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LEGI-SLATE Report for the 103rd Congress     Wed, October 5, 1994  7:34pm (EDT)
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06/07/94  [L-S document 493261, 59 FR 29525, 651 lines]


  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]

  THE WHITE HOUSE,
  June 3, 1994.

  [FR Doc. 94-14027
  Filed 6-6-94; 10:45 am]

  Billing code 3195-01-P



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