WHAT!!!!!!!! Look at this!!!!
Obama Prepares for "National Emergency": nationalize everything
(even you) w/o congressional oversight
Have you seen the latest totalitarian
executive order der fuhrer signed yesterday? Check it out. It's a jaw-dropper,
except for those who have been awake.
It calls for a draft, but not just a draft. A civilian draft, of “persons
of outstanding experience or ability” without compensation. If they think they
need you, they can compel you to work for the government for nothing.
They can, under this order, restrict civilian travel by any mode, including
(probably) foot travel. They can ration food. They can restrict water usage,
even from private wells. They can ration any and all drugs, including OTC and
vitamins. They can collectivize farms. They can take over all energy production,
including home solar units.
It also allows for drafting civilians. If they have need of your skills,
they can compel you to work for no compensation.
All this not in a time of war, but in time of “National Emergency” (several
EO national emergency states already in place) or even in Peacetime.
And he hasn't even won re-election ....... Yet. One can only imagine what
the saboteur has in store for us.
Executive Order: National Defense Resources Preparedness hat tip Free
Republic (thanks to Cathy D)
The White House ^ | 3/16/12 | The White House
The White House
Office of the Press Secretary
For Immediate Release March 16, 2012 Executive Order -- National Defense
Resources Preparedness EXECUTIVE ORDER
NATIONAL DEFENSE RESOURCES PREPAREDNESS
By the authority vested in me as President by the Constitution and the laws
of the United States of America, including the Defense Production Act of 1950,
as amended (50 U.S.C. App. 2061 et seq.), and section 301 of title 3, United
States Code, and as Commander in Chief of the Armed Forces of the United States,
it is hereby ordered as follows:
PART I - PURPOSE, POLICY, AND IMPLEMENTATION
Section 101. Purpose. This order delegates authorities and addresses
national defense resource policies and programs under the Defense Production Act
of 1950, as amended (the "Act").
Sec. 102. Policy. The United States must have an industrial and
technological base capable of meeting national defense requirements and capable
of contributing to the technological superiority of its national defense
equipment in peacetime and in times of national emergency. The domestic
industrial and technological base is the foundation for national defense
preparedness. The authorities provided in the Act shall be used to strengthen
this base and to ensure it is capable of responding to the national defense
needs of the United States.
Sec. 103. General Functions. Executive departments and agencies (agencies)
responsible for plans and programs relating to national defense (as defined in
section 801(j) of this order), or for resources and services needed to support
such plans and programs, shall:
(a) identify requirements for the full spectrum of emergencies, including
essential military and civilian demand;
(b) assess on an ongoing basis the capability of the domestic industrial
and technological base to satisfy requirements in peacetime and times of
national emergency, specifically evaluating the availability of the most
critical resource and production sources, including subcontractors and
suppliers, materials, skilled labor, and professional and technical
personnel;
(c) be prepared, in the event of a potential threat to the security of the
United States, to take actions necessary to ensure the availability of adequate
resources and production capability, including services and critical technology,
for national defense requirements;
(d) improve the efficiency and responsiveness of the domestic industrial
base to support national defense requirements; and
(e) foster cooperation between the defense and commercial sectors for
research and development and for acquisition of materials, services, components,
and equipment to enhance industrial base efficiency and responsiveness.
Sec. 104. Implementation. (a) The National Security Council and Homeland
Security Council, in conjunction with the National Economic Council, shall serve
as the integrated policymaking forum for consideration and formulation of
national defense resource preparedness policy and shall make recommendations to
the President on the use of authorities under the Act.
(b) The Secretary of Homeland Security shall:
(1) advise the President on issues of national defense resource
preparedness and on the use of the authorities and functions delegated by this
order;
(2) provide for the central coordination of the plans and programs incident
to authorities and functions delegated under this order, and provide guidance to
agencies assigned functions under this order, developed in consultation with
such agencies; and
(3) report to the President periodically concerning all program activities
conducted pursuant to this order.
(c) The Defense Production Act Committee, described in section 701 of this
order, shall:
(1) in a manner consistent with section 2(b) of the Act, 50 U.S.C. App.
