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Executive Order 12919

Issued by William J. Clinton on Friday 3 June 1994


National Defense Industrial Resources Preparedness

Federal Register, Volume 59 Issue 108 (Tuesday, June 7, 1994)

[Federal Register Volume 59, Number 108 (Tuesday, June 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-14027]


[[Page Unknown]]

[Federal Register: June 7, 1994]


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Part V





The President





_______________________________________________________________________



Executive Order 12919--
National Defense Industrial Resources 
Preparedness


                        Presidential Documents 


Federal Register
Vol. 59, No. 108
Tuesday, June 7, 1994

____________________________________________________________________

Title 3--
The President
                Executive Order 12919 of June 3, 1994

 
National Defense Industrial Resources 
                Preparedness

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Defense Production Act of 1950, 
                as amended (64 Stat. 798; 50 U.S.C. App. 2061, et 
                seq.), and section 301 of title 3, United States Code, 
                and as Commander in Chief of the Armed Forces of the 
                United States, it is hereby ordered as follows:

                    PART I--PURPOSE, POLICY AND IMPLEMENTATION

                Section 101. Purpose. This order delegates authorities 
                and addresses national defense industrial resource 
                policies and programs under the Defense Production Act 
                of 1950, as amended (``the Act''), except for the 
                amendments to Title III of the Act in the Energy 
                Security Act of 1980 and telecommunication authorities 
                under Executive Order No. 12472.

                Sec. 102. Policy. The United States must have an 
                industrial and technology base capable of meeting 
                national defense requirements, and capable of 
                contributing to the technological superiority of its 
                defense equipment in peacetime and in times of national 
                emergency. The domestic industrial and technological 
                base is the foundation for national defense 
                preparedness. The authorities provided in the Act shall 
                be used to strengthen this base and to ensure it is 
                capable of responding to all threats to the national 
                security of the United States.

                Sec. 103. General Functions. Federal departments and 
                agencies responsible for defense acquisition (or for 
                industrial resources needed to support defense 
                acquisition) shall:

                    (a) Identify requirements for the full spectrum of 
                national security emergencies, including military, 
                industrial, and essential civilian demand;

                    (b) Assess continually the capability of the 
                domestic industrial and technological base to satisfy 
                requirements in peacetime and times of national 
                emergency, specifically evaluating the availability of 
                adequate industrial resource and production sources, 
                including subcontractors and suppliers, materials, 
                skilled labor, and professional and technical 
                personnel;
                    (c) Be prepared, in the event of a potential threat 
                to the security of the United States, to take actions 
                necessary to ensure the availability of adequate 
                industrial resources and production capability, 
                including services and critical technology for national 
                defense requirements;
                    (d) Improve the efficiency and responsiveness, to 
                defense requirements, of the domestic industrial base; 
                and
                    (e) Foster cooperation between the defense and 
                commercial sectors for research and development and for 
                acquisition of materials, components, and equipment to 
                enhance industrial base efficiency and responsiveness.

                Sec. 104. Implementation. (a) The National Security 
                Council is the principal forum for consideration and 
                resolution of national security resource preparedness 
                policy.

                    (b) The Director, Federal Emergency Management 
                Agency (``Director, FEMA'') shall:

                (1) Serve as an advisor to the National Security 
                Council on issues of national security resource 
                preparedness and on the use of the authorities and 
                functions delegated by this order;

                (2) Provide for the central coordination of the plans 
                and programs incident to authorities and functions 
                delegated under this order, and provide guidance and 
                procedures approved by the Assistant to the President 
                for National Security Affairs to the Federal 
                departments and agencies under this order;

                (3) Establish procedures, in consultation with Federal 
                departments and agencies assigned functions under this 
                order, to resolve in a timely and effective manner 
                conflicts and issues that may arise in implementing the 
                authorities and functions delegated under this order; 
                and

                (4) Report to the President periodically concerning all 
                program activities conducted pursuant to this order.

                    (c) The head of every Federal department and agency 
                assigned functions under this order shall ensure that 
                the performance of these functions is consistent with 
                National Security Council policy and guidelines.

