CYBER.XPO.95/CYBER.XPO.95 (Arsenal Computer).ISO/arsenal2/survival/eo061094.txt

Text File | 1994-06-09 | 38KB | 725 lines

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                 MOST IMPORTANT ALERT EVER!!!!!!!!

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ALERT  -- THE WAR IS ON -- THIS IS *IT* -- CLINTON HAS CONSOLIDATED THE
"POLICE STATE" EXECUTIVE ORDERS AND DELEGATED THE AUTHORITY TO THE HEADS
OF THE VARIOUS DEPARTMENTS AND RE-DECLARED NATIONAL EMERGENCY STATE --
LOOK AT THE AUTHORITY DELEGATED AND THEN AT THE "DEFINITIONS" SECTIONS.
He has also given NDERS the authority they previously did not have
(remember prior post on this, see FINCEN.ZIP file), they now have it.
This was obtained from the Whitehouse Forum on Compuserve and is as
genuine as it gets.  This is not a hoax.

Linda Thompson
American Justice Federation
AEN News

                            THE WHITE HOUSE
                     Office of the Press Secretary
________________________________________________________________________
For Immediate Release                                       June 6, 1994
                            EXECUTIVE ORDER
                             - - - - - - -
           NATIONAL DEFENSE INDUSTRIAL RESOURCES PREPAREDNESS

     By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the Defense
Production Act of 1950, as amended (64 Stat. 798; 50 U.S.C. App. 2061,
et seq.), and section 301 of title 3, United States Code, and as
Commander in Chief of the Armed Forces of the United States, it is
hereby ordered as follows:

     PART I - PURPOSE, POLICY AND IMPLEMENTATION

     Section 101.   Purpose.  This order delegates authorities and
addresses national defense industrial resource policies and programs
under the Defense Production Act of 1950, as amended ("the Act"), except
for the amendments to Title III of the Act in the Energy Security Act of
1980 and telecommunication authorities under Executive Order No. 12472.

     Sec. 102.  Policy.  The United States must have an industrial and
technology base capable of meeting national defense requirements, and
capable of contributing to the technological superiority of its defense
equipment in peacetime and in times of national emergency.  The domestic
industrial and technological base is the foundation for national defense
preparedness.  The authorities provided in the Act shall be used to
strengthen this base and to ensure it is capable of responding to all
threats to the national security of the United States.

     Sec. 103.  General Functions.  Federal departments and agencies
responsible for defense acquisition (or for industrial resources needed
to support defense acquisition) shall:

     (a) Identify requirements for the full spectrum of national
security emergencies, including military, industrial, and essential
civilian demand;

     (b) Assess continually the capability of the domestic industrial
and technological base to satisfy requirements in peacetime and times of
national emergency, specifically evaluating the availability of adequate
industrial resource and production sources, including subcontractors and
suppliers, materials, skilled labor, and professional and technical
personnel;

     (c) Be prepared, in the event of a potential threat to the security
of the United States, to take actions necessary to ensure the
availability of adequate industrial resources and production capability,
including services and critical technology for national defense
requirements;
                            2

     (d) Improve the efficiency and responsiveness, to defense
requirements, of the domestic industrial base; and

     (e) Foster cooperation between the defense and commercial sectors
for research and development and for acquisition of materials,
components, and equipment to enhance industrial base efficiency and
responsiveness.

     Sec. 104.  Implementation.    (a) The National Security Council is
the principal forum for consideration and resolution of national
security resource preparedness policy.

     (b) The Director, Federal Emergency Management Agency ("Director,
FEMA") shall:

     (1) Serve as an advisor to the National Security Council on issues
of national security resource preparedness and on the use of the
authorities and functions delegated by this order;

     (2) Provide for the central coordination of the plans and programs
incident to authorities and functions delegated under this order, and
provide guidance and procedures approved by the Assistant to the
President for National Security Affairs to the Federal departments and
agencies under this order;

     (3) Establish procedures, in consultation with Federal departments
and agencies assigned functions under this order, to resolve in a timely
and effective manner conflicts and issues that may arise in implementing
the authorities and functions delegated under this order; and

     (4) Report to the President periodically concerning all program
activities conducted pursuant to this order.

