President Clinton signed an updated Executive Order in June of 1994. It is detailed in its list of what the Federal government can
confiscate.
The Federal Emergency Management Agency is the major agency under this executive order.
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. . . .
(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.
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