The White House
Office of the Press Secretary
For Immediate Release
March 16, 2012
Executive Order -- National Defense Resources Preparedness
EXECUTIVE ORDER
NATIONAL DEFENSE RESOURCES PREPAREDNESS
Entire text below the fold.
It seems to me that this gives Osama and his
successors the power to do anything with anything, any time he feels
like it, as ling as he can declare some sort of "emergency".
The White House
Office of the Press Secretary
For Immediate Release
March 16, 2012
Executive Order -- National Defense Resources Preparedness
EXECUTIVE ORDER
NATIONAL DEFENSE
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 (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 resource
policies and programs under the Defense Production Act of 1950, as amended (the
"Act").
Sec. 102. Policy.
The United States must have an industrial and technological base capable of
meeting national defense requirements and capable of contributing to the
technological superiority of its national 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 the national defense needs of the United States.
Sec. 103. General
Functions. Executive departments and agencies (agencies) responsible
for plans and programs relating to national defense (as defined in section
801(j) of this order), or for resources and services needed to support such
plans and programs, shall:
(a) identify requirements for
the full spectrum of emergencies, including essential military and civilian
demand;
(b) assess on an ongoing
basis the capability of the domestic industrial and technological base to
satisfy requirements in peacetime and times of national emergency, specifically
evaluating the availability of the most critical 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 resources and production
capability, including services and critical technology, for national defense
requirements;
(d) improve the efficiency
and responsiveness of the domestic industrial base to support national defense
requirements; and
(e) foster cooperation
between the defense and commercial sectors for research and development and for
acquisition of materials, services, components, and equipment to enhance
industrial base efficiency and responsiveness.
Sec. 104. Implementation.
(a) The National Security Council and Homeland Security Council, in
conjunction with the National Economic Council, shall serve as the integrated
policymaking forum for consideration and formulation of national defense
resource preparedness policy and shall make recommendations to the President on
the use of authorities under the Act.
(b) The
Secretary of Homeland Security shall:
(1)
advise the President on issues of national defense 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 to
agencies assigned functions under this order, developed in consultation with
such agencies; and
(3)
report to the President periodically concerning all program activities
conducted pursuant to this order.
(c) The
Defense Production Act Committee, described in section 701 of this order,
shall:
(1)
in a manner consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b),
advise the President through the Assistant to the President and National
Security Advisor, the Assistant to the President for Homeland Security and
Counterterrorism, and the Assistant to the President for Economic Policy on the
effective use of the authorities under the Act; and
(2)
prepare and coordinate an annual report to the Congress pursuant to section
722(d) of the Act, 50 U.S.C. App. 2171(d).
(d) The
Secretary of Commerce, in cooperation with the Secretary of Defense, the
Secretary of Homeland Security, and other agencies, shall:
(1)
analyze potential effects of national emergencies on actual production
capability, taking into account the entire production system, including
shortages of resources, and develop recommended preparedness measures to
strengthen capabilities for production increases in national emergencies; and
(2)
perform industry analyses to assess capabilities of the industrial base to
support the national defense, and develop policy recommendations to improve the
international competitiveness of specific domestic industries and their
abilities to meet national defense program needs.
PART II - PRIORITIES
AND ALLOCATIONS
Sec. 201. Priorities
and Allocations Authorities. (a) The authority of the President
conferred by section 101 of the Act, 50 U.S.C. App. 2071, 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, livestock resources, veterinary resources, plant health resources,
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 with respect to all other materials, services, and
facilities, including construction materials.
(b) The Secretary of each
agency delegated authority under subsection (a) of this section (resource
departments) shall plan for and issue regulations to prioritize and allocate
resources and establish standards and procedures by which the authority shall
be used to promote the national defense, under both emergency and non-emergency
conditions. Each Secretary shall authorize the heads of other agencies,
as appropriate, to place priority ratings on contracts and orders for materials,
services, and facilities needed in support of programs approved under section
202 of this order.