     (c) The head of every Federal department and agency assigned
functions under this order shall ensure that the performance of these
functions is consistent with National Security Council policy and
guidelines.

         PART II - PRIORITIES AND ALLOCATIONS

     Sec. 201.  Delegations of Priorities and Allocations.

(a) The authority of the President conferred by section 101 of the Act
to require acceptance and priority performance of contracts or orders
(other than contracts of employment) to promote the national defense
over performance of any other contracts or orders, and to allocate
materials, services, and facilities as deemed necessary or appropriate
to promote the national defense, is delegated to the following agency
heads:

     (1) The Secretary of Agriculture with respect to food resources,
food resource facilities, and the domestic distribution of farm
equipment and commercial fertilizer;

     (2) The Secretary of Energy with respect to all forms of energy;

     (3) The Secretary of Health and Human Services with respect to
health resources;

     (4) The Secretary of Transportation with respect to all forms of
civil transportation;

                            3

     (5) The Secretary of Defense with respect to water resources; and

     (6) The Secretary of Commerce for all other materials, services,
and facilities, including construction materials.

     (b) The Secretary of Commerce, in consultation with the heads of
those departments and agencies specified in subsection 201(a) of this
order, shall administer the Defense Priorities and Allocations System
("DPAS") regulations that will be used to implement the authority of the
President conferred by section 101 of the Act as delegated to the
Secretary of Commerce in subsection 201(a)(6) of this order.  The
Secretary of Commerce will redelegate to the Secretary of Defense, and
the heads of other departments and agencies as appropriate, authority
for the priority rating of contracts and orders for all materials,
services, and facilities needed in support of programs approved under
section 202 of this order.  The Secretary of Commerce shall act as
appropriate upon Special Priorities Assistance requests in a time frame
consistent with the urgency of the need at hand.

     (c) The Director, FEMA, shall attempt to resolve issues or
disagreements on priorities or allocations between Federal departments
or agencies in a time frame consistent with the urgency of the issue at
hand and, if not resolved, such issues will be referred to the Assistant
to the President for National Security Affairs for final determination.

     (d) The head of each Federal department or agency assigned
functions under subsection 201(a) of this order, when necessary, shall
make the finding required under subsection 101(b) of the Act.  This
finding shall be submitted for the President's approval through the
Assistant to the President for National Security Affairs.  Upon such
approval the head of the Federal department or agency that made the
finding may use the authority of subsection 101(a) of the Act to control
the general distribution of any material (including applicable services)
in the civilian market.

     (e) The Assistant to the President for National Security Affairs is
hereby delegated the authority under subsection 101(c)(3) of the Act,
and will be assisted by the Director, FEMA, in ensuring the coordinated
administration of the Act.

     Sec. 202.  Determinations.  The authority delegated by section 201
of this order may be used only to support programs that have been
determined in writing as necessary or appropriate to promote the
national defense:

     (a) By the Secretary of Defense with respect to military production
and construction, military assistance to foreign nations, stockpiling,
outer space, and directly related activities;

     (b) By the Secretary of Energy with respect to energy production
and construction, distribution and use, and directly related activities;
and

     (c) By the Director, FEMA, with respect to essential civilian needs
supporting national defense, including civil defense and continuity of
government and directly related activities.

                            4

     Sec. 203.   Maximizing Domestic Energy Supplies.  The authority of
the President to perform the functions provided by subsection 101(c) of
the Act is delegated to the Secretary of Commerce, who shall redelegate
to the Secretary of Energy the authority to make the findings described
in subsection 101(c)(2)(A) that the materials (including equipment),
services, and facilities are critical and essential.  The Secretary of
Commerce shall make the finding described in subsection 101(c)(2)(A) of
the Act that the materials (including equipment), services, or
facilities are scarce, and the finding described in subsection
101(c)(2)(B) that it is necessary to use the authority provided by
subsection 101(c)(1).

     Sec. 204.  Chemical and Biological Warfare.  The authority of the
President conferred by subsection 104(b) of the Act is delegated to the
Secretary of Defense.  This authority may not be further delegated by
the Secretary.

