Force; and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.

SEC. 2. To allow for the orderly administration of personnel within the armed forces, the authority vested in the President by section 527 of title 10, United States Code, to suspend the operation of sections 523-526 of title 10, United States Code, regarding officer strength and officer distribution in grade, is invoked to the full extent provided by the terms thereof.

SEC. 3. To allow the orderly administration of personnel within the armed forces, the authority vested in the President by section 644 of title 10, United States Code, to suspend the operation of any provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, or Marine Corps, is invoked to the full extent provided by the terms thereof.

SEC. 4. The Secretary of Defense is hereby designated and empowered, without the approval, ratification, or other action by the President, to exercise the authority vested in the President by sections 527 and 644 of title 10, United States Code, as invoked by sections 2 and 3 of this order, to suspend the operation of certain provisions of law.

SEC. 5. The authorities delegated by sections 1 and 4 of this order may be redelegated and further subdelegated to civilian subordinates who are appointed to their offices by the President, by and with the advice and consent of the Senate.

SEC. 6. This order is intended to improve the internal managenent of the executive branch and is not intended to create any ight or benefit, substantive or procedural, enforceable at law by a arty against the United States, its agencies, its officers, or any

erson.

SEC. 7. This order is effective immediately, and shall be transnitted to the Congress and published in the Federal Register.

Ex. ORD. NO. 12742. NATIONAL SECURITY INDUSTRIAL

RESPONSIVENESS

(JANUARY 8, 1991)

By the authority vested in me as President by the Constitution nd laws of the United States of America, including 50 U.S.C. App. 68, 10 U.S.C. 4501 and 9501, and 50 U.S.C. 82, it is hereby orered as follows:

SECTION 101. Policy. The United States must have the capabily to rapidly mobilize its resources in the interest of national secuty. Therefore, to achieve prompt delivery of articles, products, and aterials to meet national security requirements, the Government ay place orders and require priority performance of these orders. SEC. 102. Delegation of Authority under 50 U.S.C. App. 468. (a) Subject to paragraph (b) of this section, the authorities ested in the President, under 50 U.S.C. App. 468, with respect to e placing of orders for prompt delivery of articles or materials, xcept for the taking authority under 50 U.S.C. App. 468(c), are ereby delegated to:

(1) the Secretary of Agriculture with respect to all food re

sources;

ergy;

(2) the Secretary of Energy with respect to all forms of en

(3) the Secretary of Transportation with respect to all forms of civil transportation; and

(4) the Secretary of Commerce with respect to all other ar ticles and materials, including construction materials. The authorities delegated by paragraph (a) of this section shall be exercised only after:

(1) a determination by the Secretary of Defense that prompt delivery of the articles or materials for the exclusive use of the armed forces of the United States is in the interest of national security, or

(2) a determination of the Secretary of Energy that the prompt delivery of the articles or materials for the Department of Energy's atomic energy programs is in the interest of national security.

(c) All determinations of the type described in paragraph (b) of this section and all delegations-made prior to the effective date of this order under the Defense Production Act of 1950, as amended, and under its implementing rules and regulations-shall be continued in effect, including but not limited to approved programs listed under the Defense Priorities and Allocations System (15 CFR Part 700).

SEC. 103. Delegation of Authority under 10 U.S.C. 4501 and 9501, and 50 U.S.C. 82.

(a) Subject to paragraph (b) of this section, the authorities vested in the President under 10 U.S.C. 4501 and 9501 with respect to the placing of orders for necessary products or materials, and under 50 U.S.C. 82 with respect to the placing of orders for ships or war materials, except for the taking authority vested in the President by these acts, are hereby delegated to:

(1) the Secretary of Agriculture with respect to all food re

sources;

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

(3) the Secretary of Transportation with respect to all forms of civil transportation; and

(4) the Secretary of Commerce with respect to all other products and materials, including construction materials. (b) The authorities delegated in paragraph (a) of this section may be exercised only after the President has made the statutorily required determination.

SEC. 104. Implementation. (a) The authorities delegated under sections 102 and 103 of this order shall include the power to redelegate such authorities, and the power of successive redelega tion of such authorities, to departments and agencies, officers, and employees of the Government. The authorities delegated in this order may be implemented by regulations promulgated and administered by the Secretaries of Agriculture, Defense, Energy, Transportation, and Commerce, and the Director of the Federal Emergency Management Agency as appropriate.

A

(b) All departments and agencies delegated authority under
this order are hereby directed to amend their rules and regulations
as necessary to reflect the new authorities delegated herein that
are to be relied upon to carry out their functions. To the extent au-
thorized by law, including 50 U.S.C. App. 486, 10 U.S.C. 4501 and
9501, and 50 U.S.C. 82, all rules and regulations issued under the
Defense Production Act of 1950, as amended, with respect to the
placing of priority orders for articles, products, ships, and mate-
rials, including war materials, shall be deemed, where appropriate,
to implement the authorities delegated by sections 102 and 103 of
this order, and shall remain in effect until amended or revoked by
the respective Secretary. All orders, regulations, and other forms of
administrative actions purported to have been issued, taken, or
continued in effect pursuant to the Defense Production Act of 1950,
as amended, shall until amended or revoked by the respective Sec-
retaries or the Director of the Federal Emergency Management
Agency, as appropriate, remain in full force and effect, to the ex-
tent supported by any law or any authority delegated to the respec-
ive Secretary or the Director pursuant to this order.

