The 'Back Door' Approach
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WORLD WITH THE STROKE OF A PEN LAST NIGHT...
The
John W. Warner Defense Authorization Act of 2006 (PL 109-364),
"named for the long-time Armed Services Committee chairman from
Virginia," was signed October 17, 2006, by President George W. Bush. The
Act "has a provocative provision called 'Use of the Armed Forces in Major
Public Emergencies'," the thrust of which "seems to be about giving
the federal government a far stronger hand in coordinating responses to
[Hurricane] Katrina-like disasters," Jeff Stein, CQ National
Security Editor wrote December 1,
2006.
"But
on closer inspection, its language also alters the two-centuries-old
Insurrection Act, which Congress passed in 1807 to limit the president’s
power to deploy troops within the United States ... 'to suppress, in a State,
any insurrection, domestic violence, unlawful combination, or
conspiracy'," Stein wrote.
"But
the amended law takes the cuffs off" and "critics say it’s a formula
for executive branch mischief," Stein wrote, as "the new language
adds 'natural disaster, epidemic, or other serious public health emergency,
terrorist attack or incident' to the list of conditions permitting the
President to take over local authority — particularly 'if domestic violence
has occurred to such an extent that the constituted authorities of the State
or possession are incapable of maintaining public order.'"
"One
of the few to complain, Sen. Patrick J. Leahy, D-Vt., warned that the measure
virtually invites the White House to declare federal martial law. ... It
'subverts solid, longstanding posse comitatus statutes that limit the
military’s involvement in law enforcement, thereby making it easier for the
President to declare martial law,' he said in remarks submitted to the
Congressional Record on Sept. 29." [1]
Also
see related Posse Comitatus Act section.
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Should
President George W. Bush proclaim and put into effect Executive Order 12919,
"the President would put the United States under total Martial Law and
Military Dictatorship." [2]
"The
President need not wait for some emergency to occur, however. He can declare
a National Emergency at any time, and freeze everything. Congress, and the
States, are powerless to prevent such an Executive Dictatorship, as long as
the President advises Congress in a timely matter." [3]
Executive
Order 12656 "Assignment
of Emergency Preparedness Responsibilities", February
16, 2004 plus Executive
Order 13074,
Amendment to EO 12656, February 9, 1998.
"Executive Order Number 12656
appointed the National Security Council as the principal body that should
consider emergency powers. This allows the government to increase domestic
intelligence and surveillance of U.S. citizens and would restrict the freedom
of movement within the United States and grant the government the right to
isolate large groups of civilians. The National Guard could be federalized to
seal all borders and take control of U.S. air space and all ports of
entry." [4]
Executive
Order 11921 "Adjusting
Emergency Preparedness Assignments to Organizational and Functional Changes
in Federal Departments and Agencies" allows the
Federal Emergency Management Agency (FEMA) [stated as the Federal Emergency
Preparedness Agency] to "develop plans to establish control over the
mechanisms of production and distribution, of energy sources, wages,
salaries, credit and the flow of money in U.S. financial institution in any
undefined national emergency. It also provides that when a state of emergency
is declared by the President, Congress cannot review the action for six
months." [5]
"FEMA's powers were
consolidated by President Jimmy Carter to incorporate: The National Security
Act of 1947, which allows for the strategic relocation of industries,
services, government and other essential economic activities, and to
rationalize the requirements for manpower, resources and production
facilities; The 1950 Defense Production Act, which gives the President sweeping powers over all aspects of the
economy; The Act of August 29, 1916, which authorizes the Secretary of the
Army, in time of war, to take possession of any transportation system for
transporting troops, material, or any other purpose related to the emergency;
and The International Emergency Economic Powers Act, which enables the
President to seize the property of a foreign country or national. These
powers were transferred to FEMA in a sweeping consolidation in 1979." [6]
For the first time in American history, the reigns of government
would not be transferred from one elected element to another, but the
Constitution, itself, can be suspended. [7]
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The following EOs all fall under EO 12919: [8]
[edit]
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[edit]
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Source:
Technorati (view
all)
Executive
Orders And Laws relating to National Emergencies Laws
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 strengthen this base and to ensure it is capable of
responding to all threats to the national security of the United States.