PART III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

     Sec. 301.  (a) Financing Institution Guarantees.  To expedite or
expand production and deliveries or services under government contracts
for the procurement of industrial resources or critical technology items
essential to the national defense, the head of each Federal department
or agency engaged in procurement for the national defense (referred to
as "agency head" in this part) and the President and Chairman of the
Export-Import Bank of the United States (in cases involving capacity
expansion, technological development, or production in foreign
countries) are authorized to guarantee in whole or in part any public or
private financing institution, subject to provisions of section 301 of
the Act.  Guarantees shall be made in consultation with the Department
of the Treasury as to the terms and conditions thereof.  The Director of
the Office of Management and Budget ("OMB") shall be informed when such
guarantees are to be made.

     (b) Direct Loan Guarantees.  To expedite or expand production and
deliveries or services under government contracts for the procurement of
industrial resources or critical technology items essential to the
national defense, each agency head is authorized to make direct loan
guarantees from funds appropriated to their agency for Title III.

     (c) Fiscal Agent.  Each Federal Reserve Bank is designated and
authorized to act, on behalf of any guaranteeing agency, as fiscal agent
in the making of guarantee contracts and in otherwise carrying out the
purposes of section 301 of the Act.

     (d) Regulations.  The Board of Governors of the Federal Reserve
System is authorized, after consultation with heads of guaranteeing
departments and agencies, the Secretary of the Treasury, and the
Director, OMB, to prescribe regulations governing procedures, forms,
rates of interest, and fees for such guarantee contracts.

     Sec. 302.  Loans.  (a) To expedite production and deliveries or
services to aid in carrying out government contracts for the procurement
of industrial resources or a critical technology item for the national
defense, an agency head is authorized, subject to the provisions of
section 302 of the Act, to submit to the Secretary of the Treasury or
the President and Chairman of the Export- Import Bank of the United
States (in cases involving capacity expansion, technological
development, or production in foreign countries) applications for loans.
                            5

     (b) To expedite or expand production and deliveries or services
under government contracts for the procurement of industrial resources
or critical technology items essential to the national defense, each
agency head may make direct loans from funds appropriated to their
agency for Title III.

     (c) After receiving a loan application and determining that
financial assistance is not otherwise available on reasonable terms, the
Secretary of the Treasury or the President and Chairman of the
Export-Import Bank of the United States (in cases involving capacity
expansion, technological development, or production in foreign
countries) may make loans, subject to provisions of section 302 of the
Act.

     Sec. 303.  Purchase Commitments.  (a) In order to carry out the
objectives of the Act, and subject to the provisions of section 303
thereof, an agency head is authorized to make provision for purchases
of, or commitments to purchase, an industrial resource or a critical
technology item for government use or resale.

     (b) Materials acquired under section 303 of the Act that exceed the
needs of the programs under the Act may be transferred to the National
Defense Stockpile, if such transfer is determined by the Secretary of
Defense as the National Defense Stockpile Manager to be in the public
interest.

     Sec. 304.  Subsidy Payments.  In order to ensure the supply of raw
or non-processed materials from high-cost sources, an agency head is
authorized to make subsidy payments, after consultation with the
Secretary of the Treasury and the Director, OMB, and subject to the
provisions of section 303(c) of the Act.

     Sec. 305.  Determinations and Findings.  When carrying out the
authorities in sections 301 through 303 of this order, an agency head is
authorized to make the required determinations, judgments, statements,
certifications, and findings, in consultation with the Secretary of
Defense, Secretary of Energy or Director, FEMA, as appropriate.  The
agency head shall provide a copy of the determination, judgment,
statement, certification, or finding to the Director, OMB, to the
Director, FEMA, and, when appropriate, to the Secretary of the Treasury.

     Sec. 306.  Strategic and Critical Materials.  (a) The Secretary of
the Interior, in consultation with the Secretary of Defense as the
National Defense Stockpile Manager and subject to the provisions of
section 303 of the Act, is authorized to encourage the exploration,
development, and mining of critical and strategic materials and other
materials.

     (b) An agency head is authorized, pursuant to section 303(g) of the
Act, to make provision for the development of substitutes for strategic
and critical materials, critical components, critical technology items,
and other industrial resources to aid the national defense.

     (c) An agency head is authorized, pursuant to section 303(a)(1)(B)
of the Act, to make provisions to encourage the exploration,
development, and mining of critical and strategic materials and other
materials.
                            6

     Sec. 307.  Government-owned Equipment.  An agency head is
authorized, pursuant to section 303(e) of the Act, to install additional
equipment, facilities, processes, or improvements to facilities owned by
the government and to install government-owned equipment in industrial
facilities owned by private persons.