                    PART II--PRIORITIES AND ALLOCATIONS

                Sec. 201. Delegations of Priorities and Allocations. 
                (a) The authority of the President conferred by section 
                101 of the Act to require acceptance and priority 
                performance of contracts or orders (other than 
                contracts of employment) to promote the national 
                defense over performance of any other contracts or 
                orders, and to allocate materials, services, and 
                facilities as deemed necessary or appropriate to 
                promote the national defense, is delegated to the 
                following agency heads:

                (1) The Secretary of Agriculture with respect to food 
                resources, food resource facilities, and the domestic 
                distribution of farm equipment and commercial 
                fertilizer;

                (2) The Secretary of Energy with respect to all forms 
                of energy;

                (3) The Secretary of Health and Human Services with 
                respect to health resources;

                (4) The Secretary of Transportation with respect to all 
                forms of civil transportation;

                (5) The Secretary of Defense with respect to water 
                resources; and

                (6) The Secretary of Commerce for all other materials, 
                services, and facilities, including construction 
                materials.

                    (b) The Secretary of Commerce, in consultation with 
                the heads of those departments and agencies specified 
                in subsection 201(a) of this order, shall administer 
                the Defense Priorities and Allocations System 
                (``DPAS'') regulations that will be used to implement 
                the authority of the President conferred by section 101 
                of the Act as delegated to the Secretary of Commerce in 
                subsection 201(a)(6) of this order. The Secretary of 
                Commerce will redelegate to the Secretary of Defense, 
                and the heads of other departments and agencies as 
                appropriate, authority for the priority rating of 
                contracts and orders for all materials, services, and 
                facilities needed in support of programs approved under 
                section 202 of this order. The Secretary of Commerce 
                shall act as appropriate upon Special Priorities 
                Assistance requests in a time frame consistent with the 
                urgency of the need at hand.
                    (c) The Director, FEMA, shall attempt to resolve 
                issues or disagreements on priorities or allocations 
                between Federal departments or agencies in a time frame 
                consistent with the urgency of the issue at hand and, 
                if not resolved, such issues will be referred to the 
                Assistant to the President for National Security 
                Affairs for final determination.
                    (d) The head of each Federal department or agency 
                assigned functions under subsection 201(a) of this 
                order, when necessary, shall make the finding required 
                under subsection 101(b) of the Act. This finding shall 
                be submitted for the President's approval through the 
                Assistant to the President for National Security 
                Affairs. Upon such approval the head of the Federal 
                department or agency that made the finding may use the 
                authority of subsection 101(a) of the Act to control 
                the general distribution of any material (including 
                applicable services) in the civilian market.
                    (e) The Assistant to the President for National 
                Security Affairs is hereby delegated the authority 
                under subsection 101(c)(3) of the Act, and will be 
                assisted by the Director, FEMA, in ensuring the 
                coordinated administration of the Act.

                Sec. 202. Determinations. The authority delegated by 
                section 201 of this order may be used only to support 
                programs that have been determined in writing as 
                necessary or appropriate to promote the national 
                defense:

                    (a) By the Secretary of Defense with respect to 
                military production and construction, military 
                assistance to foreign nations, stockpiling, outer 
                space, and directly related activities;
                    (b) By the Secretary of Energy with respect to 
                energy production and construction, distribution and 
                use, and directly related activities; and
                    (c) By the Director, FEMA, with respect to 
                essential civilian needs supporting national defense, 
                including civil defense and continuity of government 
                and directly related activities.

                Sec. 203. Maximizing Domestic Energy Supplies. The 
                authority of the President to perform the functions 
                provided by subsection 101(c) of the Act is delegated 
                to the Secretary of Commerce, who shall redelegate to 
                the Secretary of Energy the authority to make the 
                findings described in subsection 101(c)(2)(A) that the 
                materials (including equipment), services, and 
                facilities are critical and essential. The Secretary of 
                Commerce shall make the finding described in subsection 
                101(c)(2)(A) of the Act that the materials (including 
                equipment), services, or facilities are scarce, and the 
                finding described in subsection 101(c)(2)(B) that it is 
                necessary to use the authority provided by subsection 
                101(c)(1).