(c) Each resource department
shall act, as necessary and appropriate, upon requests for special priorities
assistance, as defined by section 801(l) of this order, in a time frame
consistent with the urgency of the need at hand. In situations where
there are competing program requirements for limited resources, the resource
department shall consult with the Secretary who made the required determination
under section 202 of this order. Such Secretary shall coordinate with and
identify for the resource department which program requirements to prioritize
on the basis of operational urgency. In situations involving more than
one Secretary making such a required determination under section 202 of this
order, the Secretaries shall coordinate with and identify for the resource
department which program requirements should receive priority on the basis of
operational urgency.
(d) If agreement cannot be reached
between two such Secretaries, then the issue shall be referred to the President
through the Assistant to the President and National Security Advisor and the
Assistant to the President for Homeland Security and Counterterrorism.
(e) The Secretary of each
resource department, when necessary, shall make the finding required under
section 101(b) of the Act, 50 U.S.C. App. 2071(b). This finding shall be
submitted for the President's approval through the Assistant to the President
and National Security Advisor and the Assistant to the President for Homeland
Security and Counterterrorism. Upon such approval, the Secretary of the
resource department that made the finding may use the authority of section
101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution
of any material (including applicable services) in the civilian market.
Sec. 202. Determinations.
Except as provided in section 201(e) of this order, 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 to foreign nations, military use of civil transportation,
stockpiles managed by the Department of Defense, 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; and
(c) by the
Secretary of Homeland Security with respect to all other national defense
programs, including civil defense and continuity of Government.
Sec. 203. Maximizing
Domestic Energy Supplies. The authorities of the President under
section 101(c)(1) (2) of the Act, 50 U.S.C. App. 2071(c)(1) (2), are delegated
to the Secretary of Commerce, with the exception that the authority to make
findings that materials (including equipment), services, and facilities are
critical and essential, as described in section 101(c)(2)(A) of the Act, 50
U.S.C. App. 2071(c)(2)(A), is delegated to the Secretary of Energy.
Sec. 204. Chemical
and Biological Warfare. The authority of the President conferred by
section 104(b) of the Act, 50 U.S.C. App. 2074(b), is delegated to the
Secretary of Defense. This authority may not be further delegated by the
Secretary.
PART III - EXPANSION OF
PRODUCTIVE CAPACITY AND SUPPLY
Sec. 301. Loan
Guarantees. (a) To reduce current or projected shortfalls of
resources, critical technology items, or materials essential for the national
defense, the head of each agency engaged in procurement for the national
defense, as defined in section 801(h) of this order, is authorized pursuant to
section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by private
institutions.
(b) Each guaranteeing agency
is designated and authorized to: (1) act as fiscal agent in the making of
its own guarantee contracts and in otherwise carrying out the purposes of
section 301 of the Act; and (2) contract with any Federal Reserve Bank to
assist the agency in serving as fiscal agent.
(c) Terms and conditions of
guarantees under this authority shall be determined in consultation with the
Secretary of the Treasury and the Director of the Office of Management and
Budget (OMB). The guaranteeing agency is authorized, following such
consultation, to prescribe: (1) either specifically or by maximum limits
or otherwise, rates of interest, guarantee and commitment fees, and other
charges which may be made in connection with such guarantee contracts; and (2)
regulations governing the forms and procedures (which shall be uniform to the
extent practicable) to be utilized in connection therewith.
Sec. 302. Loans.
To reduce current or projected shortfalls of resources, critical technology
items, or materials essential for the national defense, the head of each agency
engaged in procurement for the national defense is delegated the authority of
the President under section 302 of the Act, 50 U.S.C. App. 2092, to make loans
thereunder. Terms and conditions of loans under this authority shall be
determined in consultation with the Secretary of the Treasury and the Director
of OMB.
Sec. 303. Additional
Authorities. (a) To create, maintain, protect, expand, or
restore domestic industrial base capabilities essential for the national
defense, the head of each agency engaged in procurement for the national
defense is delegated the authority of the President under section 303 of the
Act, 50 U.S.C. App. 2093, to make provision for purchases of, or commitments to
purchase, an industrial resource or a critical technology item for Government
use or resale, and to make provision for the development of production capabilities,
and for the increased use of emerging technologies in security program
applications, and to enable rapid transition of emerging technologies.