     Sec. 308.  Identification of Shortfalls.  Except during periods of
national emergency or after a Presidential determination in accordance
with sections 301(e)(1)(D)(ii), 302(c)(4)(B), or 303(a)(7)(B) of the
Act, no guarantee, loan or other action pursuant to sections 301, 302,
and 303 of the Act to correct an industrial shortfall shall be taken
unless the shortfall has been identified in the Budget of the United
States or amendments thereto.

     Sec. 309.  Defense Production Act Fund Manager.  The Secretary of
Defense is designated the Defense Production Act Fund Manager, in
accordance with section 304(f) of the Act, and shall carry out the
duties specified in that section, in consultation with the agency heads
having approved Title III projects and appropriated Title III funds.

     Sec. 310.  Critical Items List.  (a) Pursuant to section
107(b)(1)(A) of the Act, the Secretary of Defense shall identify
critical components and critical technology items for each item on the
Critical Items List of the Commanders-in-Chief of the Unified and
Specified Commands and other items within the inventory of weapon
systems and defense equipment.

     (b) Each agency head shall take appropriate action to ensure that
critical components or critical technology items are available from
reliable sources when needed to meet defense requirements during
peacetime, graduated mobilization, and national emergency.  "Appropriate
action" may include restricting contract solicitations to reliable
sources, restricting contract solicitations to domestic sources
(pursuant to statutory authority), stockpiling critical components, and
developing substitutes for critical components or critical technology
items.

     Sec. 311.  Strengthening Domestic Capability.  An agency head, in
accordance with section 107(a) of the Act, may utilize the authority of
Title III of the Act or any other provision of law, in consultation with
the Secretary of Defense, to provide appropriate incentives to develop,
maintain, modernize, and expand the productive capacities of domestic
sources for critical components, critical technology items, and
industrial resources essential for the execution of the national
security strategy of the United States.

     Sec. 312.  Modernization of Equipment.  An agency head, in
accordance with section 108(b) of the Act, may utilize the authority of
Title III of the Act to guarantee the purchase or lease of advance
manufacturing equipment and any related services with respect to any
such equipment for purposes of the Act.

             PART IV - IMPACT OF OFFSETS

     Sec. 401.  Offsets. (a) The responsibilities and authority
conferred upon the President by section 309 of the Act with respect to
offsets are delegated to the Secretary of Commerce, who shall function
as the President's Executive Agent for carrying out this authority.
                            7

     (b) The Secretary of Commerce shall prepare the annual report
required by section 309(a) of the Act in consultation with the
Secretaries of Defense, Treasury, Labor, State, the United States Trade
Representative, the Arms Control and Disarmament Agency, the Director of
Central Intelligence, and the heads of other departments and agencies as
required.  The heads of Federal departments and agencies shall provide
the Secretary of Commerce with such information as may be necessary for
the effective performance of this function.

     (c) The offset report shall be subject to the normal interagency
clearance process conducted by the Director, OMB, prior to the report's
submission by the President to Congress.

PART V - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES

     Sec. 501.  Appointments.   The authority of the President under
sections 708(c) and (d) of the Act is delegated to the heads of each
Federal department or agency, except that, insofar as that authority
relates to section 101 of the Act, it is delegated only to the heads of
each Federal department or agency assigned functions under section
201(a) of this order.  The authority delegated under this section shall
be exercised pursuant to the provisions of section 708 of the Act, and
copies and the status of the use of such delegations shall be furnished
to the Director, FEMA.

     Sec. 502.  Advisory Committees.  The authority of the President
under section 708(d) of the Act and delegated in section 501 of this
order (relating to establishment of advisory committees) shall be
exercised only after consultation with, and in accordance with,
guidelines and procedures established by the Administrator of General
Services.

          PART VI - EMPLOYMENT OF PERSONNEL

     Sec. 601.  National Defense Executive Reserve.  (a) In accordance
with section 710(e) of the Act, there is established in the Executive
Branch a National Defense Executive Reserve ("NDER") composed of persons
of recognized expertise from various segments of the private sector and
from government (except full-time federal employees) for training for
employment in executive positions in the Federal Government in the event
of an emergency that requires such employment.

