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- 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.
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