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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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