National Defense Resources Preparedness
Executive Order
The White House
Office of the Press Secretary
For Immediate Release
March 16, 2012
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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.
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NOTES
Published on October 22nd, 2016
The M+G+R Foundation
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