Executive Order 10219—Defining Certain Responsibilities of Federal Agencies with Respect to Transportation and Storage

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, and in order to assure the adequacy and effective utilization of transportation and storage facilities to meet the needs of national defense and of domestic and foreign commerce, it is hereby ordered as follows:

PART I-DOMESTIC TRANSPORTATION AND STORAGE

SECTION 101. The Commissioner of the Interstate Commerce Commission who is responsible for the supervision of the Bureau of Service of the Commission shall in utilizing the functions vested in him under the Defense Production Act of 1950:

(1) Assemble and analyze data with respect to requirements to be imposed on domestic transportation and storage systems and facilities and with respect to the ability of such systems and facilities to satisfy such requirements.

(b) Formulate such plans and programs, and take such actions, as may be desirable to meet requirements for domestic transportation and storage, including, among other things, programs and measures for increasing the efficiency and obtaining maximum utilization of domestic transportation and storage systems and facilities and for providing additional transportation and storage facilities.

(c) Coordinate and direct the domestic movement of passenger and freight traffic in cooperation with the Interstate Commerce Commission and private transportation organizations and agencies.

(d) Allocate the use of domestic transportation and storage facilities by operators thereof, and allocate domestic transportation and storage services to the users thereof.

(e) Administer such priorities as may be necessary to insure the movement of essential traffic, subject to such policies and orders as the Defense Production administrator may prescribe.

(f) Act as claimant for materials and manpower for the construction, operation, maintenance, and repair of domestic transportation and storage systems and facilities.

(g) Cooperate with the Secretary of Commerce, the Secretary of Defense, and the Secretary of the Interior, to achieve the effective coordination of inland and ocean transportation and the efficient operation of all port facilities to meet military and civilian requirements.

(h) Cooperate with the Secretary of Defense and the Administrator of General Services to achieve the effective coordination and utilization of storage facilities.

(I) utilize the services of the Interstate Commerce Commission and of such other Federal, State, and local agencies as he deems desirable in the performance of his functions.

PART II-SHIPPING AND SHIP CONSTRUCTION

SEC. 201. The Secretary of Commerce shall in utilizing the functions vested in him by law, including those under the Defense Production Act of 1950;

(a) Assemble and analyze data on the requirements for ocean-going merchant shipping, including the requirements of the Department of Defense for ocean-going merchant-type vessels, and the supply of merchant shipping of domestic and foreign registry available for meeting these requirements.

(b) Formulate plans and programs for the construction of ocean-going merchant vessels determined to be needed to meet the requirements of national defense and domestic and foreign commerce, and construct such vessels as he may be authorized to construct.

(c) Formulate and, as necessary, undertake the execution of plans and programs for the reactivation of vessels from the national-defense reserve fleet, the requisition, purchase, charger, operation, maintenance, and repair of ocean-going merchant vessels, and the administration of war-risk insurance.

(d) Allocate ocean-going merchant vessels as required to meet the needs of the Department of Defense and other Federal programs.

(e) As necessary, schedule the movement of cargo, and administer priorities for the transportation of cargo, on ocean-going merchant vessels (other than those under the control of the Department of Defense), subject to such policies and orders as the Defense Production Administrator may prescribe.

(f) Act as claimant for materials and manpower for the construction, operation, maintenance, and repair of merchant vessels.

(g) Cooperate with the commissioner of the Interstate Commerce Commission responsible for the supervision of the Bureau of Service of the Commission and with the Secretary of Defense and the Secretary of the Interior to achieve the effective coordination of ocean and inland transportation and the efficient operation of all port facilities to meet military and civilian requirements.

(h) Represent the United States in dealing with shipping agencies of allied and associated governments in matters related to the use of shipping, acting within the framework of the national policy and under the guidance of the Department of State on matters of foreign policy and relations.

(i) Establish such agency or agencies within the Department of Commerce, and utilize the services of such other Federal, State, and local agencies, as he deems desirable in the performance of his functions with respect to shipping and ship construction.

SEC. 202. Nothing in this part shall be deemed to limit the functions of the Department of Defense. Any questions arising as to the application of this part which cannot be resolved by the agencies directly concerned shall be referred to the Office of Defense Mobilization for decision.

PART III-AIR TRANSPORTATION

SEC. 301. The Secretary of Commerce shall in utilizing the functions vested in him by law, including those under the Defense Production Act of 1950:

(a) Assemble and analyze data on the requirements of civil air transportation and of the Department of Defense for aircraft of the types used by civil air carriers.

(b) Formulate such plans and programs, and initiate such actions, as may be desirable to meet the requirements for devil air transportation and for the types of aircraft used by civil air carriers, including plans and programs for (1) the transfer or assignment of aircraft from civil air carriers to the Department of Defense, when required to meet needs of the armed forces approved by the Director of Defense Mobilization, and (2) such redistribution as may be necessary of the remaining aircraft among civil air carriers to assure the maintenance of essential civil routes and services.

(c) Allocate aircraft of the types used by civil air carriers as required to meet the needs of the armed forces and to maintain essential civil routes and services.

(d) As necessary, schedule the movement of traffic and administer priorities for the transportation of passengers, cargo, and mail by civil air carriers, subject to such policies and orders as the Defense Production Administrator may prescribe.

(e) Act as claimant for materials and manpower for the construction, operation, maintenance, and repair of civil air transportation systems and facilities.

(f) Establish such agency or agencies within the Department of Commerce, and utilize the services of the Civil Aeronautics Board and of such other Federal, State and local agencies, as he deems desirable in the performance of his functions.

PART IV-OTHER TRANSPORTATION FACILITIES

SEC. 401. The Secretary of Commerce with respect to streets, highways, airports, and airways, the Secretary of the Army with respect to rivers, harbors, and inland waterways, the Secretary of the Treasury with respect to aids to navigation, and the Secretary of the Interior with respect to pipelines shall in utilizing the functions vested in them by law, including those under the Defense Production Act of 1950:

(a) Assemble and analyze data on the requirements of the national defense for such transportation facilities.

(b) Formulate plans and programs, and take such actions, as may be desirable for meeting such requirements and obtaining the most effective utilization of such facilities for national defense purposes.

PART V-GENERAL PROVISIONS

SEC. 501. As used in this order the term "domestic transportation" does not include transportation by air, pipeline, or coastal or intercoastal shipping.

SEC. 502. Each agency of the executive branch of the Government shall, consistent with law, furnish to the officers to whom responsibilities are assigned by this order such information relating to its transportation and storage requirements as such officers may request in the performance of their functions under this order.

SEC. 503. Nothing in this Executive order shall be deemed to supersede any provision of Executive Order No. 10193 of December 16, 1950, or of Executive Order No. 10200 of January 3, 1951, or to alter the delegations of authority made by or under authority of Executive Order No. 10161 of September 9, 1950, or of Executive Order No. 10200 of January 3, 1951. The enumerations of responsibilities in Parts I, II, III, and IV of this order shall not be deemed to be exclusive or to limit or restrict the functions of the officers designated therein except as specifically provided therein.

HARRY S. TRUMAN

THE WHITE HOUSE,

February 28, 1951