2062(b), advise the President through the Assistant to the President and
National Security Advisor, the Assistant to the President for Homeland Security
and Counterterrorism, and the Assistant to the President for Economic Policy on
the effective use of the authorities under the Act; and
(2) prepare and coordinate an annual report to the Congress pursuant to
section 722(d) of the Act, 50 U.S.C. App. 2171(d).
(d) The Secretary of Commerce, in cooperation with the Secretary of
Defense, the Secretary of Homeland Security, and other agencies, shall:
(1) analyze potential effects of national emergencies on actual production
capability, taking into account the entire production system, including
shortages of resources, and develop recommended preparedness measures to
strengthen capabilities for production increases in national emergencies;
and
(2) perform industry analyses to assess capabilities of the industrial base
to support the national defense, and develop policy recommendations to improve
the international competitiveness of specific domestic industries and their
abilities to meet national defense program needs.
PART II - PRIORITIES AND ALLOCATIONS
Sec. 201. Priorities and Allocations Authorities. (a) The authority of the
President conferred by section 101 of the Act, 50 U.S.C. App. 2071, to require
acceptance and priority performance of contracts or orders (other than contracts
of employment) to promote the national defense over performance of any other
contracts or orders, and to allocate materials, services, and facilities as
deemed necessary or appropriate to promote the national defense, is delegated to
the following agency heads:
(1) the Secretary of Agriculture with respect to food resources, food
resource facilities, livestock resources, veterinary resources, plant health
resources, and the domestic distribution of farm equipment and commercial
fertilizer;
(2) the Secretary of Energy with respect to all forms of energy;
(3) the Secretary of Health and Human Services with respect to health
resources;
(4) the Secretary of Transportation with respect to all forms of civil
transportation;
(5) the Secretary of Defense with respect to water resources; and
(6) the Secretary of Commerce with respect to all other materials,
services, and facilities, including construction materials.
(b) The Secretary of each agency delegated authority under subsection (a)
of this section (resource departments) shall plan for and issue regulations to
prioritize and allocate resources and establish standards and procedures by
which the authority shall be used to promote the national defense, under both
emergency and non-emergency conditions. Each Secretary shall authorize the heads
of other agencies, as appropriate, to place priority ratings on contracts and
orders for materials, services, and facilities needed in support of programs
approved under section 202 of this order.
(c) Each resource department shall act, as necessary and appropriate, upon
requests for special priorities assistance, as defined by section 801(l) of this
order, in a time frame consistent with the urgency of the need at hand. In
situations where there are competing program requirements for limited resources,
the resource department shall consult with the Secretary who made the required
determination under section 202 of this order. Such Secretary shall coordinate
with and identify for the resource department which program requirements to
prioritize on the basis of operational urgency. In situations involving more
than one Secretary making such a required determination under section 202 of
this order, the Secretaries shall coordinate with and identify for the resource
department which program requirements should receive priority on the basis of
operational urgency.
(d) If agreement cannot be reached between two such Secretaries, then the
issue shall be referred to the President through the Assistant to the President
and National Security Advisor and the Assistant to the President for Homeland
Security and Counterterrorism.
(e) The Secretary of each resource department, when necessary, shall make
the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b).
This finding shall be submitted for the President's approval through the
Assistant to the President and National Security Advisor and the Assistant to
the President for Homeland Security and Counterterrorism. Upon such approval,
the Secretary of the resource department that made the finding may use the
authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the
general distribution of any material (including applicable services) in the
civilian market.
Sec. 202. Determinations. Except as provided in section 201(e) of this
order, the authority delegated by section 201 of this order may be used only to
support programs that have been determined in writing as necessary or
appropriate to promote the national defense:
(a) by the Secretary of Defense with respect to military production and
construction, military assistance to foreign nations, military use of civil
transportation, stockpiles managed by the Department of Defense, space, and
directly related activities;
(b) by the Secretary of Energy with respect to energy production and
construction, distribution and use, and directly related activities; and
(c) by the Secretary of Homeland Security with respect to all other
national defense programs, including civil defense and continuity of
Government.
Sec. 203. Maximizing Domestic Energy Supplies. The authorities of the
President under section 101(c)(1) (2) of the Act, 50 U.S.C. App. 2071(c)(1) (2),
are delegated to the Secretary of Commerce, with the exception that the
authority to make findings that materials (including equipment), services, and
facilities are critical and essential, as described in section 101(c)(2)(A) of
the Act, 50 U.S.C. App. 2071(c)(2)(A), is delegated to the Secretary of
Energy.