Sec.
103. General Functions. Federal departments and agencies responsible
for defense acquisition (or for industrial resources needed to support
defense acquisition) shall:
(a) Identify requirements for the
full spectrum of national security emergencies, including military,
industrial, and essential civilian demand;
(b) Assess continually the
capability of the domestic industrial and technological base to satisfy
requirements in peacetime and times of national emergency, specifically
evaluating the availability of adequate industrial resource and production
sources, including subcontractors and suppliers, materials, skilled labor,
and professional and technical personnel;
(c) Be prepared, in the event of a
potential threat to the security of the United States, to take actions
necessary to ensure the availability of adequate industrial resources and
production capability, including services and critical technology for
national defense requirements;
(d) Improve the efficiency and
responsiveness, to defense requirements, of the domestic industrial base; and
(e) Foster cooperation between the
defense and commercial sectors for research and development and for
acquisition of materials, components, and equipment to enhance industrial
base efficiency and responsiveness.
Sec. 104. Implementation.
(a) The National Security Council is
the principal forum for consideration and resolution of national security
resource preparedness policy.
(b) The Director, Federal Emergency
Management Agency ("Director, FEMA") shall:
(1) Serve as an advisor to the
National Security Council on issues of national security resource
preparedness and on the use of the authorities and functions delegated by
this order;
(2) Provide for the central
coordination of the plans and programs incident to authorities and functions
delegated under this order, and provide guidance and procedures approved by
the Assistant to the President for National Security Affairs to the Federal
departments and agencies under this order;
(3) Establish procedures, in
consultation with Federal departments and agencies assigned functions under
this order, to resolve in a timely and effective manner conflicts and issues
that may arise in implementing the authorities and functions delegated under
this order; and
(4) Report to the President
periodically concerning all program activities conducted pursuant to this
order.
(c) The head of every Federal
department and agency assigned functions under this order shall ensure that
the performance of these functions is consistent with National Security
Council policy and guidelines.
PART II - PRIORITIES AND
ALLOCATIONS
Sec.
201. Delegations of Priorities and Allocations.
(a) The authority of the President conferred
by section 101 of the Act to require acceptance and priority performance of
contracts or orders (other than contracts of employment) to promote the
national defense over performance of any other contracts or orders, and to
allocate materials, services, and facilities as deemed necessary or
appropriate to promote the national defense, is delegated to the following
agency heads:
(1) The Secretary of Agriculture
with respect to food resources, food resource facilities, and the domestic
distribution of farm equipment and commercial fertilizer;
(2) The Secretary of Energy with
respect to all forms of energy;
(3) The Secretary of Health and
Human Services with respect to health resources;
(4) The Secretary of Transportation
with respect to all forms of civil transportation;
(5) The Secretary of Defense with
respect to water resources; and
(6) The Secretary of Commerce for
all other materials, services, and facilities, including construction
materials.
(b) The Secretary of Commerce, in
consultation with the heads of those departments and agencies specified in
subsection 201(a) of this order, shall administer the Defense Priorities and
Allocations System ("DPAS") regulations that will be used to
implement the authority of the President conferred by section 101 of the Act
as delegated to the Secretary of Commerce in subsection 201(a)(6) of this
order. The Secretary of Commerce will redelegate to the Secretary of Defense,
and the heads of other departments and agencies as appropriate, authority for
the priority rating of contracts and orders for all materials, services, and
facilities needed in support of programs approved under section 202 of this
order. The Secretary of Commerce shall act as appropriate upon Special
Priorities Assistance requests in a time frame consistent with the urgency of
the need at hand.
