Executive Order 11572—Providing for the Use of Transportation Priorities and Allocations During the Current Railroad Strike

WHEREAS the current railroad strike threatens to halt virtually all transportation of persons and things by rail, and the remaining transportation facilities of the nation will be unable to handle all the essential traffic requirements put upon them; and WHEREAS section 101 (a) of the Defense Production Act of 1950, as amended, (50 U.S.C. App. 2071 (a)) provides that: "The President is hereby authorized (1) to require that performance under contracts or orders (other than contracts of employment) which he deems necessary or appropriate to promote the national defense shall take priority over performance under any other contract or order, and, for the purpose of assuring such priority, to require acceptance and performance of such contracts or orders in preference to other contracts or orders by any person he finds to be capable of their performance, and (2) to allocate materials and facilities in such manner, upon such conditions, and to such extent as he shall deem necessary or appropriate to promote the national defense." and WHEREAS the foregoing powers of the President have been delegated to certain officers of the Government by and pursuant to Executive Order No. 10480 of August 14, 1953, as amended: Now, THEREFORE, by virtue of the authority vested in me as President of the United States and Commander-in-Chief of the armed forces, including the authority conferred upon me by the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et seq.), it is hereby ordered as follows: SECTION 1. This order shall constitute a finding in pursuance of section 101(b) of the Defense Production Act of 1950, as amended, with respect to the exercise, as directed by section 2 of this order, of the powers vested in me by section 101(a) of that Act. SEC. 2. The officers of the Government in whom are vested (by or pursuant to Executive Order No. 10480, as amended), the allocation and priorities powers of the Defense Production Act of 1950, as amended, shall exercise those powers to accomplish the transportation and delivery of such persons and things as they deem necessary or proper to promote the national defense, including the accomplishment of military requirements, governmental functions, defense production and measures essential to the public health and safety. SEC. 3. Notwithstanding any other provision of this order or any other order: (1) The Secretary of Transportation is directed to determine, with the concurrence of the Director of the Office of Emergency Preparedness, the proper overall apportionment and allocation of available transportation capacity. (2) The Secretary of Transportation, subject to the general policy guidance of the Director of the Office of Emergency Preparedness, shall exercise centralized direction in the use of transportation priorities to accomplish the purposes of this order. (3) The Secretary of Transportation shall provide the organization, procedures and redelegations to carry out the functions under the foregoing provisions of this section. SEC. 4. This order takes effect at once and shall remain effective until the resumption of rail service makes it unnecessary but in no event more than fifteen days after the termination of the current railroad strike. RICHARD NIXON The White House December 10, 1970