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National Defense Industrial Resources Preparedness



                                  The White House 

                           Office of the Press Secretary 

         _____________________________________________________________ 

         For Immediate Release                              June 6, 1994 



                                  Executive Order 
                                      #12919 
                                   - - - - - - - 

                 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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