[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]


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                         Presidential Documents 
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  Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / 
Presidential Documents  

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 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;

[[Page 16652]]

(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)

[[Page 16653]]

                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).

[[Page 16656]]

                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.

[[Page 16657]]

                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.

[[Page 16658]]

                    (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