(c) The Director, FEMA, shall
attempt to resolve issues or disagreements on priorities or allocations
between Federal departments or agencies in a time frame consistent with the
urgency of the issue at hand and, if not resolved, such issues will be
referred to the Assistant to the President for National Security Affairs for
final determination.
(d) The head of each Federal
department or agency assigned functions under subsection 201(a) of this order,
when necessary, shall make the finding required under subsection 101(b) of
the Act. This finding shall be submitted for the President's approval through
the Assistant to the President for National Security Affairs. Upon such
approval the head of the Federal department or agency that made the finding
may use the authority of subsection 101(a) of the Act to control the general
distribution of any material (including applicable services) in the civilian
market.
(e) The Assistant to the President
for National Security Affairs is hereby delegated the authority under
subsection 101(c)(3) of the Act, and will be assisted by the Director, FEMA,
in ensuring the coordinated administration of the Act.
Sec. 202. Determinations. The
authority delegated by section 201 of this order may be used only to support
programs that have been determined in writing as necessary or appropriate to
promote the national defense:
(a) By the Secretary of Defense with
respect to military production and construction, military assistance to
foreign nations, stockpiling, outer space, and directly related activities;
(b) By the Secretary of Energy with
respect to energy production and construction, distribution and use, and
directly related activities; and
(c) By the Director, FEMA, with respect
to essential civilian needs supporting national defense, including civil
defense and continuity of government and directly related activities.
Sec. 203. Maximizing Domestic
Energy Supplies.
The authority of the President to perform the functions provided by
subsection 101(c) of the Act is delegated to the Secretary of Commerce, who
shall redelegate to the Secretary of Energy the authority to make the
findings described in subsection 101(c)(2)(A) that the materials (including
equipment), services, and facilities are critical and essential. The
Secretary of Commerce shall make the finding described in subsection
101(c)(2)(A) of the Act that the materials (including equipment), services,
or facilities are scarce, and the finding described in subsection
101(c)(2)(B) that it is necessary to use the authority provided by subsection
101(c)(1).
Sec.
204. Chemical and Biological Warfare. The authority of the President
conferred by subsection 104(b) of the Act is delegated to the Secretary of
Defense. This authority may not be further delegated by the Secretary.
PART
III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
Sec.
301.
(a) Financing Institution
Guarantees. To expedite or expand production and deliveries or services under
government contracts for the procurement of industrial resources or critical
technology items essential to the national defense, the head of each Federal
department or agency engaged in procurement for the national defense (referred
to as "agency head" in this part) and the President and Chairman of
the Export-Import Bank of the United States (in cases involving capacity
expansion, technological development, or production in foreign countries) are
authorized to guarantee in whole or in part any public or private financing
institution, subject to provisions of section 301 of the Act. Guarantees
shall be made in consultation with the Department of the Treasury as to the
terms and conditions thereof. The Director of the Office of Management and
Budget ("OMB") shall be informed when such guarantees are to be
made.
(b) Direct Loan Guarantees. To
expedite or expand production and deliveries or services under government
contracts for the procurement of industrial resources or critical technology
items essential to the national defense, each agency head is authorized to
make direct loan guarantees from funds appropriated to their agency for Title
III.
(c) Fiscal Agent. Each Federal
Reserve Bank is designated and authorized to act, on behalf of any
guaranteeing agency, as fiscal agent in the making of guarantee contracts and
in otherwise carrying out the purposes of section 301 of the Act.
(d) Regulations. The Board of
Governors of the Federal Reserve System is authorized, after consultation
with heads of guaranteeing departments and agencies, the Secretary of the
Treasury, and the Director, OMB, to prescribe regulations governing
procedures, forms, rates of interest, and fees for such guarantee contracts.
Sec. 302. Loans.
(a) To expedite production and
deliveries or services to aid in carrying out government contracts for the
procurement of industrial resources or a critical technology item for the
national defense, an agency head is authorized, subject to the provisions of
section 302 of the Act, to submit to the Secretary of the Treasury or the
President and Chairman of the Export-Import Bank of the United States (in
cases involving capacity expansion, technological development, or production
in foreign countries) applications for loans.
