agricultural commodities, to provide that purchases and commitments to purchase under subsec. (a) may not be made for any period extending beyond June 30, 1952, and to provide for a differential subsidy.

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.

TERMINATION DATE

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

EXECUTIVE ORDER NO. 10219

Ex. Ord. No. 10219, Feb 28, 1951, 16 F.R. 1983, as amended by Ex. Ord. No. 10461, June 18, 1953, 18 F.R. 3513; Ex. Ord. No. 10537, June 22, 1954, 19 F.R. 3807; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R. 6971, which related to the responsibilities of federal agencies with respect to transportation and storage, was superseded by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, set out as a note under section 2271 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2094, 2151 to 2163, 2164 to 2166, 2182, 2183 of this Appendix.

§ 2094. Utilization and creation of agencies; borrowing from Treasury; revolving fund; contingent liability of United States.

(a) For the purposes of sections 302 and 303 [sections 2092 and 2093 of this Appendix], the President is authorized to utilize such existing departments, agencies, officials, or corporations of the Government as he may deem appropriate, or to create new agencies (other than corporations).

(b) Any agency created under this section, and any department, agency, official, or corporation utilized pursuant to this section is authorized, subject to the approval of the President, to borrow from the Treasury of the United States, such sums of money as may be necessary to carry out its functions under sections 302 and 303 [sections 2092 and 2093 of this Appendix]: Provided, That the amount borrowed under the provisions of this section by all such borrowers shall not exceed an aggregate of $2,100,000,000 outstanding at any one time: Provided further, That when any contract, agreement, loan, or other transaction heretofore or hereafter entered into pursuant to section 302 or 303 [sections 2092 or 2093 of this Appendix] imposes contingent liability upon the United States, such liability shall be considered for the purposes of sections 3679 and 3732 of the Revised Statutes, as amended [section 665 of Title 31 and section 11 of Title 411, as an obligation only to the extent of the probable ultimate net cost to the United States under such transaction; and the President shall submit a report to the Congress not less often than once each six months setting forth the gross amount of each such transaction entered into by any agency of the United States Government under this authority and the basis for determining the probable ultimate net cost to the United States thereunder. For the purpose of borrowing as authorized by this subsection, the borrower may issue to the Secretary of the Treasury its notes, debentures, bonds, or other obligations to be redeemable at its option before maturity in such manner as may be stipulated in such obligations. Such obligations shall bear interest at

a rate determined by the Secretary of the Treasury, taking into consideration the current average rate on outstanding marketable obligations of the United States as of the last day of the month preceding the issuance of the obligations: Provided, That no new purchases or commitments to purchase under section 303 [section 2093 of this Appendix] shall be made or entered into after June 30, 1964 (except purchases made pursuant to commitments entered into on or before such date), unless the President makes a finding that such new purchases or commitments are essential to the national security: Provided further, That the total of such new purchases and commitments, including contingent liabilities, made or incurred under section 303 [section 2093 of this Appendix] after June 30, 1964, shall not exceed $100,000,000. The Secretary of the Treasury is authorized and directed to purchase such obligations and for such purposes the Secretary of the Treasury is authorized to use as a public-debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued under the Second Liberty Bond Act, as amended, are extended to include any purchases of obligations hereunder. (Sept. 8, 1950, ch. 932, title III, § 304, 64 Stat. 802; June 2, 1951, ch. 121, ch. XI, 65 Stat. 61; July 31, 1951, ch. 275, title I, § 103 (b, c), 65 Stat. 134; June 30, 1960, Pub. L. 86-560, § 2, 74 Stat. 282; June 30, 1964, Pub. L. 88-343, § 3, 78 Stat. 235.)

ANNUAL SUBMISSION OF REPORTS

Pub. L. 89-348, § 2(8), Nov. 8, 1965, 79 Stat. 1312, modified the provisions of subsection (b) of this section to require annual instead of semiannual submission to the Congress by the President of the report of each transaction entered into by any agency of the United States Government pursuant to sections 2092 and 2093 of this Appendix, together with the basis for determining the probable ultimate net cost to the United States.

