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