Loading...
HomeMy WebLinkAboutCOM 0070.005 1998-2000 zsszs Peaera~ kPQi~~er ~ - _ Presidential Documents Vot. 59. Sn. n19 - Tuesdac. !un~~ J tuv.~ Title 3- Executive Order 12919 of June 3, 1994 The President National Defense Industrial Resources Preparedness Ilv 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 Slat. 798; 50 U.S.C. App. ~O(il, et seq.) and section 301 tf 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 F-PURPOSE, POLICY AND IMPLEMENTATION Section 101. Purpose. This order delegates authorities and addresses national RECEIVED defense industrial resource policies and programs under the Defense Produc- !~Ytii--_ r g lion Act of 1950, as amended ("the Act"), except for the amendments to C ' %y Title III of the Act in the Ener Securit Act of 1980 and telecommunication County Council,'?'- " = % ~ authorities under Executive Otder No. 12472. Sec. 102. Policy. The United States must have an industrial and technology base capable of meeting national defense requirements, and capable of con- tributing to [he technological superiority of its defense equipment in peace- ' time and in times of national emergency. The domestic industrial and techno- logical base is the Foundation for national defense preparedness. The authori- ties 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 emer- gencies, including military, industrial, and essential civilian demand; (b) Assess continually the capability of the domestic industrial and techno- logical 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 personne}; (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 prepared- ness policy. (b) The Director, Federal Emergency Management Agency ("Director 7~• Oc FEMA")sha1L• No• 7 (1) Serve as an advisor to the National Security Council on issues I•lle No. ~ (N of national security resource preparedness and on the use of the authorities and functions delegated by this order Ref. Tot Presented /~fEpL JAN 15 1999 Ref. vate i.,5Lti Federal P.e~ister /Vol. 59. .108 /Tuesday, June 7, 199.1 /Preside..-.al Documents (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 [he President for National Security Affairs to [he Federal depart- ments 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 activi- ties 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 IF-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) [o 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 facilitfes, and the domestic distribution of farm equip- nt~nt and commercial fertilizer; (21 The Secretary of Energy with respect to all forms of energy; (3) The Secretary of Health and Human Sen•ices 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 Secretazy 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") regula- ~ lions that will be used to implement the authority of the President conferred by section 101 of the Act as delegated to [he 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 appro~ ed under section 202 of this order. The Secretan~ of Commerce shall act as appropriate upon Special Priorities Assistance requests in a time frame consistent with the hrgency 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 fmctions under subsection 201(a) of this order, when necessary, shall make the findin required under subsection 101(b) of the Act. This finding shall be submittrd for the President's approval through the Assistant to the President for ti,~ tional Security Affairs. Upon such approval the head of the Federal dep~~r! Z93$2 federal Register i Vol No. 108 !Tuesday, )une i, 1993 / P. b~:vial Docwnents ment in establishing the information system under section 722 of the Ad Each analysis shall identify the critical components of each system. (g) The Secretary of Defense, in consultation with the Secretary of Com- merce, and the heads of other Federal departments and agencies as appro- . priate, shall issue a biennia] report on critical components .and technology in accordance with section 722(e) of the Act. PART IX-fiENERAL PROVISIONS Sec. 901. Definitions. In addition to the definitions in section 702 of ihf~ 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 trans- portation 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 distribu- lion (including pipelines) of all of these forms of energy. (c) "Farm equipment" means equipment, machinery, and repair parts man- - ufactured for use on farms in connection with the production or preparation for market use of food resources. (d) "Fertilizer" means eny product oc 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 compou~mpiements 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, hem flax fiber, and naval stores, but does not mean any such material er 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, distribu- lion, 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 thereofl• (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 s respect to making any determination to exercise any authority under the Act.