REFERENCES IN TEXT

The Second Liberty Bond Act, referred to in text, is act Sept. 24, 1917, ch. 56, 40 Stat. 288, as amended, which was classified to section 745, former section 747, sections 752, 752a, 753, 754, 754a, 754b, 757, 757b, and 757c, former section 757c-1, and sections 757c-2, 757c-3, 757d, 757e, 758, 760, 764, 765, 766, 769, 771, 773, 774, and 801 of Title 31, Money and Finance.

AMENDMENTS

1964 Subsec. (b). Pub. L. 88-343 provided that no new purchases or commitments to purchase shall be made or entered into after June 30, 1964, unless the President makes a finding that such new purchases or commitments are essential to national security, and that the total of such new purchases or commitments including contingent liabilities, could not exceed $100,000,000.

1960 Subsec. (b). months" for "quarter." 1951 Subsec. (b). Act July 31, 1951, § 103(b), increased the revolving fund from $600,000,000 to $2,100,000,000, and limited the contingent liability of the United

Pub. L. 86-560 substituted "six

States.

Subsec. (b). Act June 2, 1951, increased the aggregate of borrowing from $600,000,000 to $1,600,000,000.

Subsec. (c). Act July 31, 1951, § 103 (c) repealed subsec. (c) which authorized $1,400,000,000 to be appropriated to carry out sections 2092 and 2093 of this Appendix.

TRANSFER OF FUNCTIONS, ETC.

Act July 30, 1953, ch. 282, title I, § 107 (a), (2), (b), 67 Stat. 273, provided that:

"All functions, powers, duties, and authority of the Reconstruction Finance Corporation under title III of the Defense Production Act of 1950, as amended [sections 2091-2094 of this Appendix], shall be transferred by the President not later than sixty days after the date of enactment of this Act [July 30, 1953] in accordance with the provisions of such Act [said sections].

"All assets, funds, contracts, loans, liabilities, commitments, authorizations, allocations, personnel, and records of the Reconstruction Finance Corporation which the Director of the Bureau of the Budget [now the Office of Management and Budget] shall determine to be primarily related to, and necessary for, the exercise of such functions, powers, duties, and authority, shall be transferred to the officer or agency of the Government to which such functions, powers, duties, and authority are transferred." For short title of Title I of act July 30, 1953, quoted in part above, see note under section 603 of Title 15, Commerce and Trade; and for authorization of appropriations for carrying out purposes of such Act, and separability of provisions thereof, see notes under section 631 of such title.

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 2163, 2164 to 2166 of this Appendix.

TITLE IV-PRICE AND WAGE STABILIZATION SS 2101 to 2112. Omitted.

CODIFICATION

Section 2101, act Sept. 8, 1950, ch. 932, title IV, § 401, 64 Stat. 803, related to purposes of price and wage stabilization and cooperation by government agencies.

Section 2102, acts Sept. 8, 1950, ch. 932, title IV, § 402, 64 Stat. 803; July 31, 1951, ch. 275, title I, § 104 (a-h), 65 Stat. 134; June 30, 1952, ch. 530, title I, §§ 105-111, 66 Stat. 298, related to price and wage controls.

Section 2103, acts Sept. 8, 1950, ch. 932, title IV, § 403, 64 Stat. 807; July 31, 1951, ch. 275, title I, § 105 (a), 65 Stat. 137; June 30, 1952, ch. 530, title I, § 112, 66 Stat. 300, authorized an independent agency to administer price and wage controls and rationing, created a Wage Stabilization Board in the Economic Stabilization Agency and prescribed its duties and functions and prescribed the jurisdiction of the Salary Stabilization Board and the Office of Salary Stabilization within the Economic Stabilization Agency. Act Sept. 8, 1950, ch. 932, title IV. § 403, 64 Stat. 807, formerly classified to section 2103 of this Appendix, was repealed by Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 656.

Section 2104, act Sept. 8, 1950, ch. 932, title IV, § 404, 64 Stat. 807, authorized consultation by the President with representatives of persons affected by regulations or orders relating to price and wage controls.

Section 2105, acts Sept. 8, 1950, ch. 932, title IV, 405, 64 Stat. 807; July 31, 1951, ch. 275, title I, § 104(1), 65 Stat. 136, related to the unlawfulness for violating former sections 2101-2112 of this appendix or any regulations, orders or requirements issued thereunder.

