Presidential Documents 

Federal Register 

Vol. 59, No. 108 

Tuesday, June 7, 1994 

Title 3— 

The President 

Executive Order 12919 of June 3, 1994 

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 emer- 

gencies, 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 inci- 

dent 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 re-delegate 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 Federal Register/Vol. 59, No. 108/Tuesday, June 7, 1994/Presidential Documents 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