(b) Materials acquired under
section 303 of the Act, 50 U.S.C. App. 2093, that exceed the needs of the programs
under the Act may be transferred to the National Defense Stockpile, if, in the
judgment of the Secretary of Defense as the National Defense Stockpile Manager,
such transfers are in the public interest.
Sec. 304. Subsidy
Payments. To ensure the supply of raw or nonprocessed materials from
high cost sources, or to ensure maximum production or supply in any area at
stable prices of any materials in light of a temporary increase in
transportation cost, the head of each agency engaged in procurement for the
national defense is delegated the authority of the President under section
303(c) of the Act, 50 U.S.C. App. 2093(c), to make subsidy payments, after
consultation with the Secretary of the Treasury and the Director of OMB.
Sec. 305. Determinations
and Findings. (a) Pursuant to budget authority provided by an
appropriations act in advance for credit assistance under section 301 or 302 of
the Act, 50 U.S.C. App. 2091, 2092, and consistent with the Federal Credit
Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head
of each agency engaged in procurement for the national defense is delegated the
authority to make the determinations set forth in sections 301(a)(2) and
302(b)(2) of the Act, in consultation with the Secretary making the required
determination under section 202 of this order; provided, that such
determinations shall be made after due consideration of the provisions of OMB
Circular A 129 and the credit subsidy score for the relevant loan or loan
guarantee as approved by OMB pursuant to FCRA.
(b) Other than any
determination by the President under section 303(a)(7)(b) of the Act, the head
of each agency engaged in procurement for the national defense is delegated the
authority to make the required determinations, judgments, certifications,
findings, and notifications defined under section 303 of the Act, 50 U.S.C.
App. 2093, in consultation with the Secretary making the required determination
under section 202 of this order.
Sec. 306. Strategic
and Critical Materials. The Secretary of Defense, and the Secretary
of the Interior in consultation with the Secretary of Defense as the National
Defense Stockpile Manager, are each delegated the authority of the President
under section 303(a)(1)(B) of the Act, 50 U.S.C. App. 2093(a)(1)(B), to
encourage the exploration, development, and mining of strategic and critical
materials and other materials.
Sec. 307. Substitutes.
The head of each agency engaged in procurement for the national defense is
delegated the authority of the President under section 303(g) of the Act, 50
U.S.C. App. 2093(g), to make provision for the development of substitutes for
strategic and critical materials, critical components, critical technology
items, and other resources to aid the national defense.
Sec. 308. Government-Owned
Equipment. The head of each agency engaged in procurement for the
national defense is delegated the authority of the President under section
303(e) of the Act, 50 U.S.C. App. 2093(e), to:
(a) procure and install
additional equipment, facilities, processes, or improvements to plants,
factories, and other industrial facilities owned by the Federal Government and
to procure and install Government owned equipment in plants, factories, or
other industrial facilities owned by private persons;
(b) provide for the
modification or expansion of privately owned facilities, including the
modification or improvement of production processes, when taking actions under
sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093; and
(c) sell or otherwise
transfer equipment owned by the Federal Government and installed under section
303(e) of the Act, 50 U.S.C. App. 2093(e), to the owners of such plants,
factories, or other industrial facilities.
Sec. 309. Defense
Production Act Fund. The Secretary of Defense is designated the
Defense Production Act Fund Manager, in accordance with section 304(f) of the
Act, 50 U.S.C. App. 2094(f), and shall carry out the duties specified in
section 304 of the Act, in consultation with the agency heads having approved,
and appropriated funds for, projects under title III of the Act.
Sec. 310. Critical
Items. The head of each agency engaged in procurement for the
national defense is delegated the authority of the President under section
107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to
ensure that critical components, critical technology items, essential
materials, and industrial resources are available from reliable sources when
needed to meet defense requirements during peacetime, graduated mobilization,
and national emergency. Appropriate action may include restricting
contract solicitations to reliable sources, restricting contract solicitations
to domestic sources (pursuant to statutory authority), stockpiling critical
components, and developing substitutes for critical components or critical
technology items.
