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- MOST IMPORTANT ALERT EVER!!!!!!!!
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-
- ALERT -- THE WAR IS ON -- THIS IS *IT* -- CLINTON HAS CONSOLIDATED THE
- "POLICE STATE" EXECUTIVE ORDERS AND DELEGATED THE AUTHORITY TO THE HEADS
- OF THE VARIOUS DEPARTMENTS AND RE-DECLARED NATIONAL EMERGENCY STATE --
- LOOK AT THE AUTHORITY DELEGATED AND THEN AT THE "DEFINITIONS" SECTIONS.
- He has also given NDERS the authority they previously did not have
- (remember prior post on this, see FINCEN.ZIP file), they now have it.
- This was obtained from the Whitehouse Forum on Compuserve and is as
- genuine as it gets. This is not a hoax.
-
- Linda Thompson
- American Justice Federation
- AEN News
-
- THE WHITE HOUSE
- Office of the Press Secretary
- ________________________________________________________________________
- For Immediate Release June 6, 1994
- EXECUTIVE ORDER
- - - - - - - -
- 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;
- 2
-
- (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;
-
- 3
-
- (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.
-
- 4
-
- 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.
- 5
-
- (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.
- 6
-
- 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.
- 7
-
- (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.
- 8
-
- (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,
- 9
-
- 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.
- 10
-
- (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
- 11
-
- 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.
- 12
-
- (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.
- 13
-
- (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.
-
-