                Sec. 204. Chemical and Biological Warfare. The 
                authority of the President conferred by subsection 
                104(b) of the Act is delegated to the Secretary of 
                Defense. This authority may not be further delegated by 
                the Secretary.

                    PART III--EXPANSION OF PRODUCTIVE CAPACITY AND 
                SUPPLY

                Sec. 301. (a) Financing Institution Guarantees. To 
                expedite or expand production and deliveries or 
                services under government contracts for the procurement 
                of industrial resources or critical technology items 
                essential to the national defense, the head of each 
                Federal department or agency engaged in procurement for 
                the national defense (referred to as ``agency head'' in 
                this part) and the President and Chairman of the 
                Export-Import Bank of the United States (in cases 
                involving capacity expansion, technological 
                development, or production in foreign countries) are 
                authorized to guarantee in whole or in part any public 
                or private financing institution, subject to provisions 
                of section 301 of the Act. Guarantees shall be made in 
                consultation with the Department of the Treasury as to 
                the terms and conditions thereof. The Director of the 
                Office of Management and Budget (``OMB'') shall be 
                informed when such guarantees are to be made.

                    (b) Direct Loan Guarantees. To expedite or expand 
                production and deliveries or services under government 
                contracts for the procurement of industrial resources 
                or critical technology items essential to the national 
                defense, each agency head is authorized to make direct 
                loan guarantees from funds appropriated to their agency 
                for Title III.
                    (c) Fiscal Agent. Each Federal Reserve Bank is 
                designated and authorized to act, on behalf of any 
                guaranteeing agency, as fiscal agent in the making of 
                guarantee contracts and in otherwise carrying out the 
                purposes of section 301 of the Act.
                    (d) Regulations. The Board of Governors of the 
                Federal Reserve System is authorized, after 
                consultation with heads of guaranteeing departments and 
                agencies, the Secretary of the Treasury, and the 
                Director, OMB, to prescribe regulations governing 
                procedures, forms, rates of interest, and fees for such 
                guarantee contracts.

                Sec. 302. Loans. (a) To expedite production and 
                deliveries or services to aid in carrying out 
                government contracts for the procurement of industrial 
                resources or a critical technology item for the 
                national defense, an agency head is authorized, subject 
                to the provisions of section 302 of the Act, to submit 
                to the Secretary of the Treasury or the President and 
                Chairman of the Export-Import Bank of the United States 
                (in cases involving capacity expansion, technological 
                development, or production in foreign countries) 
                applications for loans.

                    (b) To expedite or expand production and deliveries 
                or services under government contracts for the 
                procurement of industrial resources or critical 
                technology items essential to the national defense, 
                each agency head may make direct loans from funds 
                appropriated to their agency for Title III.
                    (c) After receiving a loan application and 
                determining that financial assistance is not otherwise 
                available on reasonable terms, the Secretary of the 
                Treasury or the President and Chairman of the Export-
                Import Bank of the United States (in cases involving 
                capacity expansion, technological development, or 
                production in foreign countries) may make loans, 
                subject to provisions of section 302 of the Act.

                Sec. 303. Purchase Commitments. (a) In order to carry 
                out the objectives of the Act, and subject to the 
                provisions of section 303 thereof, an agency head is 
                authorized to make provision for purchases of, or 
                commitments to purchase, an industrial resource or a 
                critical technology item for government use or resale.

                    (b) Materials acquired under section 303 of the Act 
                that exceed the needs of the programs under the Act may 
                be transferred to the National Defense Stockpile, if 
                such transfer is determined by the Secretary of Defense 
                as the National Defense Stockpile Manager to be in the 
                public interest.

                Sec. 304. Subsidy Payments. In order to ensure the 
                supply of raw or non-processed materials from high-cost 
                sources, an agency head is authorized to make subsidy 
                payments, after consultation with the Secretary of the 
                Treasury and the Director, OMB, and subject to the 
                provisions of section 303(c) of the Act.

