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(b) The Administrator of General Services is hereby authorized and directed to purchase and make commitments to purchase metals, minerals, and other raw materials, including liquid fuels, for Government use or resale, as authorized by and subject to section 303 of the said Act: Provided, That the Secretary of Agriculture is also authorized to exercise the functions under section 303 with respect to agricultural commodities.
(c) The Secretary of the Interior 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 the said section 303.
SECTION 304. The functions conferred upon the President by section 303 (d) of the Defense Production Act of 1950 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.
PART IV. ECONOMIC STABILIZATION SECTION 401. (a) There is hereby created a new and independent agency to be known as the Economic Stabilization Agency, hereafter in this part referred to as the Agency. There shall be at the head of the Agency an Economic Stabilization Administrator, hereafter in this part referred to as the Administrator, who shall be appointed by the President by and with the advice and consent of the Senate.
(b) The Administrator shall seek to preserve and maintain the stabilization of the economy. To this end he shall:
(1) Plan and develop both short- and long-range price and wage stabilization policies and measures and create the necessary organization for their administration.
(2) Inform the public, agriculture, industry, and labor concerning the need for stabilization and encourage and promote voluntary action to this end.
(3) Consult and advise with the Government officials responsible for procurement, production, manpower, and rent control, and for fiscal, credit, and monetary policies, concerning measures within their jurisdiction which will assist stabilization.
(4) Establish price ceilings and stabilize wages and salaries where necessary.
(c) The functions conferred upon the President by Title IV of the Defense Production Act of 1950 are hereby delegated to the Administrator.
SECTION 402. There shall be in the Agency a Director of Price Stabilization, who shall be appointed by the President by and with the advice and consent of the Senate, and who shall perform such functions with respect to price stabilization as may be determined by the Administrator.
SECTION. 403. (a) There shall be in the Agency a Wage Stabilization Board composed of nine members who shall be appointed by the President. Three of the members so appointed shall be representative of the public, three shall be representative of labor, and three shall be representative of business and industry. One of the members representing the public, to be designated by the President, shall be chairman of the Board.
(b) The Wage Stabilization Board shall make recommendations to the Administrator regarding the planning and development of wage stabilization policies and shall perform such further functions with respect to wage stabilization as may be determined by the Administrator after consultation with the Board.
SECTION 404. The Administrator is hereby designated to initiate such consultations and conferences with management, labor, and representatives of the Government and public as he deems appropriate and to advise the President of such action as may be called for in carrying out the provisions of Title V of the Defense Production Act of 1950.
PART V. REAL ESTATE CREDIT
Section 501. (a) Subject to the provisions of section 501 (b) of this Executive order, the functions conferred upon the President by section 602 of the Defense Production Act of 1950 are hereby delegated to the Board of Governors of the Federal Reserve System.
(b) The said Board shall obtain the concurrence of the Housing and Home Finance Administrator with respect to provisions relating to real estate construction credit involving residential property before prescribing, changing, or suspend
ing any real estate construction credit regulation pursuant to the authority of section 602 of the Defense Production Act of 1950.
SECTION 502. (a) The functions conferred upon the President by section 605 of the Defense Production Act of 1950, to the extent that such functions relate to loans on real estate involving residential property, are hereby delegated to the Housing and Home Finance Administrator.
(b) În carrying out the functions delegated by section 502 (a) of this Executive order, and under the authority so delegated or under authority vested in him by any applicable law, the Administrator shall from time to time issue such regulations and take such other action as may be necessary to insure (1) that the restrictions imposed on real estate construction credit by the provisions of the regulations issued from time to time by the Board of Governors of the Federal Reserve System (with the concurrence of the Housing and Home Finance Administrator in the provisions of such regulations relating to credit involving residential property) under the authority delegated by section 501 of this Executive order shall be applicable to the fullest extent practicable with respect to loans on real estate (of the types referred to in section 605 of the Defense Production Act of 1950) involving residential property, and (2) that the relative credit preferences accorded to veterans under existing law are preserved in accordance with the provisions of section 605 of the Defense Production Act of 1950.
