(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
(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;
(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.