Sec. 311. Strengthening
Domestic Capability. The head of each agency engaged in procurement
for the national defense is delegated the authority of the President under
section 107(a) of the Act, 50 U.S.C. App. 2077(a), to utilize the authority of
title III of the Act or any other provision of law to provide appropriate
incentives to develop, maintain, modernize, restore, and expand the productive
capacities of domestic sources for critical components, critical technology
items, materials, and industrial resources essential for the execution of the
national security strategy of the United States.
Sec. 312. Modernization
of Equipment. The head of each agency engaged in procurement for the
national defense, in accordance with section 108(b) of the Act, 50 U.S.C. App.
2078(b), may utilize the authority of title III of the Act to guarantee the
purchase or lease of advance manufacturing equipment, and any related services
with respect to any such equipment for purposes of the Act. In
considering title III projects, the head of each agency engaged in procurement
for the national defense shall provide a strong preference for proposals
submitted by a small business supplier or subcontractor in accordance with
section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2).
PART IV - VOLUNTARY
AGREEMENTS AND ADVISORY COMMITTEES
Sec. 401. Delegations.
The authority of the President under sections 708(c) and (d) of the Act, 50
U.S.C. App. 2158(c), (d), is delegated to the heads of agencies otherwise
delegated authority under this order. The status of the use of such
delegations shall be furnished to the Secretary of Homeland Security.
Sec. 402. Advisory
Committees. The authority of the President under section 708(d) of
the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 of this order
(relating to establishment of advisory committees) shall be exercised only
after consultation with, and in accordance with, guidelines and procedures
established by the Administrator of General Services.
Sec. 403. Regulations.
The Secretary of Homeland Security, after approval of the Attorney General, and
after consultation by the Attorney General with the Chairman of the Federal
Trade Commission, shall promulgate rules pursuant to section 708(e) of the Act,
50 U.S.C. App. 2158(e), incorporating standards and procedures by which
voluntary agreements and plans of action may be developed and carried
out. Such rules may be adopted by other agencies to fulfill the
rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e).
PART V - EMPLOYMENT OF
PERSONNEL
Sec. 501. National
Defense Executive Reserve. (a) In accordance with section 710(e) of
the Act, 50 U.S.C. App. 2160(e), there is established in the executive branch a
National Defense Executive Reserve (NDER) composed of persons of recognized
expertise from various segments of the private sector and from Government
(except full time Federal employees) for training for employment in executive
positions in the Federal Government in the event of a national defense
emergency.
(b) The Secretary of Homeland
Security shall issue necessary guidance for the NDER program, including
appropriate guidance for establishment, recruitment, training, monitoring, and
activation of NDER units and shall be responsible for the overall coordination
of the NDER program. The authority of the President under section 710(e)
of the Act, 50 U.S.C. App. 2160(e), to determine periods of national defense
emergency is delegated to the Secretary of Homeland Security.
(c) The head of any agency
may implement section 501(a) of this order with respect to NDER operations in such
agency.
(d) The head of each agency
with an NDER unit may exercise the authority under section 703 of the Act, 50
U.S.C. App. 2153, to employ civilian personnel when activating all or a part of
its NDER unit. The exercise of this authority shall be subject to the
provisions of sections 501(e) and (f) of this order and shall not be
redelegated.
(e) The head of an agency may
activate an NDER unit, in whole or in part, upon the written determination of
the Secretary of Homeland Security that an emergency affecting the national
defense exists and that the activation of the unit is necessary to carry out
the emergency program functions of the agency.
(f) Prior to activating the
NDER unit, the head of the agency shall notify, in writing, the Assistant to
the President for Homeland Security and Counterterrorism of the impending
activation.
Sec. 502. Consultants.
The head of each agency otherwise delegated functions under this order is
delegated the authority of the President under sections 710(b) and (c) of the
Act, 50 U.S.C. App. 2160(b), (c), to employ persons of outstanding experience
and ability without compensation and to employ experts, consultants, or
organizations. The authority delegated by this section may not be
redelegated.
