This Presidential Executive Order has a lot about food
and food supplies in it,
so VERMONTERS better read it!
WHITE HOUSE
http://www.whitehouse.govFor Immediate Release March 16, 2012
Executive Order -- National Defense Resources Preparedness
EXECUTIVE ORDER by President Barack Obama
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 establishmen
t 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
(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.
Executive Office of the President
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