Section 2106, act Sept. 8, 1950, ch. 932, title IV, § 406, 64 Stat. 807, prohibited any construction of former sections 2101-2112 of this Appendix as requiring any person to sell any material or service, or to perform personal services.

Section 2107, acts Sept. 8, 1950, ch. 932, title IV, § 407, 64 Stat. 807; June 30, 1952, ch. 530, title I, § 113 (a), 66 Stat. 301, related to objections to price and rent control regulations, filing, hearing and determination of protests, procedure, and review.

Section 2108, acts Sept. 8, 1950, ch. 932, title IV, § 408, 64 Stat. 808; June 30, 1952, ch. 530, title I, § 113(b), 66 Stat. 302, related to determination, by the Emergency Court of Appeals, of validity of price, wage and rent control regulations, procedure, review by the Supreme Court,

and stay of civil and criminal proceedings in other courts for determination of such validity.

Section 2109, acts Sept. 8, 1950, ch. 932, title IV, § 409, 64 Stat. 811; July 31, 1951, ch. 275, title I, § 104 (1-1), 65 Stat. 136, in connection with actions for violations of former section 2105 of this Appendix, and regulations or orders, related to injunctions, criminal penalties, recovery of overcharges, and disallowance of fines, penalties, and compromise sums for tax or other purposes.

Section 2110, act Sept. 8, 1950, ch. 932, title IV, § 410, 64 Stat. 812, required certain price representations and agreements to be contained in contracts providing for the purchase of processed chickens and turkeys by government agencies.

Section 2111, act Sept. 8, 1950, ch. 932, title IV, § 411, as added June 30, 1952, ch. 530, title I, § 114, 66 Stat. 304, made it unnecessary to furnish reports on sales or services below ceiling prices if such sales at such prices had been certified to the President.

Section 2112, act Sept. 8, 1950, ch. 932, title IV, § 412, as added June 30, 1952, ch. 530, title I, § 114, 66 Stat. 304, permitted the suspension or termination of price and wage controls over any materials or services, from time to time as economic factors might warrant, and their restoration if deemed necessary.

TERMINATION DATE

Sections 2101 to 2112 terminated on Apr. 30, 1953, by the terms of section 2166(a) of this Appendix.

Ex. ORD. No. 10160

Ex. Ord. No. 10160, Sept. 9, 1950, 15 F.R. 6103, which related to preservation of records for certain purposes, was revoked by Ex. Ord. No. 10662, Mar. 14, 1956, 21 F.R. 1673.

Ex. ORD. No. 10434. SUSPENSION OF WAGE AND PRICE
CONTROLS

Ex. Ord. No. 10434, Feb. 6, 1953, 18 F. R. 809, provided: 1. All regulations and orders issued pursuant to the Defense Production Act of 1950, as amended [sections 2061, 2062, 2071-2073, 2091-2094, 2151-2163 and 21642166 of this Appendix], stabilizing wages, salaries, and other compensation, are hereby suspended.

2. The wage, salary, and other compensation adjustments proposed in petitions pending before wage and salary control agencies may now be placed in effect without the approval of such agencies. To the extent that agreements involved in such petitions are conditioned upon approval under Title IV of the Defense Production Act [former sections 2101-2112 of this Appendix], this order shall be deemed such approval, but such approval shall be subject to paragraph 3 hereof.

3. This order shall not operate to defeat any suit, action, prosecution, or administrative enforcement proceeding, whether heretofore or hereafter commenced, with respect to any right, liability, or offense possessed, incurred, or committed, prior to this date.

Ex. ORD. No. 10494. DISPOSITION OF REMAINING FUNCTIONS Ex. Ord. No. 10494, Oct. 15, 1953, 18 F.R. 6585, as amended by Ex Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971, provided:

Section 1. Fiscal liquidation. Such functions as remain in connection with the fiscal liquidation of the Economic Stabilization Agency are hereby transferred to the Secretary of the Treasury.

Sec. 2. Administrative proceedings. The function of conducting administrative proceedings under Title IV of the Act [former sections 2101-2112 of this Appendix], including the conclusion of those instituted pursuant to section 405 [former section 2105 of this Appendix] and the taking of necessary actions under sections 407 and 408 of the Act [former sections 2107 and 2108 of this Appendix], is hereby transferred to the Director of the Office of Emergency Planning.

