[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Presidential Documents]
[Pages 16651-16660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7019]
Presidential Documents
Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 16651]]
Executive Order 13603 of March 16, 2012
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;
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(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)
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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.
[[Page 16654]]
(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.
[[Page 16655]]
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).
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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.
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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.
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(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.
[[Page 16659]]
(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.
[[Page 16660]]
(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.
(Presidential Sig.)
THE WHITE HOUSE,
March 16, 2012.
[FR Doc. 2012-7019
Filed 3-21-12; 8:45 am]
Billing code 3295-F2-P