                Sec. 305. Determinations and Findings. When carrying 
                out the authorities in sections 301 through 303 of this 
                order, an agency head is authorized to make the 
                required determinations, judgments, statements, 
                certifications, and findings, in consultation with the 
                Secretary of Defense, Secretary of Energy or Director, 
                FEMA, as appropriate. The agency head shall provide a 
                copy of the determination, judgment, statement, 
                certification, or finding to the Director, OMB, to the 
                Director, FEMA, and, when appropriate, to the Secretary 
                of the Treasury.

                Sec. 306. Strategic and Critical Materials. (a) The 
                Secretary of the Interior, in consultation with the 
                Secretary of Defense as the National Defense Stockpile 
                Manager and subject to the provisions of section 303 of 
                the Act, is authorized to encourage the exploration, 
                development, and mining of critical and strategic 
                materials and other materials.

                    (b) An agency head is authorized, pursuant to 
                section 303(g) of the Act, to make provision for the 
                development of substitutes for strategic and critical 
                materials, critical components, critical technology 
                items, and other industrial resources to aid the 
                national defense.
                    (c) An agency head is authorized, pursuant to 
                section 303(a)(1)(B) of the Act, to make provisions to 
                encourage the exploration, development, and mining of 
                critical and strategic materials and other materials.

                Sec. 307. Government-owned Equipment. An agency head is 
                authorized, pursuant to section 303(e) of the Act, to 
                install additional equipment, facilities, processes, or 
                improvements to facilities owned by the government and 
                to install government-owned equipment in industrial 
                facilities owned by private persons.

                Sec. 308. Identification of Shortfalls. Except during 
                periods of national emergency or after a Presidential 
                determination in accordance with sections 
                301(e)(1)(D)(ii), 302(c)(4)(B), or 303(a)(7)(B) of the 
                Act, no guarantee, loan or other action pursuant to 
                sections 301, 302, and 303 of the Act to correct an 
                industrial shortfall shall be taken unless the 
                shortfall has been identified in the Budget of the 
                United States or amendments thereto.

                Sec. 309. Defense Production Act Fund Manager. The 
                Secretary of Defense is designated the Defense 
                Production Act Fund Manager, in accordance with section 
                304(f) of the Act, and shall carry out the duties 
                specified in that section, in consultation with the 
                agency heads having approved Title III projects and 
                appropriated Title III funds.

                Sec. 310. Critical Items List. (a) Pursuant to section 
                107(b)(1)(A) of the Act, the Secretary of Defense shall 
                identify critical components and critical technology 
                items for each item on the Critical Items List of the 
                Commanders-in-Chief of the Unified and Specified 
                Commands and other items within the inventory of weapon 
                systems and defense equipment.

                    (b) Each agency head shall take appropriate action 
                to ensure that critical components or critical 
                technology items are available from reliable sources 
                when needed to meet defense requirements during 
                peacetime, graduated mobilization, and national 
                emergency. ``Appropriate action'' may include 
                restricting contract solicitations to reliable sources, 
                restricting contract solicitations to domestic sources 
                (pursuant to statutory authority), stockpiling critical 
                components, and developing substitutes for critical 
                components or critical technology items.

                Sec. 311. Strengthening Domestic Capability. An agency 
                head, in accordance with section 107(a) of the Act, may 
                utilize the authority of Title III of the Act or any 
                other provision of law, in consultation with the 
                Secretary of Defense, to provide appropriate incentives 
                to develop, maintain, modernize, and expand the 
                productive capacities of domestic sources for critical 
                components, critical technology items, and industrial 
                resources essential for the execution of the national 
                security strategy of the United States.

                Sec. 312. Modernization of Equipment. An agency head, 
                in accordance with section 108(b) of the Act, may 
                utilize the authority of Title III of the Act to 
                guarantee the purchase or lease of advance 
                manufacturing equipment and any related services with 
                respect to any such equipment for purposes of the Act.

                    PART IV--IMPACT OF OFFSETS

                Sec. 401. Offsets. (a) The responsibilities and 
                authority conferred upon the President by section 309 
                of the Act with respect to offsets are delegated to the 
                Secretary of Commerce, who shall function as the 
                President's Executive Agent for carrying out this 
                authority.

