[Weekly Compilation of Presidential Documents Volume 30, Number 23 (Monday, June 13, 1994)]
[Pages 1228-1236]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12919--National Defense Industrial Resources 
Preparedness

June 3, 1994

    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.

[[Page 1229]]

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

[[Page 1230]]

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

[[Page 1231]]

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 re- 

[[Page 1232]]

spect 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

[[Page 1233]]

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

[[Page 1234]]

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 Com- 

[[Page 1235]]

merce, 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.

[[Page 1236]]

    (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.
                                            William J. Clinton
The White House,
June 3, 1994.

[Filed with the Office of the Federal Register, 10:45 a.m., June 6, 
1994]

Note: This Executive order was released by the Office of the Press 
Secretary on June 6, and it was published in the Federal Register on 
June 7.