Sec. 3. Enforcement and investigations. In addition to the functions now vested in the Attorney General by the Act [sections 2061, 2062, 2071-2073, 2091-2094, 2151-2163 and 2164-2166 of this Appendix], he shall have, and there are hereby transferred to him, the following-described functions under Title IV of the Act

[former sections 2101-2112 of this Appendix]: (a) completing the processing of enforcement files, (b) concluding investigations where deemed appropriate, and (c) certifying disallowances (section 409 (d) [former section 2109 of this Appendix]).

Sections 1 and 2 of this order shall become effective November 1, 1953. Section 3 shall become effective immediately.

TITLE V-SETTLEMENT OF LABOR DISPUTES §§ 2121 to 2123. Omitted.

CODIFICATION

Section 2121, act Sept. 8, 1950, ch. 932, title V, § 501, 64 Stat. 812, stated the intent of Congress in providing for the settlement of labor disputes affecting national defense.

Section 2122, acts Sept. 8, 1950, ch. 932, title V, § 502, 64 Stat. 812; July 31, 1951, ch. 275, title I, § 105(b), 65 Stat. 137, stated the national policy in connection with such settlement, and provided for voluntary conferences. Section 2123, acts Sept. 8, 1950, ch. 932, title V, § 503, 64 Stat. 812; July 31, 1951, ch. 275, title I, § 105(c), 65 Stat. 137; June 30, 1952, ch. 530, title I, § 115, 66 Stat. 305, provided that, in such settlements, due regard should be given to collective bargaining and other laws, and, as amended by the act of June 30, 1952, requested the President to invoke the Labor-Management Relations Act, 1947 (sections 176-180 of Title 29) with regard to the steel strike then existing.

TERMINATION DATE

Sections 2121-2123 terminated on Apr. 30, 1953, by the terms of section 2166(a) of this Appendix.

TITLE VI-CONTROL OF REAL ESTATE

CREDIT

CODIFICATION

Sections 2132--2137 of this Appendix, which comprised this title, terminated on June 30, 1953 by the terms of section 2166 (a) of this Appendix. Previous to such termination, act June 30, 1952, ch. 530, title I, § 116(a), 66 Stat. 305 amended catchline of title to omit reference to consumer credit control and subtitle heading of this title to read "This title authorizes the regulation of real estate construction credit only."

§ 2131. Repealed. June 30, 1952, ch. 530, title I, § 116(a), 66 Stat. 305.

Section, acts Sept. 8, 1950, ch. 932, title VI, § 601, 64 Stat. 812; July 31, 1951, ch. 275, title I, § 106 (a), 65 Stat. 138, related to power to exercise consumer credit controls.

SS 2132 to 2137. Omitted.

CODIFICATION

Section 2132, act Sept. 8, 1950, ch. 932, title VI, § 602, 64 Stat. 813, related to real estate construction credit. Section 2133, acts Sept. 8, 1950, ch. 932, title VI, § 603, 64 Stat. 814; July 31, 1951, ch. 275, title I, § 106 (b), 65 Stat. 138, prescribed penalties for violating former sections 2131, 2132 and 2135 of this Appendix or any regulation or order issued thereunder.

Section 2134, act Sept. 8, 1950, ch. 932, title VI, § 604, 64 Stat. 814, related to consumer credit controls.

Section 2135, acts Sept. 8, 1950, ch. 932, title VI, § 605, 64 Stat. 814: July 31, 1951, ch. 275, title I, § 106 (c), 65 Stat. 138; Sept. 1, 1951, ch. 378, title VI, § 602 (a), 65 Stat. 313. related to real estate loans by government agencies.

Section 2136, act Sept. 8, 1950, ch. 932, title VI, § 606, as added Sept. 1, 1951, ch. 378, title VI, § 602 (b), 65 Stat. 313, related to down-payment requirements on veterans homes.

Section 2137, act Sept. 8, 1950, ch. 932, title VI, § 607, as added June 30, 1952, ch. 530, title I, § 116 (b), 66 Stat. 305, related to credit controls on residential property.

TERMINATION DATE

Sections 2132-2137 terminated on June 30, 1953, by the terms of section 2166(a) of this Appendix.