Sec. 204. Chemical and Biological Warfare. The authority of the President
conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b), is delegated to
the Secretary of Defense. This authority may not be further delegated by the
Secretary.
PART III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
Sec. 301. Loan Guarantees. (a) To reduce current or projected shortfalls of
resources, critical technology items, or materials essential for the national
defense, the head of each agency engaged in procurement for the national
defense, as defined in section 801(h) of this order, is authorized pursuant to
section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by private
institutions.
(b) Each guaranteeing agency is designated and authorized to: (1) act as
fiscal agent in the making of its own guarantee contracts and in otherwise
carrying out the purposes of section 301 of the Act; and (2) contract with any
Federal Reserve Bank to assist the agency in serving as fiscal agent.
(c) Terms and conditions of guarantees under this authority shall be
determined in consultation with the Secretary of the Treasury and the Director
of the Office of Management and Budget (OMB). The guaranteeing agency is
authorized, following such consultation, to prescribe: (1) either specifically
or by maximum limits or otherwise, rates of interest, guarantee and commitment
fees, and other charges which may be made in connection with such guarantee
contracts; and (2) regulations governing the forms and procedures (which shall
be uniform to the extent practicable) to be utilized in connection
therewith.
Sec. 302. Loans. To reduce current or projected shortfalls of resources,
critical technology items, or materials essential for the national defense, the
head of each agency engaged in procurement for the national defense is delegated
the authority of the President under section 302 of the Act, 50 U.S.C. App.
2092, to make loans thereunder. Terms and conditions of loans under this
authority shall be determined in consultation with the Secretary of the Treasury
and the Director of OMB.
Sec. 303. Additional Authorities. (a) To create, maintain, protect, expand,
or restore domestic industrial base capabilities essential for the national
defense, the head of each agency engaged in procurement for the national defense
is delegated the authority of the President under section 303 of the Act, 50
U.S.C. App. 2093, to make provision for purchases of, or commitments to
purchase, an industrial resource or a critical technology item for Government
use or resale, and to make provision for the development of production
capabilities, and for the increased use of emerging technologies in security
program applications, and to enable rapid transition of emerging
technologies.
(b) Materials acquired under section 303 of the Act, 50 U.S.C. App. 2093,
that exceed the needs of the programs under the Act may be transferred to the
National Defense Stockpile, if, in the judgment of the Secretary of Defense as
the National Defense Stockpile Manager, such transfers are in the public
interest.
Sec. 304. Subsidy Payments. To ensure the supply of raw or nonprocessed
materials from high cost sources, or to ensure maximum production or supply in
any area at stable prices of any materials in light of a temporary increase in
transportation cost, the head of each agency engaged in procurement for the
national defense is delegated the authority of the President under section
303(c) of the Act, 50 U.S.C. App. 2093(c), to make subsidy payments, after
consultation with the Secretary of the Treasury and the Director of OMB.
Sec. 305. Determinations and Findings. (a) Pursuant to budget authority
provided by an appropriations act in advance for credit assistance under section
301 or 302 of the Act, 50 U.S.C. App. 2091, 2092, and consistent with the
Federal Credit Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the
head of each agency engaged in procurement for the national defense is delegated
the authority to make the determinations set forth in sections 301(a)(2) and
302(b)(2) of the Act, in consultation with the Secretary making the required
determination under section 202 of this order; provided, that such
determinations shall be made after due consideration of the provisions of OMB
Circular A 129 and the credit subsidy score for the relevant loan or loan
guarantee as approved by OMB pursuant to FCRA.
(b) Other than any determination by the President under section
303(a)(7)(b) of the Act, the head of each agency engaged in procurement for the
national defense is delegated the authority to make the required determinations,
judgments, certifications, findings, and notifications defined under section 303
of the Act, 50 U.S.C. App. 2093, in consultation with the Secretary making the
required determination under section 202 of this order.
Sec. 306. Strategic and Critical Materials. The Secretary of Defense, and
the Secretary of the Interior in consultation with the Secretary of Defense as
the National Defense Stockpile Manager, are each delegated the authority of the
President under section 303(a)(1)(B) of the Act, 50 U.S.C. App. 2093(a)(1)(B),
to encourage the exploration, development, and mining of strategic and critical
materials and other materials.