(b) To expedite or expand production
and deliveries or services under government contracts for the procurement of
industrial resources or critical technology items essential to the national
defense, each agency head may make direct loans from funds appropriated to
their agency for Title III.
(c) After receiving a loan
application and determining that financial assistance is not otherwise
available on reasonable terms, the Secretary of the Treasury or the President
and Chairman of the Export-Import Bank of the United States (in cases
involving capacity expansion, technological development, or production in
foreign countries) may make loans, subject to provisions of section 302 of
the Act.
Sec. 303. Purchase
Commitments.
(a) In order to carry out the
objectives of the Act, and subject to the provisions of section 303 thereof,
an agency head is authorized to make provision for purchases of, or
commitments to purchase, an industrial resource or a critical technology item
for government use or resale.
(b) Materials acquired under section
303 of the Act that exceed the needs of the programs under the Act may be
transferred to the National Defense Stockpile, if such transfer is determined
by the Secretary of Defense as the National Defense Stockpile Manager to be
in the public interest. Sec. 304. Subsidy Payments. In order to ensure the
supply of raw or non-processed materials from high-cost sources, an agency
head is authorized to make subsidy payments, after consultation with the
Secretary of the Treasury and the Director OMB, and subject to the provisions
of section 303(c) of the Act.
Sec. 305. Determinations and
Findings.
When carrying out the authorities in sections 301 through 303 of this order,
an agency head is authorized to make the required determinations, judgments,
statements, certifications, and findings, in consultation with the Secretary
of Defense, Secretary of Energy or Director, FEMA, as appropriate. The agency
head shall provide a copy of the determination, judgment, statement, certification,
or finding to the Director, OMB, to the Director, FEMA, and, when
appropriate, to the Secretary of the Treasury.
Sec.
306. Strategic and Critical Materials.
(a) The Secretary of the Interior,
in consultation with the Secretary of Defense as the National Defense
Stockpile Manager and subject to the provisions of section 303 of the Act, is
authorized to encourage the exploration, development, and mining of critical
and strategic materials and other materials.
(b) An agency head is authorized, pursuant
to section 303(g) of the Act, to make provision for the development of
substitutes for strategic and critical materials, critical components,
critical technology items, and other industrial resources to aid the national
defense.
(c) An agency head is authorized,
pursuant to section 303(a)(1)(B) of the Act, to make provisions to encourage
the exploration, development, and mining of critical and strategic materials
and other materials.
Sec. 307. Government-owned
Equipment.
An agency head is authorized, pursuant to section 303(e) of the Act, to
install additional equipment, facilities, processes, or improvements to
facilities owned by the government and to install goverment-owned equipment
in industrial facilities owned by private persons.
Sec.
308. Identification of Shortfalls. Except during periods of national
emergency or after a Presidential determination in accordance with sections
301(e)(1)(D)(ii), 302(c)(4)(B), or 303(a)(7)(B) of the Act, no guarantee,
loan or other action pursuant to sections 301, 302, and 303 of the Act to
correct an industrial shortfall shall be taken unless the shortfall has been
identified in the Budget of the United States or amendments thereto.
Sec.
309. Defense Production Act Fund Manager. The Secretary of Defense is
designated the Defense Production Act Fund Manager, in accordance with
section 304(f) of the Act, and shall carry out the duties specified in that
section, in consultation with the agency heads having approved Title III
projects and appropriated Title III funds.
Sec.
310. Critical Items List.
(a) Pursuant to section 107(b)(1)(A)
of the Act, the Secretary of Defense shall identify critical components and
critical technology items for each item on the Critical Items List of the
Commanders-in-Chief of the Unified and Specified Commands and other items
within the inventory of weapon systems and defense equipment.
