Executive Order 10421—Providing for the Physical Security of Facilities Important to the National Defense

By virtue of the authority vested in me by the Constitution and statutes, and as President of the United States, it is hereby ordered as follows:

SECTION 1. As used in the following sections of this order:

(a) The word "facilities" means those Government-owned and privately -owned plants, mines, facilities (including buildings occupied in whole or in part by any Federal agency), materials, products, and processes, and those Government-provided and privately-provided services, which are of importance to defense mobilization, defense production, ore the essential civilian economy and are located or provided in the continental United States or in the Territories or possessions of the United States: Provided, That the Chairman of the National Security Resources Board may, upon proper notice to affected Federal agencies, from time to time amend the foregoing definition of "facilities," with respect to any or all parts of this order, as he shall deem to be compatible with the purposes of this order.

(b) The term "physical security" means security against sabotage, espionage, and other hostile activity and other destructive acts and omissions, but excludes security attributable to operations of military defense or combat and excludes also activities with respect to the dispersal and post-attack rehabilitation of facilities.

(c) The word "Chairman" means the Chairman of the National Security Resources Board.

SEC. 2. With a view toward the maintenance of essential production and the security of the United States, to the extent permitted by law, and subject to the provisions of this order, Federal agencies shall develop and execute programs and measures for the physical security of facilities within the cognizance of such agencies, respectively.

SEC. 3. (a) In addition to carrying out the functions conferred upon him by law, the Chairman shall supervise and bring into harmonious action the programs and measures referred to in section 2 of this order.

(b) More particularly, the Chairman shall from time to time:

(1) Prescribe policies and programs governing the activities of Federal agencies with respect to the physical security of facilities, including the activities involved in carrying out section 4(a) hereof (respecting security ratings).

(2) With the advice and assistance of appropriate Federal agencies, develop and promulgate standards of physical security to be applicable to facilities, which standards shall as far as practicable accommodate differences in degrees and types of physical security required, different categories of facilities, different security ratings, and such other considerations as may be pertinent.

(3) Assign facilities to Federal agencies, insofar as deemed practicable by the Chairman on the basis of the interests and general cognizance of agencies, for the performance by such agencies of the following functions, subject to the direction of the Chairman: (a) the furnishing of advice to the management or owner of a facility with respect to developing and administering the physical security program thereof; (B) in consultation with the management or owner of a facility and with other technically qualified persons, the development of physical security measures for such facility and, when necessary, the authorization of standards of physical security therefor which differ from the standards prescribed under section 3(b)(2) hereof; (C) such supervision as may be appropriate of the application of physical security measures to assigned facilities; (D) the furthering, by other measures designated by the Chairman, of the physical security of assigned facilities; and (E) the appraisal of the adequacy and efficiency of the physical security measures taken.

(4) Approve or revise security ratings established under section 4(a) hereof and transmit the security ratings so approved or revised to agencies assigned facilities under section 3(b)(3) hereof. The Chairman may make any approved or revised security rating available to Federal agencies other than the agency to which a facility concerned is assigned, for such uses related to the maintenance of production or the national security as the Chairman may approve.

(5) Review the physical security programs and measures of Federal agencies as to effectiveness and as to conformity with the policies and directives of the Chairman under this order.

(6) Obtain from Federal agencies reports, recommendations, and information deemed by the Chairman to be essential to the discharge of his responsibilities under this order.

(7) Consult with Federal agencies having responsibilities related to functions set forth in this order, for the purpose of furthering coordination of policies and activities; and develop, and report to the President concerning, programs which properly relate the physical security of facilities and other measures designed to maintain and restore essential productive capability.

(8) Make available, or cause to be made available, to Federal agencies such of the information developed in connection with carrying out section 4(a) hereof as the Chairman deems to be needed by those agencies in connection with the physical security of facilities or other aspects of the maintenance of production.

(9) Keep the President informed as may be necessary concerning the matters encompassed by this order and furnish him such recommendations as may be appropriate.

(1)) Consistent with law, establish such advisory bodies as the Chairman may deem necessary to assist him in carrying out his functions under this order.

SEC. 4. (a) The Secretary of Commerce shall from time to time establish and transmit to the Chairman security ratings of facilities, based on the relative importance thereof to defense mobilization, defense production, and essential civilian economy.

