SEC. 2. In addition to the plans required by section 1 hereof, each Federal department and agency shall prepare plans for maintaining the continuity of its essential functions at the seat of Government and elsewhere during the existence of a civil-defense emergency. The personnel, materials, and facilities required for this purpose shall be exclusive of the personnel, materials, and facilities required for the execution of the plans prepared pursuant to section 1 of this order. In the preparation of the continuity plans required by this section, each department and agency shall consult with the Office of Emergency Planning with respect to the civil-defense aspects of its functions. In order to achieve uniformity of planning for the continuity of essential functions, the Director of the Office of Emergency Planning or the Department of Defense or both, as may be determined under the provisions of appropriate Executive orders shall establish such standards and policies as it may from time to time deem desirable. That portion of the continuity plans of a department or agency which involves its functions at the seat of Government shall become effective upon approval by the President, and that portion, if any, which involves functions performed elsewhere shall become effective upon approval by the head of the department or agency concerned.

SEC. 3. The Director of the Office of Emergency Planning shall assist the departments and agencies by indicating the types of personnel, materials, facilities, and services considered useful for civil-defense purposes in time of emergency; arrange for the use of such personnel, materials, facilities, and services as are not required for maintaining the continuity of the essential functions of the departments and agencies; and coordinate such arrangements with national, State and local civil-defense plans.

THE WHITE HOUSE,
April 17, 1952.

HARRY S TRUMAN.

CONDUCT OF MOBILIZATION

Executive Order 10480 1

[18 Fed. Reg. 4939; 50 U.S.C. App. 2153 Note]

FURTHER PROVIDING FOR THE ADMINISTRATION OF THE DEFENSE MOBILIZATION PROGRAM

By virtue of the authority vested in me by the Constitution and laws of the United States, including the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061, et seq.), and as President of the United States and Commander in Chief of the armed forces of the United States, it is hereby ordered as follows:

1 Amended by Executive Order 10489, Sept. 26, 1953, 18 Fed. Reg. 6201; Executive Order 10537. June 1, 1954, 19 Fed. Reg. 3807; Executive Order 10574, Nov. 5, 1954, 19 Fed. Reg. 7249; Executive Order 10662, Mar. 13, 1956, 21 Fed. Reg. 1673; Executive Order 10773. July 1, 1958, 23 Fed. Reg. 5061; Executive Order 10782, September 6. 1958, 23 Fed. Reg. 6971; Executive Order 10819, May 8, 1959, 24 Fed. Reg. 3779 and Executive Order 11051, September 27, 1962, 27 Fed. Reg. 9683.

PART I. GENERAL DIRECTION OF PROGRAM

1

SECTION 101. (a) The Director of the Office of Emergency Planning shall, on behalf of the President, coordinate all mobilization activities of the executive branch of the Government, including all such activities relating to production, procurement, manpower, stabilization, and transport. Every officer and agency of the Government, having functions under the Defense Production Act of 1950, as amended, delegated, redelegated, or otherwise assigned thereto by or under the authority of the President after the date of this order (whether heretofore or hereafter acquired or acquired by this order) shall perform the said functions subject to the direction and control of the Director of the Office of Emergency Planning.

(b) In carrying out the functions conferred upon him by this order, the Director of the Office of Emergency Planning shall, among other things:

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

(2) Make determinations as to the provision of adequate facilities for defense production and as to the procedure and methods followed by agencies of the Government with respect to the accomplishments of defense production programs.

(3) Be the certifying authority for the purposes of and within the meaning of subsections (e) and (g) of Section 168 of the Internal Revenue Code of 1954.

(4) Issue such directives, consonant with law, on policy and program to officers and agencies of the Government for execution by them as may be necessary to carry out the functions assigned to him by this order, and resolve interagency issues which otherwise would require the attention of the President.

1 Originally, this was the Office of Defense Mobilization, established by Executive Order 10193, December 16, 1950, 15 Fed. Reg. 9031.

Reorganization Plan No. 3 of 1953, effective June 12, 1953, 18 Fed. Reg. 3375 (1953) established a new Office of Defense Mobilization and transferred to that agency all functions then vested by any statute in the Director of Defense Mobilization or in the Office of Defense Mobilization provided for in Executive Order No. 10193. Executive Order 10461, issued June 17, 1953, 18 Fed. Reg. 3513 (1953), provided that the new Office of Defense Mobilization was made in all respects the successor of the Office of Defense Mobilization provided for in Executive Order No. 10193, and provided further that except in instances wherein the provisions concerned are for any reason inapplicable as of the effective date of Reorganization Plan No. 3 of 1953 (June 12, 1953) each reference in any prior Executive order to the Office of Defense Mobilization should thereafter be deemed to be a reference to the Office of Defense Mobilization established by Reorganization Plan No. 3 of 1953.