Sec. 307. Substitutes. The head of each agency engaged in procurement for
the national defense is delegated the authority of the President under section
303(g) of the Act, 50 U.S.C. App. 2093(g), to make provision for the development
of substitutes for strategic and critical materials, critical components,
critical technology items, and other resources to aid the national
defense.
Sec. 308. Government-Owned Equipment. The head of each agency engaged in
procurement for the national defense is delegated the authority of the President
under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to:
(a) procure and install additional equipment, facilities, processes, or
improvements to plants, factories, and other industrial facilities owned by the
Federal Government and to procure and install Government owned equipment in
plants, factories, or other industrial facilities owned by private
persons;
(b) provide for the modification or expansion of privately owned
facilities, including the modification or improvement of production processes,
when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App.
2091, 2092, 2093; and
(c) sell or otherwise transfer equipment owned by the Federal Government
and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to the
owners of such plants, factories, or other industrial facilities.
Sec. 309. Defense Production Act Fund. The Secretary of Defense is
designated the Defense Production Act Fund Manager, in accordance with section
304(f) of the Act, 50 U.S.C. App. 2094(f), and shall carry out the duties
specified in section 304 of the Act, in consultation with the agency heads
having approved, and appropriated funds for, projects under title III of the
Act.
Sec. 310. Critical Items. The head of each agency engaged in procurement
for the national defense is delegated the authority of the President under
section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1), to take appropriate
action to ensure that critical components, critical technology items, essential
materials, and industrial resources are available from reliable sources when
needed to meet defense requirements during peacetime, graduated mobilization,
and national emergency. Appropriate action may include restricting contract
solicitations to reliable sources, restricting contract solicitations to
domestic sources (pursuant to statutory authority), stockpiling critical
components, and developing substitutes for critical components or critical
technology items.
Sec. 311. Strengthening Domestic Capability. The head of each agency
engaged in procurement for the national defense is delegated the authority of
the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a), to
utilize the authority of title III of the Act or any other provision of law to
provide appropriate incentives to develop, maintain, modernize, restore, and
expand the productive capacities of domestic sources for critical components,
critical technology items, materials, and industrial resources essential for the
execution of the national security strategy of the United States.
Sec. 312. Modernization of Equipment. The head of each agency engaged in
procurement for the national defense, in accordance with section 108(b) of the
Act, 50 U.S.C. App. 2078(b), may utilize the authority of title III of the Act
to guarantee the purchase or lease of advance manufacturing equipment, and any
related services with respect to any such equipment for purposes of the Act. In
considering title III projects, the head of each agency engaged in procurement
for the national defense shall provide a strong preference for proposals
submitted by a small business supplier or subcontractor in accordance with
section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2).
PART IV - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES
Sec. 401. Delegations. The authority of the President under sections 708(c)
and (d) of the Act, 50 U.S.C. App. 2158(c), (d), is delegated to the heads of
agencies otherwise delegated authority under this order. The status of the use
of such delegations shall be furnished to the Secretary of Homeland
Security.
Sec. 402. Advisory Committees. The authority of the President under section
708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 of this
order (relating to establishment of advisory committees) shall be exercised only
after consultation with, and in accordance with, guidelines and procedures
established by the Administrator of General Services.
Sec. 403. Regulations. The Secretary of Homeland Security, after approval
of the Attorney General, and after consultation by the Attorney General with the
Chairman of the Federal Trade Commission, shall promulgate rules pursuant to
section 708(e) of the Act, 50 U.S.C. App. 2158(e), incorporating standards and
procedures by which voluntary agreements and plans of action may be developed
and carried out. Such rules may be adopted by other agencies to fulfill the
rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App.
2158(e).
PART V - EMPLOYMENT OF PERSONNEL
Sec. 501. National Defense Executive Reserve. (a) In accordance with
section 710(e) of the Act, 50 U.S.C. App. 2160(e), there is established in the
executive branch a National Defense Executive Reserve (NDER) composed of persons
of recognized expertise from various segments of the private sector and from
Government (except full time Federal employees) for training for employment in
executive positions in the Federal Government in the event of a national defense
emergency.