(b) Each agency head shall take
appropriate action to ensure that critical components or critical technology
items are available from reliable sources when needed to meet defense
requirements during peacetime, graduated mobilization, and national
emergency. "Appropriate action" may include restricting contract
solicitations to reliable sources, restricting contract solicitations to
domestic sources (pursuant to statutory authority), stockpiling critical
components, and developing substitutes for critical components or critical
technology items.
Sec. 311. Strengthening
Domestic Capability. An agency head, in accordance with section
107(a) of the Act, may utilize the authority of Title III of the Act or any
other provision of law, in consultation with the Secretary of Defense, to
provide appropriate incentives to develop, maintain, modernize, and expand
the productive capacities of domestic sources for critical components,
critical technology items, and industrial resources essential for the
execution of the national security strategy of the United States.
Sec.
312. Modernization of Equipment. An agency head, in accordance with
section 108(b) of the Act, may utilize the authority of Title III of the Act
to guarantee the purchase or lease of advance manufacturing equipment and any
related services with respect to any such equipment for purposes of the Act.
PART IV - IMPACT OF OFFSETS
Sec.
401. Offsets.
(a) The responsibilities and
authority conferred upon the President by section 309 of the Act with respect
to offsets are delegated to the Secretary of Commerce, who shall function as
the President's Executive Agent for carrying out this authority.
(b) The Secretary of Commerce shall
prepare the annual report required by section 309(a) of the Act in
consultation with the Secretaries of Defense, Treasury, Labor, State, the
United States Trade Representative, the Arms Control and Disarmament Agency,
the Director of Central Intelligence, and the heads of other departments and
agencies as required. The heads of Federal departments and agencies shall
provide the Secretary of Commerce with such information as may be necessary
for the effective performance of this function.
(c) The offset report shall be
subject to the normal interagency clearance process conducted by the
Director, OMB, prior to the report's submission by the President to Congress.
PART V - VOLUNTARY AGREEMENTS
AND ADVISORY COMMITTEES
Sec.
501. Appointments. The
authority of the President under sections 708(c) and (d) of the Act is
delegated to the heads of each Federal department or agency, except that,
insofar as that authority relates to section 101 of the Act, it is delegated
only to the heads of each Federal department or agency assigned functions
under section 201(a) of this order. The authority delegated under this
section shall be exercised pursuant to the provisions of section 708 of the
Act, and copies and the status of the use of such delegations shall be
furnished to the Director, FEMA.
Sec.
502. Advisory Committees. The authority of the President under section
708(d) of the Act and delegated in section 501 of this order (relating to establishment
of advisory committees) shall be exercised only after consultation with, and
in accordance with, guidelines and procedures established by the
Administrator of General Services.
PART
VI - EMPLOYMENT OF PERSONNEL
Sec.
601. National Defense Executive Reserve.
(a) In accordance with section
710(e) of the Act, there is established in the Executive Branch a National
Defense Executive Reserve ("NDER") composed of persons of
recognized expertise from various segments of the private sector and from
government (except full-time federal employees) for training for employment
in executive positions in the Federal Government in the event of an emergency
that requires such employment.
(b) The head of any department or
agency may establish a unit of the NDER in the department or agency and train
members of that unit.
(c) The head of each department or
agency with an NDER unit is authorized to exercise the President's authority
to employ civilian personnel in accordance with section 703(a) of the Act
when activating all or a part of its NDER unit. The exercise of this
authority shall be subject to the provisions of subsections 601(d) and (e) of
this order and shall not be redelegated.
(d) The head of a department or
agency may activate an NDER unit, in whole or in part, upon the written
determination that an emergency affecting the national security or defense
preparedness of the United States exists and that the activation of the unit
is necessary to carry out the emergency program functions of the department
or agency.
(e) At least 72 hours prior to
activating the NDER unit, the head of the department or agency shall notify,
in writing, the Assistant to the President for National Security Affairs of
the impending activation and provide a copy of the determination required
under subsection 601(d) of this order.