Reorganization Plan No. 1 of 1958, effective July 1, 1958, 23 Fed. Reg. 4991, transferred to the President of the United States all functions vested by law in the Office of Defense Mobilization, the Director of the Office of Defense Mobilization, the Federal Civil Defense Administration, and the Federal Civil Defense Administrator. Under the plan the Office of Defense Mobilization and the Federal Civil Defense Administration were consolidated into the Office of Defense and Civilian Mobilization. By Executive Order 10773, effective July 1, 1958, 23 Fed. Reg. 5061, the President delegated to the Director of the Office of Defense and Civilian Mobilization all functions transferred to the President by Reorganization Plan No. 1 of 1958, and amended references to the Office of Defense Mobilization in prior Executive orders to refer to the Office of Defense and Civilian Mobilization. Public Law 85-763, approved August 26, 1958, 72 Stat. 861, changed the name of the Office of Defense and Civilian Mobilization to the Office of Civil and Defense Mobilization, Executive Order 10782, effective September 6, 1958, 23 Fed. Reg. 6971, amended Executive Order 10773 by changing references in that order to the Office of Defense and Civilian Mobilization to the Office of Civil and Defense Mobilization.

Executive Order 11051 of September 27, 1962, 27 Fed. Reg. 9683, amended each reference to the Office of Civil and Defense Mobilization or the Director of the Office of Civil and Defense Mobilization in Executive Order 10480 and other Executive orders to refer to the Office of Emergency Planning and the Director of the Office of Emergency Planning, respectively. Executive Order 11051 also revoked Executive Order 10461, Executive Order 10773, and Executive Order 10782 to the extent that such orders have become inapplicable.

(5) Report to the President from time to time concerning his operations under this order.

SEC. 102. Revoked.1

PART II. PRIORITIES AND ALLOCATIONS

SEC. 201. (a) The functions conferred upon the President by Title I of the Defense Production Act of 1950, as amended, are hereby delegated to the Director of the Office of Emergency Planning, who shall, in carrying out the said functions, provide by redelegation or otherwise for their performance, subject to the provisions of section 101 of this order, by

(1) The Secretary of the Interior with respect to petroleum, gas, solid fuels and electric power.

(2) The Secretary of Agriculture with respect to food and with respect to the domestic distribution of farm equipment and commercial fertilizer.

(3) The Commissioner of the Interstate Commerce Commission who is responsible for the supervision of the bureau which administers the car-service functions of the Commission as set forth in paragraphs 10 to 17, inclusive, of section 1 of the Interstate Commerce Act, as amended, with respect to domestic transportation, storage, and port facilities, or the use thereof, but excluding air transport, coastwise, intercoastal, and overseas shipping.

(4) The Secretary of Commerce with respect to all other materials and facilities.

(b) Findings made under or pursuant to and for the purposes of section 101 (b) of the Act shall not be effective until approved by the Director of the Office of Emergency Planning.

PART III. EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

SEC. 301. The Department of Defense the Atomic Energy Commission, the Department of Commerce, the Department of the Interior, the Department of Agriculture, the General Services Administration, and the National Aeronautics and Space Administration, in this Part referred to as guaranteeing agencies, each officer having functions delegated to him pursuant to section 201 (a) of this order, and each other agency of the Government having mobilization functions, shall, within areas of production designated by the Director of the Office of Civil and Defense Mobilization, develop and promote measures for the expansion of productive capacity and of production and supply of materials and facilities necessary for the national defense.

SEC. 302. (a) Each guaranteeing agency is hereby authorized, in accordance with section 301 of the Defense Production Act of 1950, as

1 Sec. 102 was revoked by Executive Order 10773, July 1, 1958, 23 Fed. Reg. 5061. Sec. 102 established the Defense Mobilization Board and provided that the Director of the Office of Defense Mobilization should be Chairman of the National Advisory Board on Mobilization Policy established by Executive Order 10224 of March 15, 1951, 16 Fed. Reg. 2543. Executive Order 10224 was also revoked by Executive Order 10773. Executive Order 11051 of September 27, 1962, 27 Fed. Reg. 9683, revoked Executive Order 10773, among other Executive orders.