     (b) The head of any department or agency may establish a unit of
the NDER in the department or agency and train members of that unit.

     (c) The head of each department or agency with an NDER unit is
authorized to exercise the President's authority to employ civilian
personnel in accordance with section 703(a) of the Act when activating
all or a part of its NDER unit.  The exercise of this authority shall be
subject to the provisions of subsections 601(d) and (e) of this order
and shall not be redelegated.

     (d) The head of a department or agency may activate an NDER unit,
in whole or in part, upon the written determination that an emergency
affecting the national security or defense preparedness of the United
States exists and that the activation of the unit is necessary to carry
out the emergency program functions of the department or agency.
                            8

     (e) At least 72 hours prior to activating the NDER unit, the head
of the department or agency shall notify, in writing, the Assistant to
the President for National Security Affairs of the impending activation
and provide a copy of the determination required under subsection 601(d)
of this order.

     (f) The Director, FEMA, shall coordinate the NDER program
activities of departments and agencies in establishing units of the
Reserve; provide for appropriate guidance for recruitment, training, and
activation; and issue necessary rules and guidance in connection with
the program.

     (g) This order suspends any delegated authority, regulation, or
other requirement or condition with respect to the activation of any
NDER unit, in whole or in part, or appointment of any NDER member that
is inconsistent with the authorities delegated herein, provided that the
aforesaid suspension applies only as long as sections 703(a) and 710(e)
of the Act are in effect.

     Sec. 602.  Consultants.  The head of each department or agency
assigned functions under this order is delegated authority under
sections 710(b) and (c) of the Act to employ persons of outstanding
experience and ability without compensation and to employ experts,
consultants, or organizations.  The authority delegated by this section
shall not be redelegated.

              PART VII - LABOR SUPPLY

     Sec. 701.  Secretary of Labor.  The Secretary of Labor, identified
in this section as the Secretary, shall:

     (a) Collect, analyze, and maintain data needed to make a continuing
appraisal of the nation's labor requirements and the supply of workers
for purposes of national defense.  All agencies of the government shall
cooperate with the Secretary in furnishing information necessary for
this purpose, to the extent permitted by law;

     (b) In response to requests from the head of a Federal department
or agency engaged in the procurement for national defense, consult with
and advise that department or agency with respect to (1) the effect of
contemplated actions on labor supply and utilization, (2) the relation
of labor supply to materials and facilities requirements, and (3) such
other matters as will assist in making the exercise of priority and
allocations functions consistent with effective utilization and
distribution of labor;

     (c) Formulate plans, programs, and policies for meeting defense and
essential civilian labor requirements;

     (d) Project skill shortages to facilitate meeting defense and
essential civilian needs and establish training programs;

     (e) Determine the occupations and skills critical to meeting the
labor requirements of defense and essential civilian activities and,
with the assistance of the Secretary of Defense,
                            9

the Director of Selective Service, and such other persons as the
Director, FEMA, may designate, develop policies regulating the
induction and deferment of personnel for the armed services, except for
civilian personnel in the reserves; and

     (f) Administer an effective labor-management relations policy to
support the activities and programs under this order with the
cooperation of other Federal agencies, including the National Labor
Relations Board and the Federal Mediation and Conciliation Service.

PART VIII - DEFENSE INDUSTRIAL BASE INFORMATION AND REPORTS

     Sec. 801.  Foreign Acquisition of Companies.  The Secretary of the
Treasury, in cooperation with the Department of State, the Department of
Defense, the Department of Commerce, the Department of Energy, the
Department of Agriculture, the Attorney General, and the Director of
Central Intelligence, shall complete and furnish a report to the
President and then to Congress in accordance with the requirements of
section 721(k) of the Act concerning foreign efforts to acquire United
States companies involved in research, development, or production of
critical technologies and industrial espionage activities directed by
foreign governments against private U.S.  companies.

     Sec. 802.  Defense Industrial Base Information System.  (a) The
Secretary of Defense and the heads of other appropriate Federal
departments and agencies, as determined by the Secretary of Defense,
shall establish an information system on the domestic defense industrial
base in accordance with the requirements of section 722 of the Act.