PART VI - LABOR
REQUIREMENTS
Sec. 601. Secretary
of Labor. (a) The Secretary of Labor, in coordination with the
Secretary of Defense and the heads of other agencies, as deemed appropriate by
the Secretary of Labor, shall:
(1) collect
and maintain data necessary to make a continuing appraisal of the Nation's
workforce needs for purposes of national defense;
(2) upon
request by the Director of Selective Service, and in coordination with the
Secretary of Defense, assist the Director of Selective Service in development
of policies regulating the induction and deferment of persons for duty in the
armed services;
(3) upon
request from the head of an agency with authority under this order, consult
with that agency with respect to: (i) the effect of contemplated actions
on labor demand and utilization; (ii) the relation of labor demand to materials
and facilities requirements; and (iii) such other matters as will assist in
making the exercise of priority and allocations functions consistent with
effective utilization and distribution of labor;
(4) upon
request from the head of an agency with authority under this order: (i)
formulate plans, programs, and policies for meeting the labor requirements of
actions to be taken for national defense purposes; and (ii) estimate training
needs to help address national defense requirements and promote necessary and
appropriate training programs; and
(5) develop
and implement an effective labor management relations policy to support the
activities and programs under this order, with the cooperation of other
agencies as deemed appropriate by the Secretary of Labor, including the
National Labor Relations Board, the Federal Labor Relations Authority, the
National Mediation Board, and the Federal Mediation and Conciliation Service.
(b) All agencies shall
cooperate with the Secretary of Labor, upon request, for the purposes of this
section, to the extent permitted by law.
PART VII - DEFENSE
PRODUCTION ACT COMMITTEE
Sec. 701. The
Defense Production Act Committee. (a) The Defense Production
Act Committee (Committee) shall be composed of the following members, in
accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b):
(1)
The Secretary of State;
(2)
The Secretary of the Treasury;
(3)
The Secretary of Defense;
(4)
The Attorney General;
(5)
The Secretary of the Interior;
(6)
The Secretary of Agriculture;
(7)
The Secretary of Commerce;
(8)
The Secretary of Labor;
(9)
The Secretary of Health and Human Services;
(10) The
Secretary of Transportation;
(11) The
Secretary of Energy;
(12) The
Secretary of Homeland Security;
(13) The
Director of National Intelligence;
(14) The
Director of the Central Intelligence Agency;
(15) The
Chair of the Council of Economic Advisers;
(16) The
Administrator of the National Aeronautics and Space Administration; and
(17) The
Administrator of General Services.
(b) The Director of OMB and
the Director of the Office of Science and Technology Policy shall be invited to
participate in all Committee meetings and activities in an advisory role.
The Chairperson, as designated by the President pursuant to section 722 of the
Act, 50 U.S.C. App. 2171, may invite the heads of other agencies or offices to
participate in Committee meetings and activities in an advisory role, as
appropriate.
Sec. 702. Offsets.
The Secretary of Commerce shall prepare and submit to the Congress the annual
report required by section 723 of the Act, 50 U.S.C. App. 2172, in consultation
with the Secretaries of State, the Treasury, Defense, and Labor, the United
States Trade Representative, the Director of National Intelligence, and the
heads of other agencies as appropriate. The heads of agencies shall
provide the Secretary of Commerce with such information as may be necessary for
the effective performance of this function.
PART VIII - GENERAL
PROVISIONS
Sec. 801. Definitions.
In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152,
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
related public storage and warehousing, ports, services, equipment and
facilities, such as transportation carrier shop and repair facilities.
"Civil transportation" also shall include direction, control, and
coordination of civil transportation capacity regardless of ownership.
"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.
(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), solar, wind, other types of
renewable energy, 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 potable water packaged
in commercially marketable containers, all starches, sugars, vegetable and animal
or marine fats and oils, seed, cotton, hemp, and flax fiber, 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, 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 agency
engaged in procurement for the national defense" means the heads of the
Departments of State, Justice, the Interior, and Homeland Security, the Office
of the Director of National Intelligence, the Central Intelligence Agency, the
National Aeronautics and Space Administration, the General Services
Administration, and all other agencies with authority delegated under section
201 of this order.