(f) The Director, FEMA, shall
coordinate the NDER program activities of departments and agencies in
establishing units of the Reserve; provide for appropriate guidance for recruitment,
training, and activation; and issue necessary rules and guidance in
connection with the program.
(g) This order suspends any
delegated authority, regulation, or other requirement or condition with
respect to the activation of any NDER unit, in whole or in part, or
appointment of any NDER member that is inconsistent with the authorities
delegated herein, provided that the aforesaid suspension applies only as long
as sections 703(a) and 710(e) of the Act are in effect. Sec. 602.
Consultants. The head of each department or agency assigned functions under
this order is delegated authority under sections 710(b) and (c) of the Act to
employ persons of outstanding experience and ability without compensation and
to employ experts, consultants, or organizations. The authority delegated by
this section shall not be redelegated.
PART VII - LABOR SUPPLY
Sec.
701. Secretary of Labor. The Secretary of Labor, identified in this
section as the Secretary, shall:
(a) Collect, analyze, and maintain
data needed to make a continuing appraisal of the nation's labor requirements
and the supply of workers for purposes of national defense. All agencies of
the government shall cooperate with the Secretary in furnishing information
necessary for this purpose, to the extent permitted by law;
(b) In response to requests from the
head of a Federal department or agency engaged in the procurement for
national defense, consult with and advise that department or agency with
respect to
(1) the effect of contemplated
actions on labor supply and utilization,
(2) the relation of labor supply to
materials and facilities requirements, and
(3) such other matters as will
assist in making the exercise of priority and allocations functions
consistent with effective utilization and distribution of labor;
(c) Formulate plans, programs, and
policies for meeting defense and essential civilian labor requirements;
(d) Project skill shortages to
facilitate meeting defense and essential civilian needs and establish
training programs;
(e) Determine the occupations and
skills critical to meeting the labor requirements of defense and essential
civilian activities and, with the assistance of the Secretary of Defense, the
Director of Selective Service, and such other persons as the Director, FEMA, may
designate, develop policies regulating the induction and deferment of
personnel for the armed services, except for civilian personnel in the
reserves; and
(f) Administer an effective
labor-management relations policy to support the activities and programs
under this order with the cooperation of other Federal agencies, including
the National Labor Relations Board and the Federal Mediation and Conciliation
Service.
PART VIII - DEFENSE
INDUSTRIAL BASE INFORMATION AND REPORTS
Sec.
801. Foreign Acquisition of Companies. The Secretary of the Treasury, in
cooperation with the Department of State, the Department of Defense, the
Department of Commerce, the Department of Energy, the Department of
Agriculture, the Attorney General, and the Director of Central Intelligence,
shall complete and furnish a report to the President and then to Congress in
accordance with the requirements of section 721(k) of the Act concerning
foreign efforts to acquire United States companies involved in research,
development, or production of critical technologies and industrial espionage
activities directed by foreign governments against private U.S. companies.
Sec.
802. Defense Industrial Base Information System.
(a) The Secretary of Defense and the
heads of other appropriate Federal departments and agencies, as determined by
the Secretary of Defense, shall establish an information system on the
domestic defense industrial base in accordance with the requirements of
section 722 of the Act.
(b) In establishing the information
system required by subsection (a) of this order, the Secretary of Defense,
the Secretary of Commerce, and the heads of other appropriate Federal
departments and agencies, as determined by the Secretary of Defense in
consultation with the Secretary of Commerce, shall consult with each other
for the purposes of performing the duties listed in section 722(d)(1) of the
Act.
(c) The Secretary of Defense shall
convene a task force consisting of the Secretary of Commerce and the Secretary
of each military department and the heads of other appropriate Federal
departments and agencies, as determined by the Secretary of Defense in
consultation with the Secretary of Commerce, to carry out the duties under
section 722(d)(2) of the Act.