     (b) In establishing the information system required by subsection
(a) of this order, the Secretary of Defense, the Secretary of Commerce,
and the heads of other appropriate Federal departments and agencies, as
determined by the Secretary of Defense in consultation with the
Secretary of Commerce, shall consult with each other for the purposes of
performing the duties listed in section 722(d)(1) of the Act.

     (c) The Secretary of Defense shall convene a task force consisting
of the Secretary of Commerce and the Secretary of each military
department and the heads of other appropriate Federal departments and
agencies, as determined by the Secretary of Defense in consultation with
the Secretary of Commerce, to carry out the duties under section
722(d)(2) of the Act.

     (d) The Secretary of Defense shall report to Congress on a
strategic plan for developing a cost- effective, comprehensive
information system capable of identifying on a timely, ongoing basis
vulnerability in critical components and critical technology items.  The
plans shall include an assessment of the performance and
cost-effectiveness of procedures specified in section 722(b) of the Act.

     (e) The Secretary of Commerce, acting through the Bureau of the
Census, shall consult with the Secretary of Defense and the Director,
FEMA, to improve the usefulness of information derived from the Census
of Manufacturers in carrying out section 722 of the Act.
                            10

     (f) The Secretary of Defense shall perform an analysis of the
production base for not more than two major weapons systems of each
military department in establishing the information system under section
722 of the Act.  Each analysis shall identify the critical components of
each system.

     (g) The Secretary of Defense, in consultation with the Secretary of
Commerce, and the heads of other Federal departments and agencies as
appropriate, shall issue a biennial report on critical components and
technology in accordance with section 722(e) of the Act.

             PART IX - GENERAL PROVISIONS

     Sec. 901.  Definitions.   In addition to the definitions in section
702 of the Act, the following definitions apply throughout this order:

     (a) "Civil transportation" includes movement of persons and
property by all modes of transportation in interstate, intrastate, or
foreign commerce within the United States, its territories and
possessions, and the District of Columbia, and, without limitation,
related public storage and warehousing, ports, services, equipment and
facilities, such as transportation carrier shop and repair facilities.
However, "civil transportation" shall not include transportation owned
or controlled by the Department of Defense, use of petroleum and gas
pipelines, and coal slurry pipelines used only to supply energy
production facilities directly.  As applied herein, "civil
transportation" shall include direction, control, and coordination of
civil transportation capacity regardless of ownership.

     (b) "Energy" means all forms of energy including petroleum, gas
(both natural and manufactured), electricity, solid fuels (including all
forms of coal, coke, coal chemicals, coal liquification, and coal
gasification), and atomic energy, and the production, conservation, use,
control, and distribution (including pipelines) of all of these forms of
energy.

     (c) "Farm equipment" means equipment, machinery, and repair parts
manufactured for use on farms in connection with the production or
preparation for market use of food resources.

     (d) "Fertilizer" means any product or combination of products that
contain one or more of the elements -- nitrogen, phosphorus, and
potassium - - for use as a plant nutrient.

     (e) "Food resources" means all commodities and products, simple,
mixed, or compound, or complements to such commodities or products, that
are capable of being ingested by either human beings or animals,
irrespective of other uses to which such commodities or products may be
put, at all stages of processing from the raw commodity to the products
thereof in vendible form for human or animal consumption.  "Food
resources" also means all starches, sugars, vegetable and animal or
marine fats and oils, cotton, tobacco, wool, mohair, hemp, flax fiber,
and naval stores, but does not mean any such material after it loses its
identity as an agricultural commodity or agricultural product.

     (f) "Food resource facilities" means plants, machinery, vehicles
(including on-farm), and other facilities required for the production,
processing, distribution, and storage (including
                            11

cold storage) of food resources, livestock and poultry feed and seed,
and for the domestic distribution of farm equipment and fertilizer
(excluding transportation thereof).

     (g) "Functions" include powers, duties, authority,
responsibilities, and discretion.

     (h) "Head of each Federal department or agency engaged in
procurement for the national defense" means the heads of the Departments
of Defense, Energy, and Commerce, as well as those departments and
agencies listed in Executive Order No. 10789.

     (i) "Heads of other appropriate Federal departments and agencies"
as used in part VIII of this order means the heads of such other Federal
agencies and departments that acquire information or need information
with respect to making any determination to exercise any authority under
the Act.

