Official Document Text
Source: The American Presidency Project (UCSB Archive)
By virtue of the authority vested in me by the Constitution and statutes, including the Defense Production Act of 1950, as amended, and Title II of the First War Powers Act, 1941, as amended and as President of the United States and Commander in Chief of the armed forces of the United States, it is ordered as follows: PART I. DEFENSE MATERIALS PROCUREMENT AGENCY Section 101. (a) There is hereby created an agency which shall be known as the Defense Materials Procurement Agency. There shall be at the head of the said agency a Defense Materials Procurement Administrator, who shall perform his duties subject to direction, contra, and coordination by the Director of Defense Mobilization. (b) The Defense Materials Procurement Administrator shall be appointed by the President by and with the advice and consent of the Senate. There may be appointed to the office of Defense Materials Procurement Administrator any officer of the Executive branch of the Government designated by the President to hold the office of Defense Materials Procurement Administrator in addition to his other office: Provided, That the office of Administrator shall have no compensation attached to it so long as it is held by any other officer of the Government. PART II. FUNCTIONS OF THE DEFENSE MATERIALS PROCUREMENT ADMINISTRATOR SEC. 201. Sections 303 and 3014 of Executive Order No. 10161 of September 9, 1950 (15 F.R. 6105-6106), as amended, are hereby revoked, and there are hereby inserted in lieu thereof the following new sections: "SEC. 303. The Defense Materials Procurement Administrator is hereby authorized and directed to purchase and make commitments to purchase metals, minerals, and other materials, for Government use or resale, as authorized by and subject to the provisions of section 303 of the Defense Production Act of 1950, as amended: Provided, That the Secretary of Agriculture is also authorized to exercise the said functions under section 303 of the said Act, as amended, with respect to food. "SEC. 304. The Defense Materials Procurement Administrator 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 section 303 of the Defense Production Act of 1950, as amended. "SEC. 305. The Defense Materials Procurement Administrator is hereby authorized and directed to make subsidy payments, to determine the amounts, manner, terms, and conditions thereof, and to make finding, as authorized by and subject to the provisions of section 303 (c) of the Defense Production Act of 1950, as amended. "SEC. 306. The functions conferred upon the President by section 303 (e) of the Defense Production Act of 1950, as amended, 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 Defense Materials Procurement Administrator. "SEC. 307. The functions conferred upon the Defense Materials Procurement Administrator by sections 303 to 306, inclusive, of this Executive order, shall be carried out in accordance with programs certified to the said Administrator by the Defense Production Administrator: Provided, That any exercise by the Defense Materials Procurement Administrator of the functions provided for in section 303 hereof with respect to food shall be carried out in accordance with programs certified to him by the Secretary of Agriculture. "SEC. 308. All functions provided for in sections 303 to 306, inclusive, of this Executive order shall be carried out within such amounts of funds as may be made available pursuant to the Defense Production Act of 1950, as amended. "SEC. 309. The Economic Stabilization Administrator may from time to time recommend to appropriate agencies of the Government the use for stabilization purposes of subsidies authorized by the Defense Production Act of 1950, as amended." SEC. 202. The Defense Materials Procurement Agency is hereby designated as an additional guaranteeing agency under section 301 of the Defense Production. Act of 1950, as amended; and, accordingly, section 301 of Executive Order No. 10161 of September 9, 1950, as amended, is hereby amended by inserting therein, after the words "the Department of Agriculture", the words "the Defense Materials Procurement Agency,". SEC. 203. The provisions of Part I of Executive Order No. 10210 of February 2, 1951 (16 F.R. 1049), entitled "Authorizing the Department of Defense and the Department of Commerce To Exercise the Functions and Powers Set Forth in Title II of the First War Powers Act, 1941, as Amended by the Act of January 12, 1951, and Prescribing Regulations for the Exercise of Such Functions and Powers", are hereby extended to the Defense Materials Procurement Agency; and, subject to the limitations and regulations contained in such Part I and under such regulations as he may prescribe, the Defense Materials Procurement Administrator is authorized to perform and exercise, as to the Defense Materials Procurement Agency, all the functions and authority vested in and granted by Part I of the said Executive Order No. 10210 to the Secretaries named therein: Provided, That the regulations so prescribed need not be approved by the Secretary of Defense: And provided further, That nothing contained herein shall prejudice any other authority which the Defense Materials Procurement Agency or the Defense Materials Procurement Administrator may have with respect to procurement. PART III. LOANS TO PRIVATE BUSINESS ENTERPRISES SEC. 301. Part III of Executive Order No. 10161 of September 9, 1950, as amended, is hereby further amended by adding after section 309 thereof (as added by Part II of this Executive order) the following new sections: "SEC. 310. (a) The Reconstruction Finance Corporation is hereby authorized and directed to make loans (including participations in or guarantees of loans) to private business enterprises (including research corporations not organized for profit) for the expansion of capacity, the development of technological processes, and the production of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals, exclusive of such expansion, development and production in foreign countries, as authorized by and subject to section 302 of the Defense Production Act of 1950, as amended, and within such amounts of funds as may be made available pursuant to the Defense Production Act of 1950, as amended. "(b) Loans under section 310 (a) hereof (1) shall be made upon such terms and conditions as the Corporation well determine, (2) shall be made only after the Corporation has determined in each instance that financial assistance is not available on reasonable terms from private sources or from other governmental sources, and (3), except in the case of working capital loans (involving no more than minor expansion of capacity which is incidental to a loan for working capital) shall be made only upon certificate of essentiality of the loan, which certificate shall be made by the Secretary of Agriculture with respect to food and food facilities and by the Defense Production Administrator with respect to all other materials and facilities. "(c) Applications for loans under section 310 (a) hereof shall be received from applicants by the Corporation or by such agencies of the Government as the Corporation shall designate for this purpose. "SEC. 311. (a) The Export-Import Bank of Washington is hereby authorized and directed to make loans (including participations in loans) to private business enterprises, for the expansion of capacity, the development of technological processes, and the production of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals, in those cases where such expansion, development or production is carried on in foreign countries, as authorized by and subject to section 302 of the Defense Production Act of 1950, as amended, and within such amounts of funds as may be made available pursuant to the Defense Production Act of 1950, as amended. "(b) Loans under section 311 (a) hereof (1) shall be made upon such terms and conditions as the said Bank shall determine, (2) shall be made only after the Bank has determined in each instance that financial assistance is not available on reasonable terms from private sources and that the loan involved cannot be made under the provisions of and from funds available to the Bank under the Export-Import Bank Act of 1945, as amended, and (3) shall be made only upon certificate of essentiality of the loan, which certificate shall be made by the Secretary of Agriculture with respect to food and food facilities and by the Defense Production Administrator with respect to all other materials and facilities. "(b) Applications for loans under section 311 (a) hereof shall be received from applicants by the said Bank or by such agencies of the Government as the Bank shall designate for this purpose." PART IV. MISCELLANEOUS AMENDMENTS OF PRIOR ORDERS SEC. 401. Executive Order No. 10161 of September 9, 1950, as amended, is hereby further amended by inserting the following after section 801 thereof: SEC. 802. All functions delegated or assigned by or pursuant to this Executive order, or by or pursuant to any other Executive order provision amendatory or supplementary to this Executive order, including any such provision in an Executive order hereafter promulgated, shall be performed, by the respective officers and agencies concerned, subject to the direction, control, and coordination of the Director of Defense Mobilization." SEC. 402. Section 901 of Executive Order No. 10161 of September 9, 1950, is hereby amended by adding after paragraph (k) thereof a new paragraph (1), to read as follows: "(1) The term 'Defense Production Act of 1950' includes, except as may be inappropriate, the Defense Production Act of 1950, as amended." SEC. 403. Section 201 (b) of Executive Order No. 10161 of September 9, 1950, is hereby amended to read as follows: "(b) The functions conferred upon the President by sections 201 (c) and 201 (d) of the Defense Production Act of 1950, as amended, exclusive of determinations with respect to the termination of the need for the: national defense of any property acquired under Title II of the said Act (before or after amendment of the said Title II), are hereby delegated to the Administrator of General Services." SEC. 404. Section 301 of Executive Order No. 10161 of September 9, 1950, is hereby amended by inserting therein, after the words "the Department of the Air Force," the words "the Atomic Energy Commission,". Executive Order No. 10223 of March 10, 1951, is hereby revoked. SEC. 405. (a) The term "Defense Production Act of 1950," wherever it occurs in Executive Order No. 10200 of January 3, 1951, shall be deemed to include, except as may be inappropriate, the Defense Production Act of 1950, as amended. (b) The functions delegated to the Defense Production Administrator by Section 2 (a) of Executive Order No. 10200 of January 3, 1951, shall be deemed to include the functions conferred upon the President by section 201 (b) of the Defense Production Act of 1950, as amended. (c) Section 2 (b) of the said Executive Order No. 10200 is hereby revoked. (d) Except as specifically provided in this Executive order, the provisions of Executive Order No. 10200 shall not be deemed to be revoked or superseded hereby. PART V. GENERAL PROVISIONS SEC. 501. (a) There shall be transferred to the Defense Materials Procurement Agency so much of the personnel, records, property, and unexpended balances of appropriations, allocations, and other funds of the various agencies now administering the activities under the Defense Production Act of 1950 which by this order are delegated or assigned to the Defense Materials Procurement Agency or the head thereof as the Director of the Bureau of the Budget deems to relate to the said functions and to be required by the Defense Materials Procurement Agency for the performance of the said functions. (b) The Director of the Bureau of the Budget, with the approval of the President, shall make such determinations and dispositions and take such measures, which shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate, as he shall deem to be necessary in order to effectuate the provisions of section 501 (a) hereof. SEC. 502. (a) To the extent that any provision of any prior Executive order is inconsistent with the provisions of this order, the latter shall control and such prior provision is amended accordingly. (b) 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. SEC. 503. Part II and section 501 of this Executive order shall not become effective until the Defense Materials Procurement Administrator first appointed hereunder enters upon office as Administrator. HARRY S. TRUMAN THE WHITE HOUSE August 28, 1951, 12:31 p.m.