TITLE VII-GENERAL PROVISIONS

§ 2151. Small business. (a) Encouragement.

It is the sense of the Congress that smalbusiness enterprises be encouraged to make the greatest possible contribution toward achieving 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) Information; advisory committees; exemptions; administration.

In order to carry out this policy

(i) the President shall provide small-business enterprises with full information concerning the provisions of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] relating to, or of benefit to, such enterprises and concerning the activities of the various departments and agencies under this Act [said sections];

(ii) such business advisory committees shall be appointed as shall be appropriate for purposes of consultation in the formulation of rules, regulations, or orders, or amendments thereto issued under authority of this Act [said sections], and in their formation there shall be fair representation for independent small, for medium, and for large business enterprises, for different geographical areas, for trade association members and nonmembers, and for different segments of the industry;

(iii) in administering this Act [said sections], such exemptions shall be provided for small-business enterprises as may be feasible without impeding the accomplishment of the objectives of this Act [said sections]; and

(iv) in administering this Act [said sections], special provision shall be made for the expeditious handling of all requests, applications, or appeals from small-business enterprises.

(c) Allocation of materials in civilian market.

Whenever the President invokes the powers given him in this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] to allocate any material in the civilian market, he shall do so in such a manner as to make available, so far as practicable, for business and various segments thereof in the normal channel of distribution of such material, a fair share of the available civilian supply based, so far as practicable, on the share received by such business under normal conditions during a representative period preceding any future allocation of materials: Provided, That the President shall, in the allocation of materials in the civilian market, give due consideration to the needs of new concerns and newly acquired operations, undue hardships of individual businesses, and the needs of smaller concerns in an industry. (d) Distribution of defense contracts.

In order to further the objectives and purposes of this section, the Office of Defense Mobilization is directed to investigate the distribution of defense contracts with particular reference to the share of such contracts which has gone and is now going to small business, either directly or by subcontract;

to review the policies, procedures, and administrative arrangements now being followed in order to increase participation by small business in the mobilization program; to explore all practical ways, whether by amendments to laws, policies, regulations, or administrative arrangements, or otherwise, to increase the share of defense procurement going to small business; to get from the departments and agencies engaged in procurement, and from other appropriate agencies including the Small Business Administration, their views and recommendations on ways to increase the share of procurement going to small business; and to make a report to the President and the Congress, not later than six months after August 9, 1955, which report shall contain the following: (i) a full statement of the steps taken by the Office of Defense Mobilization in making investigations required by this subsection; (ii) the findings of the Office of Defense Mobilization with respect to the share of procurement which has gone and is now going to small business; (iii) a full and complete statement of the actions taken by the Office of Defense Mobilization and other agencies to increase such small business share; (iv) a full and complete statement of the recommendations made by the procurement agencies and other agencies consulted by the Office of Defense Mobilization; and (v) specific recommendations by the Office of Defense Mobilization for further action to increase the share of procurement going to small business. (Sept. 8, 1950, ch. 932, title VII, § 701, 64 Stat. 815; July 31, 1951, ch. 275, title I, § 108, 65 Stat. 138; June 30, 1953, ch. 171, § 7, 67 Stat. 130; Aug. 9, 1955, ch. 655, §§ 4, 5, 69 Stat. 580.)

AMENDMENTS

1955 Subsec. (c). Act Aug. 9, 1955, § 4, eliminated the specific dates which were the basis for determination of materials in the civilian market and inserted provisions requiring that a business receive its fair share based on a representative period before the imposition of the allocation.

Subsec. (d). Act Aug. 9, 1955, § 5 added subsec. (d). 1953-Subsection (c) amended generally by act June 30, 1953, the principal change being to provide, in the allocation to business of a fair share of available civilian supply, a new base period for allocating materials not under control on July 1, 1953.

1951-Subsec. (c). Act July 31, 1951, provided that the limitations and restrictions on the production of specific items shall not exclude new concerns.

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 Defense 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2093, 2152 to 2163, 2164 to 2166, 2182, 2183 of this Appendix.

82152. Definitions.

As used in this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix]

(a) The word "person" includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing: Provided, That no punishment provided by this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] shall apply to the United States, or to any such government, political subdivision, or government agency.