     (j) "Health resources" means materials, facilities, health
supplies, and equipment (including pharmaceutical, blood collecting and
dispensing supplies, biological, surgical textiles, and emergency
surgical instruments and supplies) required to prevent the impairment
of, improve, or restore the physical and mental health conditions of the
population.

     (k) "Metals and minerals" means all raw materials of mineral origin
(excluding energy) including their refining, smelting, or processing,
but excluding their fabrication.

     (l) "Strategic and Critical Materials" means materials (including
energy) that (1) would be needed to supply the military, industrial, and
essential civilian needs of the United States during a national security
emergency, and (2) are not found or produced in the United States in
sufficient quantities to meet such need and are vulnerable to the
termination or reduction of the availability of the material.

     (m) "Water resources" means all usable water, from all sources,
within the jurisdiction of the United States, which can be managed,
controlled, and allocated to meet emergency requirements.

     Sec. 902.  General.  (a) Except as otherwise provided in subsection
902(c) of this order, the authorities vested in the President by title
VII of the Act may be exercised and performed by the head of each
department and agency in carrying out the delegated authorities under
the Act and this order.

     (b) The authorities which may be exercised and performed pursuant
to subsection 902(a) of this order shall include (1) the power to
redelegate authorities, and to authorize the successive redelegation of
authorities, to departments and agencies, officers, and employees of the
government, and (2) the power of subpoena with respect to authorities
delegated in parts II, III, and IV of this order, provided that the
subpoena power shall be utilized only after the scope and purpose of the
investigation, inspection, or inquiry to which the subpoena relates have
been defined either by the appropriate officer identified in subsection
902(a) of this order or by such other person or persons as the officer
shall designate.
                            12

     (c) Excluded from the authorities delegated by subsection 902(a) of
this order are authorities delegated by parts V, VI, and VIII of this
order and the authority with respect to fixing compensation under
section 703(a) of the Act.

     Sec. 903.  Authority.  All previously issued orders, regulations,
rulings, certificates, directives, and other actions relating to any
function affected by this order shall remain in effect except as they
are inconsistent with this order or are subsequently amended or revoked
under proper authority.  Nothing in this order shall affect the validity
or force of anything done under previous delegations or other assignment
of authority under the Act.

     Sec. 904.  Effect on other Orders.  (a) The following are
superseded or revoked:

     (1) Section 3, Executive Order No. 8248 of September 8, 1939, (4 FR
3864).
     (2) Executive Order No. 10222 of March 8, 1951 (16 FR 2247).
     (3) Executive Order No. 10480 of August 14, 1953 (18 FR 4939).
     (4) Executive Order No. 10647 of November 28, 1955 (20 FR 8769).
     (5) Executive Order No. 11179 of September 22, 1964 (29 FR 13239).
     (6) Executive Order No. 11355 of May 26, 1967 (32 FR 7803).
     (7) Sections 7 and 8, Executive Order No. 11912 of April 13, 1976
(41 FR 15825, 15826-27).
     (8) Section 3, Executive Order No. 12148 of July 20, 1979 (44 FR
43239, 43241).
     (9) Executive Order No. 12521 of June 24, 1985 (50 FR 26335).
     (10) Executive Order No. 12649 of August 11, 1988 (53 FR 30639).
     (11) Executive Order No. 12773 of September 26, 1991 (56 FR 49387),
except that part of the order that amends section 604 of Executive Order
10480.
     (b) Executive Order No. 10789 of November 14, 1958, is amended by
deleting "and in view of the existing national emergency declared by
Proclamation No. 2914 of December 16, 1950," as it appears in the first
sentence.
     (c) Executive Order No. 11790, as amended, relating to the Federal
Energy Administration Act of 1974, is amended by deleting "Executive
Order No. 10480" where it appears in section 4 and substituting this
order's number.
                            13

     (d) Subject to subsection 904(c) of this order, to the extent that
any provision of any prior Executive order is inconsistent with the
provisions of this order, this order shall control and such prior
provision is amended accordingly.

     Sec. 905.  Judicial Review.  This order is not intended to create
any right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or any
person.

                                     WILLIAM J. CLINTON

THE WHITE HOUSE,
June 3, 1994.