Vol. 59 No. 108 Tuesday, June 7, 1994  p 29523 (Exec Order)             1/716   

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. 

  <signature of President>




THE WHITE HOUSE, 

June 3, 1994.

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



The Contents entry for this article reads as follows:

Defense Industrial Resources Preparedness, National (EO 12919), 29523


