Executive Order 10200—Establishing the Defense Production Administration

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:

PART 1. DEFENSE PRODUCTION ADMINISTRATION

SECTION 1. (a) There is hereby created an agency which shall be known as the Defense Production Administration.

(b) There shall be at the head of the Defense Production Administration a Defense Production Administrator, hereinafter referred to as the Administrator, who shall be appointed by the President by and with the advice and consent of the Senate. The Administrator shall perform his duties subject to the direction, control, and coordination of the Director of Defense Mobilization.

SEC. 2. (a) There are hereby delegated to the Administrator the functions conferred upon the President by Titles I and II and section 708 of the Defense Production Act of 1950 (relating respectively to priorities and allocations, requisitioning, and voluntary agreements) which were by the provisions of Part I, section 201(a) of Part II, and Part VII of Executive Order No. 10161 of September 9, 1950, delegated to the Secretary of Commerce, the Secretary of the Interior, and the commissioner of the Interstate Commerce Commission, respectively, and those which were by the provisions of section 101 of the said Executive Order No. 10161 delegated to the Secretary of Agriculture to the extent that they relate to food which has been determined to be available for industrial needs pursuant to section 3 of this order; and the said delegations made by the said Executive Order No. 10161 are hereby terminated accordingly.

(b) The Administrator shall direct the administration of the functions provided for in sections 302 and 303 of the Defense Production Act of 1950 (relating to expansion of production, capacity, and supply) except as to food; and accordingly, (1) the functions delegated to the Administrator of General Services by the provisions of section 304 of the said Executive Order No. 10161 shall be performed by him only pursuant to certificates of or subject to the approval of the Defense Production Administrator, and (2) that part of section 303 of the said Executive Order No. 10161 which precedes paragraph (a) thereof is hereby amended to read as follows:

SECTION 303. Within such amounts of funds as may be made available, and upon the certificate of the Secretary of Agriculture in respect of food and of the Defense Production Administrator in respect of other materials and facilities, as to the necessity for loans, purchases, commitments, or exploration, as the case may be:

(c) In carrying out the functions delegated or otherwise assigned to him by the foregoing provisions of this Executive order, the Administrator shall:

(a) Pending the further order of the President or the Director of Defense Mobilization, and excluding the duties set forth in paragraphs (2) to (5), inclusive, immediately below, provide by redelegation or otherwise for the performance of the said functions by the respective officers and agencies to whom the said functions were delegated by the said Executive Order No 10161 and their delegates.

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

(3) Make determinations as to the provision of adequate facilities for defense production and as to the procedures and methods followed by executive agencies with respect to the accomplishment of defense programs, including those with respect to purchasing, contracting, and specifications.

(4) Assemble estimated labor supply requirements for the fulfillment of projected defense production programs and furnish them to the Secretary of Labor for use in connection with the functions assigned to him by Part VI of the said Executive Order No. 10161.

(5) Perform, without the power of redelegation, those functions of the Administrator under section 2(a) of this Executive order (relating to certain voluntary agreements), which were heretofore delegated to the Secretary of Commerce by the provisions of section 701(b)(1) of the said Executive Order No. 10161, and perform such other functions regarding voluntary agreements as he may determine.

(d) The provisions of sections 902 and 903 of Executive Order No. 10161 (including those with respect to subpoena) are hereby made applicable to the Administrator with respect to his functions.

(e) The Administrator is hereby designated as the certifying authority for the purposes of and within the meaning of subsection (e) of section 124A of the Internal Revenue Code, as added by section 216 of the Revenue Act of 1950, approved September 23, 1950.

SEC. 3. (a) Whenever the available supply of any food is insufficient to meet all needs therefore the Administrator and the Secretary of Agriculture shall jointly determine the division to be made of the available supply of such food as between food for industrial needs and food for human and animal consumption.

(b) In the event of any difference of view between the Administrator and the Secretary of Agriculture relating to the execution of section 3(a) above, or in the event of any difference in view arising between the Secretary of Agriculture and any other officer or agency of the Government in the administration of functions under the Defense Production Act of 1950 with respect to food or facilities therefor, such difference of view shall be submitted to the Director of Defense Mobilization for decision.

SEC. 4. Section 902(d)(1) of Executive Order No. 10161 of September 9, 1950 is hereby amended to read as follows:

(1) Each officer or agency having functions under the said Act delegated or assigned to such officer or agency by or pursuant to 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.

SEC. 5. Section 802 of Executive Order No. 10161 of September 9, 1950, is hereby revoked, and the authority of the Chairman of the National Security Resources Board under section 103(b) of the said Executive Order No. 10161 to approve the designation of officers and agencies as claimants is hereby terminated.

SEC. 6. (a) To the extent that provisions of Executive Order No. 10161 of September 9, 1950, are inconsistent with the provisions of this order the latter shall control, and the said Executive Order No. 10161 is amended accordingly.

Except as modified or made inapplicable by the provisions of this Executive order, provisions of the said Executive Order No. 10161 relating to functions vested in the Administrator hereby shall continue to be applicable to such functions. Executive Order No. 10172 of October 12, 1950 is hereby revoked. Nothing in this Executive order shall affect the validity or force of anything heretofore done under the said Executive Orders Nos. 10161 or 10172.

(b) Any officer or agency having by delegation or otherwise any function under this order shall have all the authority conferred by sections 902 and 903 of Executive Order No. 10161, including the authority with respect to subpoena.

(c) All orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this Executive order shall remain in effect except as they are inconsistent herewith or are hereafter amended or revoked under proper authority.

(d) Nothing in this Executive order shall be deemed to supersede any provision of Executive Order No. 10193 of December 16, 1950.

SEC. 7. The PROVISIONS OF SECTIONS 2 TO 6, INCLUSIVE, OF THIS Executive order shall not be effective until the Administrator first appointed hereunder takes office as Administrator.

PART II. DEFENSE MOBILIZATION BOARD

SEC. 8. There is hereby established in the Office of Defense Mobilization (established by Executive Order No. 10193 of December 16, 1950) the Defense Mobilization Board, which shall consist of the Director of Defense Mobilization as Chairman, the Secretaries of Defense, the Treasury, the Interior, Commerce, Agriculture, and Labor, the Chairman of the Reconstruction Finance Corporation, the Chairman of the Board of Governors of the Federal reserve System, the Chairman of the National Security Resources Board, and such other officials as said Director may from time to time designate. The said Board shall be advisory to the Director of Defense Mobilization.

HARRY S. TRUMAN

THE WHITE HOUSE,

January 3, 1951