2 Executive Order 11062, November 19, 1962, 27 Fed. Reg. 11447, substituted "The Department of Defense" for "The Department of the Army, the Department of the Navy, the Department of the Air Force."

amended, subject to the provisions of this section, in order to expedite production and deliveries or services under Government contracts, and without regard to provisions of law relating to the making, performance, amendment, or modification of contracts, to guarantee in whole or in part any public or private financing institution (including any Federal Reserve Bank), by commitment to purchase, agreement to share losses, or otherwise, against loss of principal or interest on any loan, discount, or advance, or on any commitment in connection therewith, which may be made by such financing institution for the purpose of financing any contractor, subcontractor, or other person in connection with the performance of any contract or other operation deemed by the guaranteeing agency to be necessary to expedite production and deliveries of services under Government contracts for the procurement of materials or the performance of services for the national defense, or for the purpose of financing any contractor, subcontractor, or other person in connection with or in contemplation of the termination, in the interest of the United States, of any contract made for the national defense; but no small business concern (as defined in section 714(a) (1) of the said Act) shall be held ineligible for the issuance of such a guaranty by reason of alternative sources of supply.

(b) Each Federal Reserve Bank is hereby designated and authorized to act, on behalf of any guaranteeing agency, as fiscal agent of the United States in the making of such contracts of guarantee and in otherwise carrying out the purposes of section 301 of the said Act, as amended, in respect to private financing institutions.

(c) All actions and operations of Federal Reserve Banks, under authority of or pursuant to section 301 of the said Act, as amended, shall be subject to the supervision of the Board of Governors of the Federal Reserve System. Said Board is hereby authorized, after consultation with the heads of the guaranteeing agencies, (1) to prescribe such regulations governing the actions and operations of fiscal agents hereunder as it may deem necessary, (2) to prescribe, either specifically or by maximum límits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with loans, discounts, advances, or commitments guaranteed by the guaranteeing agencies through such fiscal agents, and (3) to prescribe regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection with such guarantees.

SEC. 303. The Administrator of General Services 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 may also exercise the said functions under section 303 of the said Act, as amended, with respect to food, and with respect to plant fibers (except abaca) not included in the definition of food to the extent that the procurement of such fibers involves the encouragement and development of sources of supply within the United States and its Territories and possessions.

SEC. 304. The Director of the Office of Emergency Planning is hereby authorized and directed to encourage the exploration, development, and mining of critical and strategic minerals and metals,

and to make provision for the development of substitutes for strategic and critical materials, as authorized by and subject to the provisions of section 303 of the Defense Production Act of 1950, as amended.

SEC. 305. The Administrator of General Services is hereby authorized and directed to make subsidy payments, to determine the amounts, manner, terms, and conditions thereof, and to make findings, 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 Administrator of General Services.

SEC. 307. The functions conferred upon the President by section 303 (f) of the Defense Production Act of 1950, as amended, with respect to transfers to the stockpile referred to in the said section, are hereby delegated to the Director of the Office of Emergency Planning.

SEC. 308. The authority conferred upon the President by section 304 (b) of the Defense Production Act of 1950, as amended, to approve borrowing from the Treasury of the United States is hereby delegated to the Director of the Office of Emergency Planning.

SEC. 309. All functions provided for in sections 303 to 307, inclusive, and in sections 310 and 311 of this 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. 310. (a) The Secretary of the Treasury, hereafter in this section referred to as the Secretary, 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 the subject to section 302 of the Defense Production Act of 1950, as amended. The functions assigned to the Secretary by this section include the administration and servicing of all loans (including participations in, or guarantees of, loans) made by the Reconstruction Finance Corporation prior to September 29, 1953, pursuant to the said section 302.

(b) Loans under section 310 (a) hereof (1) shall be made upon such terms and conditions as the Secretary shall determine. (2) shall be made only after the Secretary has determined in each instance that financial assistance is not available on reasonable terms from private sources or from other governmental sources, and (3) shall be made only upon certificate of essentiality of the loan, which certificate shall be made by the Director of the Office of Emergency Planning.

(c) Applications for loans under section 310(a) hereof shall be received from applicants by the Secretary or by such agencies of the Government as the Secretary shall designate for this purpose.