(b) The word "materials" shall include raw materials, articles, commodities, products, supplies, components, technical information, and processes. (c) The word "facilities" shall not include farms, churches or other places of worship, or private dwelling houses.

(d) The term "national defense" means programs for military and atomic energy production or construction, military assistance to any foreign nation, stockpiling, space, and directly related activity.

(e) The words "wages, salaries, and other compensation" shall include all forms of remuneration to employees by their employers for personal services, including, but limited to, vacation and holiday payments, night shift and other bonuses, incentive payments, year-end bonuses, employer contributions to or payments of insurance or welfare benefits, employer contributions to a pension fund or annuity, payments in kind, and premium overtime payments.

(f) The term "defense contractor" means any person who enters into a contract with the United States for the production of material or the performance of services for the national defense. (Sept. 8, 1950, ch. 932, title VII, § 702, 64 Stat. 815; June 30, 1953, ch. 171, § 8, 67 Stat. 130; Aug. 15, 1970, Pub. L. 91-379, title I, § 102, 84 Stat. 796.)

AMENDMENTS

1970 Subsec. (d). Pub. L. 91-379, § 102(1), inserted reference to space in definition of national defense.

Subsec. (f). Pub. L. 91-379, § 102(2), added subsec. (f). 1953-Subsec. (d), defining "national defense", amended generally by act June 30, 1953, which, among other changes, inserted the references to construction, military assistance to foreign nations and stockpiling, and omitted specific reference to "operations or activities in connection with the Mutual Defense Assistance Act of 1949, as amended".

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, 2153 to 2163, 2164 to 2166, 2182, 2183 of this Appendix.

§ 2153. Delegation of authority; creation of new agencies; appointment and compensation of officers and personnel; State representation in regional offices.

(a) Except as otherwise specifically provided, the President may delegate any power or authority conferred upon him by this Act [sections 2061, 2062,

2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] to any officer or agency of the Government, including any new agency or agencies (and the President is authorized to create such new agencies, other than corporate agencies, as he deems necessary), and he may authorize such redelegations by that officer or agency as the President may deem appropriate. The President is authorized to appoint heads and assistant heads of any such new agencies, and other officials therein of comparable status, and to fix their compensation, without regard to the Classification Act of 1949, as amended, the head of one such agency to be paid at a rate comparable to the compensation paid to the heads of executive departments of the Government, and other such heads, assistant heads, and officials at rates comparable to the compensation paid to the heads and assistant heads of independent agencies of the Government. Any officer or agency may employ civilian personnel for duty in the United States, including the District of Columbia, or elsewhere, without regard to section 14 of the Federal Employees Pay Act of 1946 (60 Stat. 219), as the President deems necessary 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].

(b) The head and assistant heads of any independent agency created to administer the authority conferred by title IV of this Act [former sections 2101 to 2112 of this Appendix] shall be appointed by the President, by and with the advice and consent of the Senate. There shall be included among the policy-making officers of each regional office administering the authority conferred by title IV of this Act [former sections 2101 to 2112 of this Appendix] a resident of each State served by such office whose

governor requests such representation. (Sept. 8, 1950, ch. 932, title VII, § 703, 64 Stat. 816; July 31, 1951, ch. 275, title I, § 109 (a, b), 65 Stat. 139.)

REFERENCES IN TEXT

The Classification Act of 1949, referred to in subsec. (a), is classified to chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees.

Section 14 of the Federal Employees Pay Act of 1946 (60 Stat. 219), referred to in subsec. (a), formerly classified to section 947 of Title 5, was repealed by act Sept. 12, 1950, ch. 946, title III, § 301 (85), 64 Stat. 843.

AMENDMENTS

1951-Subsec. (a). Act July 31, 1951, § 109 (a), provided that the executive head of one agency under this act shall be paid at a rate comparable to that paid heads of executive departments.

Subsec. (b). Act July 31, 1951, § 109 (b), to provide for State representation in regional offices.