(b) The Secretary of Homeland Security shall issue necessary guidance for
the NDER program, including appropriate guidance for establishment, recruitment,
training, monitoring, and activation of NDER units and shall be responsible for
the overall coordination of the NDER program. The authority of the President
under section 710(e) of the Act, 50 U.S.C. App. 2160(e), to determine periods of
national defense emergency is delegated to the Secretary of Homeland
Security.
(c) The head of any agency may implement section 501(a) of this order with
respect to NDER operations in such agency.
(d) The head of each agency with an NDER unit may exercise the authority
under section 703 of the Act, 50 U.S.C. App. 2153, to employ civilian personnel
when activating all or a part of its NDER unit. The exercise of this authority
shall be subject to the provisions of sections 501(e) and (f) of this order and
shall not be redelegated.
(e) The head of an agency may activate an NDER unit, in whole or in part,
upon the written determination of the Secretary of Homeland Security that an
emergency affecting the national defense exists and that the activation of the
unit is necessary to carry out the emergency program functions of the
agency.
(f) Prior to activating the NDER unit, the head of the agency shall notify,
in writing, the Assistant to the President for Homeland Security and
Counterterrorism of the impending activation.
Sec. 502. Consultants. The head of each agency otherwise delegated
functions under this order is delegated the authority of the President under
sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to employ
persons of outstanding experience and ability without compensation and to employ
experts, consultants, or organizations. The authority delegated by this section
may not be redelegated.
PART VI - LABOR REQUIREMENTS
Sec. 601. Secretary of Labor. (a) The Secretary of Labor, in coordination
with the Secretary of Defense and the heads of other agencies, as deemed
appropriate by the Secretary of Labor, shall:
(1) collect and maintain data necessary to make a continuing appraisal of
the Nation's workforce needs for purposes of national defense;
(2) upon request by the Director of Selective Service, and in coordination
with the Secretary of Defense, assist the Director of Selective Service in
development of policies regulating the induction and deferment of persons for
duty in the armed services;
(3) upon request from the head of an agency with authority under this
order, consult with that agency with respect to: (i) the effect of contemplated
actions on labor demand and utilization; (ii) the relation of labor demand to
materials and facilities requirements; and (iii) such other matters as will
assist in making the exercise of priority and allocations functions consistent
with effective utilization and distribution of labor;
(4) upon request from the head of an agency with authority under this
order: (i) formulate plans, programs, and policies for meeting the labor
requirements of actions to be taken for national defense purposes; and (ii)
estimate training needs to help address national defense requirements and
promote necessary and appropriate training programs; and
(5) develop and implement an effective labor management relations policy to
support the activities and programs under this order, with the cooperation of
other agencies as deemed appropriate by the Secretary of Labor, including the
National Labor Relations Board, the Federal Labor Relations Authority, the
National Mediation Board, and the Federal Mediation and Conciliation
Service.
(b) All agencies shall cooperate with the Secretary of Labor, upon request,
for the purposes of this section, to the extent permitted by law.
PART VII - DEFENSE PRODUCTION ACT COMMITTEE
Sec. 701. The Defense Production Act Committee. (a) The Defense Production
Act Committee (Committee) shall be composed of the following members, in
accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b):
(1) The Secretary of State;
(2) The Secretary of the Treasury;
(3) The Secretary of Defense;
(4) The Attorney General;
(5) The Secretary of the Interior;
(6) The Secretary of Agriculture;
(7) The Secretary of Commerce;
(8) The Secretary of Labor;
(9) The Secretary of Health and Human Services;
(10) The Secretary of Transportation;
(11) The Secretary of Energy;
(12) The Secretary of Homeland Security;
(13) The Director of National Intelligence;
(14) The Director of the Central Intelligence Agency;
(15) The Chair of the Council of Economic Advisers;
(16) The Administrator of the National Aeronautics and Space
Administration; and
(17) The Administrator of General Services.
(b) The Director of OMB and the Director of the Office of Science and
Technology Policy shall be invited to participate in all Committee meetings and
activities in an advisory role. The Chairperson, as designated by the President
pursuant to section 722 of the Act, 50 U.S.C. App. 2171, may invite the heads of
other agencies or offices to participate in Committee meetings and activities in
an advisory role, as appropriate.