                    (b) The Secretary of Commerce shall prepare the 
                annual report required by section 309(a) of the Act in 
                consultation with the Secretaries of Defense, Treasury, 
                Labor, State, the United States Trade Representative, 
                the Arms Control and Disarmament Agency, the Director 
                of Central Intelligence, and the heads of other 
                departments and agencies as required. The heads of 
                Federal departments and agencies shall provide the 
                Secretary of Commerce with such information as may be 
                necessary for the effective performance of this 
                function.
                    (c) The offset report shall be subject to the 
                normal interagency clearance process conducted by the 
                Director, OMB, prior to the report's submission by the 
                President to Congress.

                    PART V--VOLUNTARY AGREEMENTS AND ADVISORY 
                COMMITTEES

                Sec. 501. Appointments. The authority of the President 
                under sections 708(c) and (d) of the Act is delegated 
                to the heads of each Federal department or agency, 
                except that, insofar as that authority relates to 
                section 101 of the Act, it is delegated only to the 
                heads of each Federal department or agency assigned 
                functions under section 201(a) of this order. The 
                authority delegated under this section shall be 
                exercised pursuant to the provisions of section 708 of 
                the Act, and copies and the status of the use of such 
                delegations shall be furnished to the Director, FEMA.

                Sec. 502. Advisory Committees. The authority of the 
                President under section 708(d) of the Act and delegated 
                in section 501 of this order (relating to establishment 
                of advisory committees) shall be exercised only after 
                consultation with, and in accordance with, guidelines 
                and procedures established by the Administrator of 
                General Services.

                    PART VI--EMPLOYMENT OF PERSONNEL

                Sec. 601. National Defense Executive Reserve. (a) In 
                accordance with section 710(e) of the Act, there is 
                established in the Executive Branch a National Defense 
                Executive Reserve (``NDER'') composed of persons of 
                recognized expertise from various segments of the 
                private sector and from government (except full-time 
                federal employees) for training for employment in 
                executive positions in the Federal Government in the 
                event of an emergency that requires such employment.

                    (b) The head of any department or agency may 
                establish a unit of the NDER in the department or 
                agency and train members of that unit.
                    (c) The head of each department or agency with an 
                NDER unit is authorized to exercise the President's 
                authority to employ civilian personnel in accordance 
                with section 703(a) of the Act when activating all or a 
                part of its NDER unit. The exercise of this authority 
                shall be subject to the provisions of subsections 
                601(d) and (e) of this order and shall not be 
                redelegated.
                    (d) The head of a department or agency may activate 
                an NDER unit, in whole or in part, upon the written 
                determination that an emergency affecting the national 
                security or defense preparedness of the United States 
                exists and that the activation of the unit is necessary 
                to carry out the emergency program functions of the 
                department or agency.
                    (e) At least 72 hours prior to activating the NDER 
                unit, the head of the department or agency shall 
                notify, in writing, the Assistant to the President for 
                National Security Affairs of the impending activation 
                and provide a copy of the determination required under 
                subsection 601(d) of this order.
                    (f) The Director, FEMA, shall coordinate the NDER 
                program activities of departments and agencies in 
                establishing units of the Reserve; provide for 
                appropriate guidance for recruitment, training, and 
                activation; and issue necessary rules and guidance in 
                connection with the program.
                    (g) This order suspends any delegated authority, 
                regulation, or other requirement or condition with 
                respect to the activation of any NDER unit, in whole or 
                in part, or appointment of any NDER member that is 
                inconsistent with the authorities delegated herein, 
                provided that the aforesaid suspension applies only as 
                long as sections 703(a) and 710(e) of the Act are in 
                effect.

                Sec. 602. Consultants. The head of each department or 
                agency assigned functions under this order is delegated 
                authority under sections 710(b) and (c) of the Act to 
                employ persons of outstanding experience and ability 
                without compensation and to employ experts, 
                consultants, or organizations. The authority delegated 
                by this section shall not be redelegated.