TERMINATION DATE

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

OFFICE OF EMERGENCY PREPAREDNESS

The name of the Office of Emergency Planning was changed to the Office of Emergency Preparedness by Pub. L. 90-608, c. IV, § 402, Oct. 21, 1968, 82 Stat. 1194, with references in any other law to the Office of Emergency Planning to be deemed, after Oct. 21, 1968, references to

COMPENSATION OF DIRECTOr and Deputy DIRECTOR, BUREAU, OF DOMESTIC COMMERCE

Compensation for Director and Deputy Director, Bureau of Domestic Commerce, Department of Commerce, fixed at certain prescribed rates, see Ex. Ord. No. 11567, Nov. 16, 1970, 35 F.R. 17701, set out as a note under section 1511 of Title 15, Commerce and Trade.

PROVISIONS FOR CONDUCT OF MOBILIZATION EFFORT OF THE GOVERNMENT

Ex. Ord. No. 10193, Dec. 16, 1950, 15 F.R. 9031, which provided for conduct of mobilization effort of the Government, was revoked by Ex. Ord. No. 10480, Aug. 18, 1953, 18 F.R. 4939, set out as a note under this section. ESTABLISHMENT OF DEFENSE PRODUCTION ADMINISTRATION

Ex. Ord. No. 10200, Jan. 3, 1951, 16 F. R. 61, as amended by Ex. Ord. No. 10281, Aug. 28, 1951, 16 F. R. 8789; Ex. Ord. No. 10433, Feb. 6, 1953, 18 F.R. 761, which related to establishment of Defense Production Administration, was revoked by Ex. Ord. No. 10480, Aug. 18, 1953, 18 F.R. 4939, set out as a note under this section.

Ex. Ord. No. 10224, Mar. 19, 1951, 16 F.R. 2543, as amended by Ex. Ord. No. 10461, June 18, 1953, 18 F.R. 3513, which provided for establishment of the National Advisory Board on Mobilization Policy was revoked by section 7(1) of Ex. Ord. No. 10773, set out as a note under section 2271 of this Appendix.

DEFENSE MATERIALS PROCUREMENT AND SUPPLY Ex. Ord. No. 10281, Aug. 28, 1951, 16 F.R. 8789, which related to defense materials procurement and supply was revoked by Ex. Ord. No. 10480, Aug. 18, 1953, 18 F.R. 4939, set out as a note under this section.

COMMITTEE ON GOVERNMENT CONTRACT COMPLIANCE

Ex. Ord. No. 10308, Dec. 5, 1951, 16 F. R. 12303, creating the Committee on Government Contract Compliance, was revoked and the Committee abolished by Ex. Ord. No. 10479, Aug. 17, 1953. 18 F. R. 4899, set out as a note preceding section 1 of Title 41, Public Contracts.

MERGER OF DEFENSE PRODUCTION ADMINISTRATION WITH OFFICE OF DEFENSE MOBILIZATION

Ex. Ord. No. 10433, Feb. 4, 1953, 18 F.R. 761, which provided for merger of Defense Production Administration with Office of Defense Mobilization, was revoked by Ex. Ord. No. 10480, Aug. 18, 1953, 18 FR. 4939, set out as a note under this section.

EXECUTIVE ORDER No. 10461

Ex. Ord. No. 10461, June 18, 1953, 18 F.R. 3513 which related to transfer of functions effected by Reorganization Plan No. 3 of 1953, was superseded by Ex. Ord. 11051, Sept. 27, 1962, 27 F.R. 9683, set out as a note under section 2271 of this Appendix.

Ex. ORD. No. 10480. ADMINISTRATION OF DEFENSE
MOBILIZATION PROGRAM

Ex. Ord. No. 10480, Aug. 18, 1953, 18 F.R. 4939, as amended by Ex. Ord. No. 10489, Sept. 28, 1953, 18 F.R. 6201; Ex. Ord. No. 10537, June 22, 1954, 19 F.R. 3807; Ex. Ord. No. 10574, Nov. 8, 1954, 19 F.R. 7249; Ex. Ord. No. 10662, Mar. 14, 1956, 21 F.R. 1673; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 10819, May 11, 1959, 24 F.R. 3779; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 11062, Nov. 20, 1962, 27 F.R. 11447, provided:

PART I. GENERAL DIRECTION OF PROGRAM

SECTION 101. (a) The Director of the Office of Emergency Planning 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 [sections 2061, 2062, 2071-2073, 2091-2094, 2151-2163 and 2164-2168 of this Appendix], 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