(c) Upon the request of the Secretary of Defense with respect
to particular articles, products, or materials that are determined to
De needed to meet national security requirements, any other official
receiving a delegation of authority under this Executive order to
place orders or to enforce precedence of such orders, shall exercise
such authority within 10 calendar days of the receipt of the re-
quest; provided, that if the head of any department or agency hav-
ng delegated responsibilities hereunder disagrees with a request of
he Secretary of Defense, such department or agency head shall,
within 10 calendar days from the receipt of the request, refer the
ssue to the Assistant to the President for National Security Af-
airs, who shall ensure expeditious resolution of the issue.

(d) Proposed department and agency regulations and proce-
ures to implement the delegated authority under this order, and
ny new determinations made under sections 102(b)(1) or (2), shall
e coordinated by the Director of the Federal Emergency Manage-
nent Agency with all appropriate departments and agencies.

SEC. 105. Judicial Review. This order is intended only to im-
rove the internal management of the executive branch and is not
tended to create any right or benefit, substantive or procedural,
nforceable at law by a party against the United States, its agen-
Les, its officers, or any person.

EX. ORD. NO. 12734. NATIONAL EMERGENCY CONSTRUCTION

AUTHORITY

(NOVEMBER 14, 1990)

By the authority vested in me as President by the Constitution
nd the laws of the United States of America, including the Inter-
ational Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
e National Emergencies Act (50 U.S.C. 1601 et seq.), and 3 U.S.C.
01, I declared a national emergency by Executive Order No.
2722, dated August 2, 1990, to deal with the threat to the na-
onal security and foreign policy of the United States caused by

the invasion of Kuwait by Iraq. To provide additional authority to the Department of Defense to respond to that threat and in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), I hereby order that the emergency construction authority at 10 U.S.C. 2808 is invoked and made available in accordance with its terms to the Secretary of Defense and, at the discretion of the Secretary of Defense, to the Secretaries of the military depart

ments.

This order is effective immediately and shall be transmitted to the Congress and published in the Federal Register.

EX. ORD. No. 12733. AUTHORIZING THE EXTENSION OF THE PERIOD OF ACTIVE DUTY OF PERSONNEL OF THE SELECTED RESERVE OF THE ARMED FORCES

(NOVEMBER 13, 1990)

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 121 and 673b(i) of title 10 of the United States Code, I hereby de termine that, in the interests of national security, extending the period of active duty is necessary for the following: units of the Se fected Reserve, and members of the Selected Reserve not assigned to a unit organized to serve as a unit of the Selected Reserve, now serving on or hereafter ordered to active duty pursuant to section 673b(a) of title 10 of the United States Code and Executive Order No. 12727 of August 22, 1990. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when the latter is not operating as a service in the Department of the Navy, to extend the period of active duty of such units and members of the Selected Reserve.

This order is intended only to improve the internal manage ment of the executive branch, and 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.

This order shall be published in the Federal Register and transmitted promptly to the Congress.

EX. ORD. NO. 12728. DELEGATING THE PRESIDENT'S AUTHORITY TO SUSPEND ANY PROVISION OF LAW RELATING TO THE PROMOTION, RETIREMENT, OR SEPARATION OF MEMBERS OF THE ARMED FORCES (55 F.R. 35029)

(AUGUST 22, 1990)

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 673c of title 10 of the United States Code and section 301 of title 3 of the United States Code, I hereby order.

SECTION 1. The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not op erating as a service in the Department of the Navy, are hereby des

ignated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by section 673c of title 10 of the United States Code (1) to suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces determined to be essential to the national security of the United States, and (2) to determine, for the purposes of said section, that members of the armed forces are essential to the national security of the United States.

SEC. 2. The authority delegated to the Secretary of Defense and the Secretary of Transportation by this order may be redelegated and further subdelegated to subordinates who are appointed to their offices by the President, by and with the advice and consent of the Senate.

SEC. 3. This order is intended only to improve the internal management of the executive branch and 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.

Ex. ORD. NO. 12727. ORDERING THE SELECTED RESERVE OF THE ARMED FORCES TO ACTIVE DUTY (55 F.R. 35027)

(AUGUST 22, 1990)

By the authority vested in me as President by the Constitution and laws of the United States of America, including sections 121 and 673b of title 10 of the United States Code, I hereby determine that it is necessary to augment the active armed forces of the United States for the effective conduct of operational missions in and around the Arabian Peninsula. Further, under the stated authority, I hereby authorize the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when the latter is not operating as a service in the Department of the Navy, to order to active duty units and individual members not assigned to units, of the Selected Reserve. This order is intended only to improve the internal management of the executive branch, and 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.

This order shall be published in the Federal Register and transmitted promptly to the Congress.

Ex. ORD. No. 12724. BLOCKING IRAQI GOVERNMENT PROPERTY AND PROHIBITING TRANSACTIONS WITH IRAQ1

(AUGUST 9, 1990)

By the authority vested in me as President by the Constitution and laws of the United States of America, including the Inter

1 1 Presidential Administrative Order issued on July 21, 1992 (57 F.R. 32875) provided: On August 2, 1990, by Executive Order No. 12722, I declared a national emergency to deal with the unusual and extraordinary threat to the national security and foreign policy of the Continued