(d) The Secretary of Defense shall
report to Congress on a strategic plan for developing a cost-effective,
comprehensive information system capable of identifying on a timely, ongoing
basis vulnerability in critical components and critical technology items. The
plans shall include an assessment of the performance and cost-effectiveness
of procedures specified in section 722(b) of the Act.
(e) The Secretary of Commerce,
acting through the Bureau of the Census, shall consult with the Secretary of
Defense and the Director, FEMA, to improve the usefulness of information
derived from the Census of Manufacturers in carrying out section 722 of the
Act.
(f) The Secretary of Defense shall
perform an analysis of the production base for not more than two major
weapons systems of each military department in establishing the information
system under section 722 of the Act. Each analysis shall identify the
critical components of each system.
(g) The Secretary of Defense, in
consultation with the Secretary of Commerce, and the heads of other Federal
departments and agencies as appropriate, shall issue a biennial report on
critical components and technology in accordance with section 722(e) of the
Act. PART IX - GENERAL PROVISIONS
Sec. 901. Definitions. In addition
to the definitions in section 702 of the Act, the following definitions apply
throughout this order:
(a) "Civil transportation"
includes movement of persons and property by all modes of transportation in
interstate, intrastate, or foreign commerce within the United States, its
territories and possessions, and the District of Columbia, and, without
limitation, related public storage and warehousing, ports, services,
equipment and facilities, such as transportation carrier shop and repair
facilities. However, "civil transportation" shall not include
transportation owned or controlled by the Department of Defense, use of
petroleum and gas pipelines, and coal slurry pipelines used only to supply
energy production facilities directly. As applied herein, "civil transportation"
shall include direction, control, and coordination of civil transportation
capacity regardless of ownership.
(b) "Energy" means all
forms of energy including petroleum, gas (both natural and manufactured),
electricity, solid fuels (including all forms of coal, coke, coal chemicals,
coal liquification, and coal gasification), and atomic energy, and the
production, conservation, use, control, and distribution (including
pipelines) of all of these forms of energy.
(c) "Farm equipment" means
equipment, machinery, and repair parts manufactured for use on farms in
connection with the production or preparation for market use of food
resources.
(d) "Fertilizer" means any
product or combination of products that contain one or more of the elements
-- nitrogen, phosphorus, and potassium -- for use as a plant nutrient.
(e) "Food resources" means
all commodities and products, simple, mixed, or compound, or complements to
such commodities or products, that are capable of being ingested by either
human beings or animals, irrespective of other uses to which such commodities
or products may be put, at all stages of processing from the raw commodity to
the products thereof in vendible form for human or animal consumption.
"Food resources" also means all starches, sugars, vegetable and
animal or marine fats and oils, cotton, tobacco, wool, mohair, hemp, flax
fiber, and naval stores, but does not mean any such material after it loses
its identity as an agricultural commodity or agricultural product.
(f) "Food resource facilities"
means plants, machinery, vehicles (including on-farm), and other facilities
required for the production, processing, distribution, and storage (including
cold storage) of food resources, livestock and poultry feed and seed, and for
the domestic distribution of farm equipment and fertilizer (excluding
transportation thereof).
(g) "Functions" include
powers, duties, authority, responsibilities, and discretion.
(h) "Head of each Federal
department or agency engaged in procurement for the national defense"
means the heads of the Departments of Defense, Energy, and Commerce, as well
as those departments and agencies listed in Executive Order No. 10789.
(i) "Heads of other appropriate
Federal departments and agencies" as used in part VIII of this order means
the heads of such other Federal agencies and departments that acquire
information or need information with respect to making any determination to
exercise any authority under the Act.
(j) "Health resources"
means materials, facilities, health supplies, and equipment (including
pharmaceutical, blood collecting and dispensing supplies, biological,
surgical textiles, and emergency surgical instruments and supplies) required
to prevent the impairment of, improve, or restore the physical and mental
health conditions of the population.