PART VI. LABOR SUPPLY
SECTION 601. 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 labor requirements for defense and other activities and on the supply of workers.
(b) Consult with and advise each delegate referred to in section 101 of this Executive order and each official exercising guarantee or loan functions under Part III of this Executive 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 President may designate develop policies applicable to the induction and deferment of personnel for the armed services, except for civilian personnel in the reserves.
PART VII. VOLUNTARY AGREEMENTS
SECTION 701. (a) The functions conferred upon the President by section 708 (a) of the Defense Production Act of 1950 are hereby delegated as follows:
(1) To the Secretaries of the Interior, Agriculture, and Commerce, and to the commissioner of the Interstate Commerce Commission referred to in section 101 of this Executive order, respectively, according to the designations of materials and facilities set forth in paragraphs (a), (b), (c), and (d) of such section 101.
(2) To the Board of Governors of the Federal Reserve System with respect to financing.
(3) To the Economic Stabilization Administrator with respect to stabilization.
(b) The functions conferred upon the President by section 708 (b) of the Defense Production Act of 1950 are hereby delegated as follows:
(1) To the Secretary of Commerce in respect of Title I of the Defense Production Act of 1950.
(2) In other respects to the delegates referred to in section 701 (a) of this Executive order, respectively, according to the provisions of paragraphs (1), (2), and (3) thereof.
(c) The delegation of authority made by section 701 (b) of this Executive order is subject to the conditions (1) that each delegate concerned shall consult with the Attorney General and the Chairman of the Federal Trade Commission not less than ten days before making any request or finding under section 708 (b) of the
Defense Production Act of 1950, (2) that each delegate concerned shall obtain the approval of the Attorney General to any request under said section 708 (b) before making the request, and (3) that the authority delegated may not be redelegated.
PART VIII. COORDINATION SECTION 801. In the interest of consistent and coordinated administration of functions delegated by this Executive order, each officer to whom functions are delegated shall be guided by such policies and program directives as the President may from time to time prescribe.
SECTION 802. The Chairman of the National Security Resources Board shall, in the interest of assisting the President to coordinate the functions delegated by this Executive order, and on behalf of the President:
(a) Resolve interagency issues which otherwise would require the attention of the President.
(b) Prescribe policy and program directives having the approval of the President.
(c) Obtain reports and information on the status of work in the various agencies designated in this Executive order.
(d) Take such measures to obtain coordination of related policies and activities among the various agencies as he may determine.
(e) Advise the President on the progress of the defense production program and make such recommendations as he may deem proper.
SECTION 803. The Council of Economic Advisers shall adapt its continuing studies of employment, production and purchasing power needs and objectives so as to furnish guides to the agencies under this Executive order in promoting balance between defense and civilian needs and in avoiding inflation in a stable and growing economy. In the performance of this function, the Council shall obtain necessary information from the agencies concerned and engage in regular consultation with them.
PART IX. GENERAL PROVISIONS
SECTION 901. As used in this Executive 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, sub-bituminous, and lignitic coals, and coke and its byproducts.
(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 immediate human or animal consumption. For the purposes of this Executive 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, 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,
SECTION 902. (a) Except as otherwise provided in section 902 (c) of this Executive order, each officer or agency having functions under the Defense Production Act of 1950 delegated or assigned thereto by this Executive order may exercise and perform, with respect to such functions, the functions vested in the President by Title VÍI of the said Act.
(b) The functions which may be exercised and performed pursuant to the authority of section 902 (a) of this Executive order shall include, but not by way of limitation, (1) except as otherwise provided in section 701 (c) of this Executive order, and except as otherwise required by section 403 of the Defense Production Act of 1950, 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 by this Executive order, and (3) in respect of Parts I, II, IV, and V of this Executive 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 902 (a) of this Executive order or by such other person or persons as he shall designate.
(c) There are excluded from the functions delegated by section 902 (a) of this Executive order (1) the functions delegated by Part VII of this Executive order, (2) the functions of the President under sections 703 (b) and 710 (a) of the Defense Producton Act of 1950, (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 are hereby delegated as follows:
(1) Each officer or agency having functions under the said Act delegated or assigned to such officer or agency by this Executive 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.