(b) In carrying out section 4(a) hereof, the Secretary of Commerce shall consult with Federal agencies as may be appropriate.

(c) To the extent necessary for the performance of functions under section 4(a) hereof, Federal agencies which have, or can best obtain, data on plant locations, plant capacities, production, service industries, technical processes, and production requirements, and other similar information shall make available to the Secretary of Commerce such data and information. In the event of any disagreement with respect to making data or information available under this section 4(c), the Chairman shall resolve such disagreement and the decision of the Chairman shall be final.

(d) The Industry Evaluation Board is continued and shall, to such extent and in such manner as the Secretary of Commerce may direct, assist the Secretary in carrying out the functions of the Secretary under section 4(a) hereof. The Secretary, with the approval of the Chairman, may from time to time after the composition of the said Board. There is hereby terminated the now-existing Presidentially approved assignment of functions to the said Board.

SEC. 5. Each Federal procurement agency which obtains in connection with its procurement contracts agreements requiring contractors to provide physical security measures for their facilities shall provide in such agency for the review of such agreements. The purpose of such review shall be to assure conformity of the physical security measures required by the agreements with the standards prescribed under section 3(b)(2) hereof.

SEC. 6. (a) The Facilities Protection Board is transferred to the jurisdiction of the Chairman. Existing arrangements concerning the physical location of and administrative support for the Board may be continued.

(b) The Facilities Protection Board shall hereafter consist of one representative of each of the following agencies, namely, the Departments of Defense, Commerce, Interior, and Labor, the Atomic Energy Commission, the Federal Civil Defense Administration, and such other agencies as the Chairman may from time to time designate. Each such representative shall be designated by the head of the agency he is to represent. Each person who is now a member of the Board may continue as a member without the necessity of redesignation by reason of this order. The Chairman of the National Security Resources Board shall from time to time designate from among the members of the Board a Chairman of the Facilities Protection Board.

(c) The Board shall assist and advise the Chairman in carrying out the functions vested in him by this order. There is hereby terminated the now-existing Presidentially approved assignment of functions to the Board.

SEC. 7. (a) The programs and measures provided for in this order with respect to the physical security of facilities shall be supplementary to, and not in substitution for, similar or related activities carried on by state and local authorities and by private enterprise. This order shall not be deemed to place in the Federal Government the primary responsibility for the physical security of privately-owned facilities or of facilities owned by any state, any political subdivision of any state, or any intergovernmental body.

(b) This order shall not be deemed to govern activities with respect to the post-attack immediately essential emergency repair or restoration of damaged vital facilities (64 Stat. 1247; 50 U.S.C. App. 2252(b)), except that the Federal Civil Defense Administration and the Chairman shall effect appropriate coordination of the said activities and functions carried out under this order.

(c) This order shall not extend to any facility of or under the cognizance of the Atomic Energy Commission, except those parts of any such facility which are not the responsibility of the said Commission.

(d) This order shall not extend to Federally-owned military posts, camps, stations, arsenals, or other comparable facilities under military command. The Chairman may exclude partly or wholly from the operation of this order any other facility under the cognizance of the Department of Defense, except that the Department shall advise and consult with the Chairman concerning the physical security of any facility so excluded. The provisions of this order shall not be deemed to apply to military defense or combat, except that the Chairman and the Secretary of Defense shall effect appropriate coordination of the functions carried out under this order and of operations of military defense or combat affecting facilities.

(e) Nothing in this order shall be deemed to confer on any Federal agency investigative functions exercised by any Federal agency represented in the Interdepartmental Intelligence Conference or to alter or modify any function of the said Conference.

(f) Nothing in this order shall be deemed to affect the responsibilities now assigned to the Interdepartmental Committee on Internal Security, except that there shall be governed by this order, (A) the Facilities Protection Board and the Industry Evaluation Board and their functions and supervision, (B) the prescription of standards of physical security of facilities, (C) the making of security ratings respecting facilities, and (D) the assignment of facilities to Federal agencies for the performance by them of physical security functions and the conduct by the said agencies of physical security functions respecting facilities assigned to them, respectively.

HARRY S. TRUMAN

THE WHITE HOUSE,

December 31, 1952