[Executive Orders]
The White House
Office of the Press Secretary
_____________________________________________________________
For Immediate Release June 6, 1994
Executive Order
#12919
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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 strengthenthis
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;
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(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 plansand
programs incident to authorities and functions delegated under
this order, and provide guidance and procedures approved bythe
Assistant to the President for National Security Affairs tothe
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;
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(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 Commerceshall
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.
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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 301of 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 headsof
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 forthe
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.
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(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 theAct.
Sec. 305. Determinations and Findings. When carryingout
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 section303(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.
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Sec. 307. Government-owned Equipment. An agency headis
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 inventoryof
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, andexpand
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.
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(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 headsof
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 tothe
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 theAct
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.
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(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 ofthe
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 longas
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,
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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 requirementsof
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 Congresson
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 andthe
Director, Fema, to improve the usefulness of information derived
from the Census of Manufacturers in carrying out section 722 of
the Act.
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(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 identifythe
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 requiredfor
the production, processing, distribution, and storage (including
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cold storage) of food resources, livestock and poultry feedand
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.
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(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 authorityunder
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 FR2247).
(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.
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(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.
William J. Clinton
The White House,
June 3, 1994.
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