                    PART VII--LABOR SUPPLY

                Sec. 701. Secretary of Labor. The Secretary of Labor, 
                identified in this section as the Secretary, shall:

                    (a) Collect, analyze, and maintain data needed to 
                make a continuing appraisal of the nation's labor 
                requirements and the supply of workers for purposes of 
                national defense. All agencies of the government shall 
                cooperate with the Secretary in furnishing information 
                necessary for this purpose, to the extent permitted by 
                law;
                    (b) In response to requests from the head of a 
                Federal department or agency engaged in the procurement 
                for national defense, consult with and advise that 
                department or agency with respect to (1) the effect of 
                contemplated actions on labor supply and utilization, 
                (2) the relation of labor supply to materials and 
                facilities requirements, and (3) such other matters as 
                will assist in making the exercise of priority and 
                allocations functions consistent with effective 
                utilization and distribution of labor;
                    (c) Formulate plans, programs, and policies for 
                meeting defense and essential civilian labor 
                requirements;
                    (d) Project skill shortages to facilitate meeting 
                defense and essential civilian needs and establish 
                training programs;
                    (e) Determine the occupations and skills critical 
                to meeting the labor requirements of defense and 
                essential civilian activities and, with the assistance 
                of the Secretary of Defense, the Director of Selective 
                Service, and such other persons as the Director, FEMA, 
                may designate, develop policies regulating the 
                induction and deferment of personnel for the armed 
                services, except for civilian personnel in the 
                reserves; and
                    (f) Administer an effective labor-management 
                relations policy to support the activities and programs 
                under this order with the cooperation of other Federal 
                agencies, including the National Labor Relations Board 
                and the Federal Mediation and Conciliation Service.

                    PART VIII--DEFENSE INDUSTRIAL BASE INFORMATION AND 
                REPORTS

                Sec. 801. Foreign Acquisition of Companies. The 
                Secretary of the Treasury, in cooperation with the 
                Department of State, the Department of Defense, the 
                Department of Commerce, the Department of Energy, the 
                Department of Agriculture, the Attorney General, and 
                the Director of Central Intelligence, shall complete 
                and furnish a report to the President and then to 
                Congress in accordance with the requirements of section 
                721(k) of the Act concerning foreign efforts to acquire 
                United States companies involved in research, 
                development, or production of critical technologies and 
                industrial espionage activities directed by foreign 
                governments against private U.S. companies.

                Sec. 802. Defense Industrial Base Information System. 
                (a) The Secretary of Defense and the heads of other 
                appropriate Federal departments and agencies, as 
                determined by the Secretary of Defense, shall establish 
                an information system on the domestic defense 
                industrial base in accordance with the requirements of 
                section 722 of the Act.

                    (b) In establishing the information system required 
                by subsection (a) of this order, the Secretary of 
                Defense, the Secretary of Commerce, and the heads of 
                other appropriate Federal departments and agencies, as 
                determined by the Secretary of Defense in consultation 
                with the Secretary of Commerce, shall consult with each 
                other for the purposes of performing the duties listed 
                in section 722(d)(1) of the Act.
                    (c) The Secretary of Defense shall convene a task 
                force consisting of the Secretary of Commerce and the 
                Secretary of each military department and the heads of 
                other appropriate Federal departments and agencies, as 
                determined by the Secretary of Defense in consultation 
                with the Secretary of Commerce, to carry out the duties 
                under section 722(d)(2) of the Act.
                    (d) The Secretary of Defense shall report to 
                Congress on a strategic plan for developing a cost-
                effective, comprehensive information system capable of 
                identifying on a timely, ongoing basis vulnerability in 
                critical components and critical technology items. The 
                plans shall include an assessment of the performance 
                and cost-effectiveness of procedures specified in 
                section 722(b) of the Act.
                    (e) The Secretary of Commerce, acting through the 
                Bureau of the Census, shall consult with the Secretary 
                of Defense and the Director, FEMA, to improve the 
                usefulness of information derived from the Census of 
                Manufacturers in carrying out section 722 of the Act.
                    (f) The Secretary of Defense shall perform an 
                analysis of the production base for not more than two 
                major weapons systems of each military department in 
                establishing the information system under section 722 
                of the Act. Each analysis shall identify the critical 
                components of each system.
                    (g) The Secretary of Defense, in consultation with 
                the Secretary of Commerce, and the heads of other 
                Federal departments and agencies as appropriate, shall 
                issue a biennial report on critical components and 
                technology in accordance with section 722(e) of the 
                Act.