(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. 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 except pursuant to notice of the Chairman of the United States Civil Service Commission of the classification of the position.
Section 903. All agencies of the Government (including departments, establishments, and corporations) shall furnish to each officer to whom functions are delegated or assigned by this Executive order such information related to defense production or procurement, or otherwise relating to the functions delegated or assigned to such officer by this Executive order, as he may deem necessary.
SECTION 904. Each delegate referred to in section 101 of this Executive order shall, when and if he shall deem it necessary and appropriate, appoint a committee composed of representatives of such agencies of the Government as he may determine. Any committee so appointed shall advise and consult with the delegate concerned, as he may request, in connection with the carrying out of the functions delegated to him by sections 101, 201, and 302 of this Executive order, and shall advise the delegate concerned regarding requirements of materials and facilities.
HARRY S. TRUMAN. THE WHITE House, September 9, 1950.
EXECUTIVE ORDER No. 10233
AMENDING EXECUTIVE ORDER No. 10161 WITH RESPECT To WAGE STABILIZA
TION AND SETTLEMENT OF LABOR DISPUTES WHEREAS the maintenance of wage stabilization under the Defense Production Act of 1950 is essential at this time in the interest of the national defense; and
WHEREAS the maintenance of effective wage stabilization imposes limitations on the processes of free collective bargaining, making necessary the development of machinery to facilitate the settlement of labor disputes in conjunction with the administration of wage stabilization; and
WHEREAS on April 17, 1951, the National Advisory Board on Mobilization Policy made the following recommendation to the President:
“1. The Wage Stabilization Board shall be reconstituted as an 18 man tripartite Board with six representing the public, six representing management, and six representing labor.
"2. The reconstituted Wage Stabilization Board shall be empowered to assume jurisdiction of any labor dispute which is not resolved by collective bargaining or by the prior full use of conciliation and mediation facilities and which threatens an interruption of work affecting the national defense where:
"i) The parties to any such dispute jointly agree to submit such dispute
to the Board, or "ii) The President is of the opinion that the dispute is of a character
which substantially threatens the progress of national defense and
certifies such dispute to the Board. "3. In any such case certified to the Board by the President or in any such case where the parties jointly agree to submit the case to the Board for their recommendations, the Board shall investigate and inquire into the issues in dispute and promptly report to the President thereon with their recommendations to the parties as to fair and equitable terms of settlement.
"4. In any such case where the parties jointly agree to be bound by the decision of the Board, the Board shall render a decision on the issues in dis
pute which decision shall be binding on the parties." AND WHEREAS I deem it necessary and desirable that such recommendation be carried out,
Now, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes, including the Defense Production Act of 1950, and as President of the United States and Commander-in-Chief of the armed forces, it is hereby ordered as follows:
SECTION 1. Part IV of Executive Order No. 10161 of September 9, 1950, is hereby amended by revoking sections 403 and 404 thereof and by inserting after section 402 thereof the following new sections:
“SEC. 403. (a) There shall be in the Agency a Wage Stabilization Board (hereafter in this Part referred to as the Board) composed of eighteen members who shall be appointed by the President. Six of the members so appointed shall be representative of the public, six shall be representative of labor, and six shall be representative of business and industry. There shall be a chairman and a vice chairman of the Board, cach of whom shall be designated by the President from among the members representative of the public.
“(b) In addition to the functions assigned to it by the provisions of the following sections of this Part IV, the Board shall perform such other functions with respect to wage stabilization as may be determined by the Administrator after consultation with the Board.
“Sec. 404. To the maximum extent consistent with the maintenance of effective economic stabilization, the provisions of this part shall be administered in such a way as to preserve collective bargaining between labor and management.
"Sec. 405. The Board may assume jurisdiction of any labor dispute which is not resolved by collective bargaining or by the prior full use of conciliation and mediation facilities and which threatens an interruption of work affecting the national defense where: “a) The parties to any such dispute jointly agree to submit such dispute to
the Board for recommendation or decision, if the Board agrees to accept
such dispute, or “b) The President is of the opinion that the dispute is of a character which
substantially threatens the progress of national defense and refers such dispute to the Board.