(i) "Health
resources" means drugs, biological products, medical devices, materials,
facilities, health supplies, services and equipment required to diagnose,
mitigate or prevent the impairment of, improve, treat, cure, or restore the
physical or mental health conditions of the population.
(j) "National
defense" means programs for military and energy production or
construction, military or critical infrastructure assistance to any foreign
nation, homeland security, stockpiling, space, and any directly related
activity. Such term includes emergency preparedness activities conducted
pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure
protection and restoration.
(k) "Offsets" means
compensation practices required as a condition of purchase in either government
to government or commercial sales of defense articles and/or defense services
as defined by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and
the International Traffic in Arms Regulations, 22 C.F.R. 120.1 130.17.
(l) "Special priorities
assistance" means action by resource departments to assist with expediting
deliveries, placing rated orders, locating suppliers, resolving production or
delivery conflicts between various rated orders, addressing problems that arise
in the fulfillment of a rated order or other action authorized by a delegated
agency, and determining the validity of rated orders.
(m) "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 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.
(n) "Water
resources" means all usable water, from all sources, within the
jurisdiction of the United States, that can be managed, controlled, and
allocated to meet emergency requirements, except "water resources"
does not include usable water that qualifies as "food resources."
Sec. 802. General.
(a) Except as otherwise provided in section 802(c) of this order, the
authorities vested in the President by title VII of the Act, 50 U.S.C. App.
2151 et seq., are delegated to the head of each agency in carrying out
the delegated authorities under the Act and this order, by the Secretary of
Labor in carrying out part VI of this order, and by the Secretary of the
Treasury in exercising the functions assigned in Executive Order 11858, as
amended.
(b) The authorities that may
be exercised and performed pursuant to section 802(a) of this order shall
include:
(1) the
power to redelegate authorities, and to authorize the successive redelegation
of authorities to agencies, officers, and employees of the Government; and
(2) the
power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155, with
respect to (i) authorities delegated in parts II, III, and section 702 of this
order, and (ii) the functions assigned to the Secretary of the Treasury in
Executive Order 11858, as amended, provided that the subpoena power referenced
in subsections (i) and (ii) shall be utilized only after the scope and purpose
of the investigation, inspection, or inquiry to which the subpoena relates have
been defined either by the appropriate officer identified in section 802(a) of
this order or by such other person or persons as the officer shall designate.
(c) Excluded from the
authorities delegated by section 802(a) of this order are authorities delegated
by parts IV and V of this order, authorities in section 721 and 722 of the Act,
50 U.S.C. App. 2170 2171, and the authority with respect to fixing compensation
under section 703 of the Act, 50 U.S.C. App. 2153.
Sec. 803. Authority.
(a) Executive Order 12919 of June 3, 1994, and sections 401(3) (4) of
Executive Order 12656 of November 18, 1988, are revoked. All other
previously issued orders, regulations, rulings, certificates, directives, and
other actions relating to any function affected by this order shall remain in
effect except as they are inconsistent with this order or are subsequently
amended or revoked under proper authority. Nothing in this order shall
affect the validity or force of anything done under previous delegations or
other assignment of authority under the Act.
(b) Nothing in this order
shall affect the authorities assigned under Executive Order 11858 of May 7,
1975, as amended, except as provided in section 802 of this order.
(c) Nothing in this order
shall affect the authorities assigned under Executive Order 12472 of April 3,
1984, as amended.
Sec. 804. General
Provisions. (a) Nothing in this order shall be construed to
impair or otherwise affect functions of the Director of OMB relating to
budgetary, administrative, or legislative proposals.
(b) This order shall be
implemented consistent with applicable law and subject to the availability of
appropriations.
(c) This order is not
intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party against the United
States, its departments, agencies, or entities, its officers, employees, or
agents, or any other person.
BARACK OBAMA
THE WHITE HOUSE,
March 16, 2012.
March 16, 2012.
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