                    PART IX--GENERAL PROVISIONS

                Sec. 901. Definitions. In addition to the definitions 
                in section 702 of the Act, the following definitions 
                apply throughout this order:

                    (a) ``Civil transportation'' includes movement of 
                persons and property by all modes of transportation in 
                interstate, intrastate, or foreign commerce within the 
                United States, its territories and possessions, and the 
                District of Columbia, and, without limitation, related 
                public storage and warehousing, ports, services, 
                equipment and facilities, such as transportation 
                carrier shop and repair facilities. However, ``civil 
                transportation'' shall not include transportation owned 
                or controlled by the Department of Defense, use of 
                petroleum and gas pipelines, and coal slurry pipelines 
                used only to supply energy production facilities 
                directly. As applied herein, ``civil transportation'' 
                shall include direction, control, and coordination of 
                civil transportation capacity regardless of ownership.
                    (b) ``Energy'' means all forms of energy including 
                petroleum, gas (both natural and manufactured), 
                electricity, solid fuels (including all forms of coal, 
                coke, coal chemicals, coal liquification, and coal 
                gasification), and atomic energy, and the production, 
                conservation, use, control, and distribution (including 
                pipelines) of all of these forms of energy.
                    (c) ``Farm equipment'' means equipment, machinery, 
                and repair parts manufactured for use on farms in 
                connection with the production or preparation for 
                market use of food resources.
                    (d) ``Fertilizer'' means any product or combination 
                of products that contain one or more of the elements--
                nitrogen, phosphorus, and potassium--for use as a plant 
                nutrient.
                    (e) ``Food resources'' means all commodities and 
                products, simple, mixed, or compound, or complements to 
                such commodities or products, that are capable of being 
                ingested by either human beings or animals, 
                irrespective of other uses to which such commodities or 
                products may be put, at all stages of processing from 
                the raw commodity to the products thereof in vendible 
                form for human or animal consumption. ``Food 
                resources'' also means all starches, sugars, vegetable 
                and animal or marine fats and oils, cotton, tobacco, 
                wool, mohair, hemp, flax fiber, and naval stores, but 
                does not mean any such material after it loses its 
                identity as an agricultural commodity or agricultural 
                product.
                    (f) ``Food resource facilities'' means plants, 
                machinery, vehicles (including on-farm), and other 
                facilities required for the production, processing, 
                distribution, and storage (including cold storage) of 
                food resources, livestock and poultry feed and seed, 
                and for the domestic distribution of farm equipment and 
                fertilizer (excluding transportation thereof).
                    (g) ``Functions'' include powers, duties, 
                authority, responsibilities, and discretion.
                    (h) ``Head of each Federal department or agency 
                engaged in procurement for the national defense'' means 
                the heads of the Departments of Defense, Energy, and 
                Commerce, as well as those departments and agencies 
                listed in Executive Order No. 10789.
                    (i) ``Heads of other appropriate Federal 
                departments and agencies'' as used in part VIII of this 
                order means the heads of such other Federal agencies 
                and departments that acquire information or need 
                information with respect to making any determination to 
                exercise any authority under the Act.
                    (j) ``Health resources'' means materials, 
                facilities, health supplies, and equipment (including 
                pharmaceutical, blood collecting and dispensing 
                supplies, biological, surgical textiles, and emergency 
                surgical instruments and supplies) required to prevent 
                the impairment of, improve, or restore the physical and 
                mental health conditions of the population.
                    (k) ``Metals and minerals'' means all raw materials 
                of mineral origin (excluding energy) including their 
                refining, smelting, or processing, but excluding their 
                fabrication.
                    (l) ``Strategic and Critical Materials'' means 
                materials (including energy) that (1) would be needed 
                to supply the military, industrial, and essential 
                civilian needs of the United States during a national 
                security emergency, and (2) are not found or produced 
                in the United States in sufficient quantities to meet 
                such need and are vulnerable to the termination or 
                reduction of the availability of the material.
                    (m) ``Water resources'' means all usable water, 
                from all sources, within the jurisdiction of the United 
                States, which can be managed, controlled, and allocated 
                to meet emergency requirements.

