect to food and with respect to the domestic distribution of farm equipment and commercial fertilizer. (3) The Commissioner of the Interstate Commerce Commission who is responsible for the supervision of the Bureau of Service of the Commission, with respect to domestic transportation, storage, and port facilities, or the use thereof, but excluding air transport, coastwise, intercoastal, and overseas shipping.

(4) The Secretary of Commerce with respect to all other materials and facilities.

(b) Findings made under or pursuant to and for the purposes of section 101 (b) of the Act shall not be effective until approved by the Director of the Office of Defense Mobilization.

PART III. EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

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, and each officer having functions delegated to him pursuant to section 201 (a) of this order shall 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. 302. (a) Each guaranteeing agency is hereby authorized, in accordance with section 301 of the Defense Production Act of 1950, as amended, subject to the provisions of this section, in order to expedite production and deliveries or services under Government contracts, and without regard to provisions of law relating to the making, performance, amendment, or modification of contracts, to guarantee in whole or in part any public or private financing institution (including any Federal Reserve Bank), by commitment to purchase, agreement to share losses, or otherwise, against loss of principal or interest on any loan, discount, or advance, or on any commitment in connection therewith, which may be made by such financing institution for the purpose of financing any contractor, subconstractor, or other person in connection with the performance of any contract or other operation deemed by the guaranteeing agency to be necessary to expedite production and deliveries or services under Government contracts for the procurement of materials or the performance of services for the national defense, or for the purpose of financing any contractor, subcontractor, or other person in connection with or in contemplation of the termination, in the interest of the United States, of any contract made for the national defense; but no small business concern (as defined in section 714(a)(1) of the said Act) shall be held ineligible for the issuance of such a guaranty by reason of alternative sources of supply.

(b) Each Federal Reserve Bank is hereby designated and authorized to act, on behalf of any guaranteeing agency, as fiscal agent of the United States in the making of such contracts of guarantee and in otherwise carrying out the purposes of section 301 of the said Act, as amended, in respect to private financing institutions.

(c) All actions and operations of Federal Reserve Banks, under authority of or pursuant to section 301 of the said Act, as amended, shall be subject to the supervision of the Board of Governors of the Federal Reserve System. Said Board is hereby authorized, after consultation with the heads of the guaranteeing agencies, (1) to prescribe such regulations governing the actions and operations of fiscal agents hereunder as it may deem necessary, (2) to prescribe, either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with loans, discounts, advances, or commitments guaranteed by the guaranteeing agencies through such fiscal agents, and (3) to prescribe regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection with such guarantees.

SEC. 303. The Administrator of General Services is hereby authorized and directed to purchase and make commitments to purchase metals, minerals, and other materials, for Government use or resale, as authorized by and subject to the provisions of section 303 of the Defense Production Act of 1950, as amended: Provided, That the Secretary of Agriculture may also exercise the said functions under section 303 of the said Act, as amended, with respect to food,

83502-62-pt. 1-14

and with respect to plant fibers (except abaca) not included in the definition of food to the extent that the procurement of such fibers involves the encouragement and development of sources of supply within the United States and its Territories and possessions.

SEC. 304. The Director of the Office of Defense Mobilization is hereby authorized and directed to encourage the exploration, development, and mining of critical and strategic minerals and metals, as authorized by and subject to the provisions of section 303 of the Defense Production Act of 1950, as amended. SEC. 305. The Administrator of General Services is hereby authorized and directed to make subsidy payments, to determine the amounts, manner, terms, and conditions thereof, and to make findings, as authorized by and subject to the provisions of section 303 (c) of the Defense Production Act of 1950, as amended.

SEC. 306. The functions conferred upon the President by section 303 (e) of the Defense Production Act of 1950, as amended, with respect to the installation of additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the United States Government, and with respect to the installation of Government-owned equipment in plants, factories, and other industrial facilities owned by private persons, are hereby delegated to the Administrator of General Services.

SEC. 307. The functions conferred upon the President by section 303 (f) of the Defense Production Act of 1950, as amended, with respect to transfers to the stockpile referred to in the said section, are hereby delegated to the Director of the Office of Defense Mobilization.

SEC. 308. The authority conferred upon the President by section 304 (b) of the Defense Production Act of 1950, as amended, to approve borrowing from the Treasury of the United States is hereby delegated to the Director of the Office of Defense Mobilization.

SEC. 309. All functions provided for in sections 303 to 307, inclusive, and in sections 310 and 311 of this order, shall be carried out within such amounts of funds as may be made available pursuant to the Defense Production Act of 1950, as amended.

SEC. 310. (a) The Reconstruction Finance Corporation 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. (b) Loans under section 310 (a) hereof (1) shall be made upon such terms and conditions as the Corporation shall determine, (2) shall be made only after the Corporation has determined in each instance that financial assistance is not available on reasonable terms from private sources or from other governmental sources, and (3) except in the case of working capital loans (involving no more than minor expansion of capacity which is incidental to a loan for working capital) 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 Government or by such agencies of the Government as the Corporation shall designate for this purpose.

SEC. 311. (a) The Export-Import Bank of Washington is hereby authorized and directed to make loans (including participations in, or guarantees of, loans) to private business enterprises, 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, in those cases where such expansion, development or production is carried on in foreign countries, as authorized by and subject to section 302 of the Defense Production Act of 1950, as amended.

(b) Loans under section 311(a) hereof (1) shall be made upon such terms and conditions as the said Bank shall determine, (2) shall be made only after the Bank has determined in each instance that financial assistance is not available on reasonable terms from private sources and that the loan involved cannot be made under the provisions of and from funds available to the Bank under the Export-Import Bank Act of 1945, as amended, and (3) shall be made only

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