(k) "Metals and minerals"
means all raw materials of mineral origin (excluding energy) including their
refining, smelting, or processing, but excluding their fabrication.
(l) "Strategic and Critical
Materials" means materials (including energy) that
(1) would be needed to supply the
military, industrial, and essential civilian needs of the United States
during a national security emergency, and
(2) are not found or produced in the
United States in sufficient quantities to meet such need and are vulnerable
to the termination or reduction of the availability of the material.
(m) "Water resources"
means all usable water, from all sources, within the jurisdiction of the
United States, which can be managed, controlled, and allocated to meet
emergency requirements.
Sec. 902. General.
(a) Except as otherwise provided in
subsection 902(c) of this order, the authorities vested in the President by title
VII of the Act may be exercised and performed by the head of each department
and agency in carrying out the delegated authorities under the Act and this
order.
(b) The authorities which may be
exercised and performed pursuant to subsection 902(a) of this order shall
include
(1) the power to redelegate
authorities, and to authorize the successive redelegation of authorities, to
departments and agencies, officers, and employees of the government, and
(2) the power of subpoena with
respect to authorities delegated in parts II, III, and IV of this order,
provided that the subpoena power shall be utilized only after the scope and
purpose of the investigation, inspection, or inquiry to which the subpoena
relates have been defined either by the appropriate officer identified in
subsection 902(a) of this order or by such other person or persons as the
officer shall designate.
(c) Excluded from the authorities
delegated by subsection 902(a) of this order are authorities delegated by
parts V, VI, and VIII of this order and the authority with respect to fixing
compensation under section 703(a) of the Act. Sec. 903. Authority. All
previously issued orders, regulations, rulings, certificates, directives, and
other actions relating to any function affected by this order shall remain in
effect except as they are inconsistent with this order or are subsequently
amended or revoked under proper authority. Nothing in this order shall affect
the validity or force of anything done under previous delegations or other
assignment of authority under the Act.
Sec. 904. Effect on other Orders.
(a) The following are superseded or
revoked:
(1) Section 3, Executive Order No.
8248 of September 8, 1939, (4 FR 3864).
(2) Executive Order No. 10222 of March 8, 1951 (16 FR 2247).
(3) Executive Order No. 10480 of August 14, 1953 (18 FR 4939).
(4) Executive Order No. 10647 of November 28, 1955 (20 FR 8769).
(5) Executive Order No. 11179 of September 22, 1964 (29 FR 13239).
(6) Executive Order No. 11355 of May 26, 1967 (32 FR 7803).
(7) Sections 7 and 8, Executive Order No. 11912 of April 13, 1976 (41 FR
15825, 15826-27). (8) Section 3, Executive Order No. 12148 of July 20, 1979
(44 FR 43239, 43241).
(9) Executive Order No. 12521 of June 24, 1985 (50 FR 26335).
(10) Executive Order No. 12649 of August 11, 1988 (53 FR 30639).
(11) Executive Order No. 12773 of September 26, 1991 (56 FR 49387), except
that part of the order that amends section 604 of Executive Order 10480.
(b) Executive Order No. 10789 of
November 14, 1958, is amended by deleting "and in view of the existing
national emergency declared by Proclamation No. 2914 of December 16,
1950," as it appears in the first sentence.
(c) Executive Order No. 11790, as
amended, relating to the Federal Energy Administration Act of 1974, is
amended by deleting "Executive Order No. 10480" where it appears in
section 4 and substituting this order's number.
(d) Subject to subsection 904(c) of
this order, to the extent that any provision of any prior Executive order is
inconsistent with the provisions of this order, this order shall control and
such prior provision is amended accordingly.
Sec. 905. Judicial Review. This order
is not intended to create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its agencies, its
officers, or any person.
WILLIAM J.
CLINTON THE WHITE HOUSE
June 3, 1994.
FOR A LIST OF OTHER RECENT EXECUTIVE
ORDERS CLICK HERE:
www.sourcewatch.org/index.php?title=Executive_order