                Sec. 902. General. (a) Except as otherwise provided in 
                subsection 902(c) of this order, the authorities vested 
                in the President by title VII of the Act may be 
                exercised and performed by the head of each department 
                and agency in carrying out the delegated authorities 
                under the Act and this order.

                    (b) The authorities which may be exercised and 
                performed pursuant to subsection 902(a) of this order 
                shall include (1) the power to redelegate authorities, 
                and to authorize the successive redelegation of 
                authorities, to departments and agencies, officers, and 
                employees of the government, and (2) the power of 
                subpoena with respect to authorities delegated in parts 
                II, III, and IV of this order, provided that the 
                subpoena power shall be utilized only after the scope 
                and purpose of the investigation, inspection, or 
                inquiry to which the subpoena relates have been defined 
                either by the appropriate officer identified in 
                subsection 902(a) of this order or by such other person 
                or persons as the officer shall designate.
                    (c) Excluded from the authorities delegated by 
                subsection 902(a) of this order are authorities 
                delegated by parts V, VI, and VIII of this order and 
                the authority with respect to fixing compensation under 
                section 703(a) of the Act.

                Sec. 903. Authority. All previously issued orders, 
                regulations, rulings, certificates, directives, and 
                other actions relating to any function affected by this 
                order shall remain in effect except as they are 
                inconsistent with this order or are subsequently 
                amended or revoked under proper authority. Nothing in 
                this order shall affect the validity or force of 
                anything done under previous delegations or other 
                assignment of authority under the Act.

                Sec. 904. Effect on other Orders. (a) The following are 
                superseded or revoked:

                (1) Section 3, Executive Order No. 8248 of September 8, 
                1939, (4 FR 3864).

                (2) Executive Order No. 10222 of March 8, 1951 (16 FR 
                2247).

                (3) Executive Order No. 10480 of August 14, 1953 (18 FR 
                4939).

                (4) Executive Order No. 10647 of November 28, 1955 (20 
                FR 8769).

                (5) Executive Order No. 11179 of September 22, 1964 (29 
                FR 13239).

                (6) Executive Order No. 11355 of May 26, 1967 (32 FR 
                7803).

                (7) Sections 7 and 8, Executive Order No. 11912 of 
                April 13, 1976 (41 FR 15825, 15826-27).

                (8) Section 3, Executive Order No. 12148 of July 20, 
                1979 (44 FR 43239, 43241).

                (9) Executive Order No. 12521 of June 24, 1985 (50 FR 
                26335).

                (10) Executive Order No. 12649 of August 11, 1988 (53 
                FR 30639).


                (11) Executive Order No. 12773 of September 26, 1991 
                (56 FR 49387), except that part of the order that 
                amends section 604 of Executive Order 10480.

                    (b) Executive Order No. 10789 of November 14, 1958, 
                is amended by deleting ``and in view of the existing 
                national emergency declared by Proclamation No. 2914 of 
                December 16, 1950,'' as it appears in the first 
                sentence.
                    (c) Executive Order No. 11790, as amended, relating 
                to the Federal Energy Administration Act of 1974, is 
                amended by deleting ``Executive Order No. 10480'' where 
                it appears in section 4 and substituting this order's 
                number.
                    (d) Subject to subsection 904(c) of this order, to 
                the extent that any provision of any prior Executive 
                order is inconsistent with the provisions of this 
                order, this order shall control and such prior 
                provision is amended accordingly.

                Sec. 905. Judicial Review. This order is not intended 
                to create any right or benefit, substantive or 
                procedural, enforceable at law by a party against the 
                United States, its agencies, its officers, or any 
                person.

                    (Presidential Sig.)>


                THE WHITE HOUSE,

                    June 3, 1994.

[FR Doc. 94-14027
Filed 6-6-94; 10:45 am]
Billing code 3195-01-P


Citation:
Amends: EO 10789, November 14, 1958; EO 11790, June 25, 1974;; ; Amended by: EO 13286, February 28, 2003;; ; Revoked in part by: EO 13456, January 23, 2008;; ; Supersedes or Revokes: EO 8248, September 8, 1939 (in part); EO 10222, March 8, 195
 

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