Sec. 702. Offsets. The Secretary of Commerce shall prepare and submit to
the Congress the annual report required by section 723 of the Act, 50 U.S.C.
App. 2172, in consultation with the Secretaries of State, the Treasury, Defense,
and Labor, the United States Trade Representative, the Director of National
Intelligence, and the heads of other agencies as appropriate. The heads of
agencies shall provide the Secretary of Commerce with such information as may be
necessary for the effective performance of this function.
PART VIII - GENERAL PROVISIONS
Sec. 801. Definitions. In addition to the definitions in section 702 of the
Act, 50 U.S.C. App. 2152, the following definitions apply throughout this
order:
(a) "Civil transportation" includes movement of persons and property by all
modes of transportation in interstate, intrastate, or foreign commerce within
the United States, its territories and possessions, and the District of
Columbia, and related public storage and warehousing, ports, services, equipment
and facilities, such as transportation carrier shop and repair facilities.
"Civil transportation" also shall include direction, control, and coordination
of civil transportation capacity regardless of ownership. "Civil transportation"
shall not include transportation owned or controlled by the Department of
Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only
to supply energy production facilities directly.
(b) "Energy" means all forms of energy including petroleum, gas (both
natural and manufactured), electricity, solid fuels (including all forms of
coal, coke, coal chemicals, coal liquification, and coal gasification), solar,
wind, other types of renewable energy, atomic energy, and the production,
conservation, use, control, and distribution (including pipelines) of all of
these forms of energy.
(c) "Farm equipment" means equipment, machinery, and repair parts
manufactured for use on farms in connection with the production or preparation
for market use of food resources.
(d) "Fertilizer" means any product or combination of products that contain
one or more of the elements nitrogen, phosphorus, and potassium for use as a
plant nutrient.
(e) "Food resources" means all commodities and products, (simple, mixed, or
compound), or complements to such commodities or products, that are capable of
being ingested by either human beings or animals, irrespective of other uses to
which such commodities or products may be put, at all stages of processing from
the raw commodity to the products thereof in vendible form for human or animal
consumption. "Food resources" also means potable water packaged in commercially
marketable containers, all starches, sugars, vegetable and animal or marine fats
and oils, seed, cotton, hemp, and flax fiber, but does not mean any such
material after it loses its identity as an agricultural commodity or
agricultural product.
(f) "Food resource facilities" means plants, machinery, vehicles (including
on farm), and other facilities required for the production, processing,
distribution, and storage (including cold storage) of food resources, and for
the domestic distribution of farm equipment and fertilizer (excluding
transportation thereof).
(g) "Functions" include powers, duties, authority, responsibilities, and
discretion.
(h) "Head of each agency engaged in procurement for the national defense"
means the heads of the Departments of State, Justice, the Interior, and Homeland
Security, the Office of the Director of National Intelligence, the Central
Intelligence Agency, the National Aeronautics and Space Administration, the
General Services Administration, and all other agencies with authority delegated
under section 201 of this order.
(i) "Health resources" means drugs, biological products, medical devices,
materials, facilities, health supplies, services and equipment required to
diagnose, mitigate or prevent the impairment of, improve, treat, cure, or
restore the physical or mental health conditions of the population.
(j) "National defense" means programs for military and energy production or
construction, military or critical infrastructure assistance to any foreign
nation, homeland security, stockpiling, space, and any directly related
activity. Such term includes emergency preparedness activities conducted
pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection
and restoration.
(k) "Offsets" means compensation practices required as a condition of
purchase in either government to government or commercial sales of defense
articles and/or defense services as defined by the Arms Export Control Act, 22
U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22
C.F.R. 120.1 130.17.
(l) "Special priorities assistance" means action by resource departments to
assist with expediting deliveries, placing rated orders, locating suppliers,
resolving production or delivery conflicts between various rated orders,
addressing problems that arise in the fulfillment of a rated order or other
action authorized by a delegated agency, and determining the validity of rated
orders.
(m) "Strategic and critical materials" means materials (including energy)
that (1) would be needed to supply the military, industrial, and essential
civilian needs of the United States during a national emergency, and (2) are not
found or produced in the United States in sufficient quantities to meet such
need and are vulnerable to the termination or reduction of the availability of
the material.
(n) "Water resources" means all usable water, from all sources, within the
jurisdiction of the United States, that can be managed, controlled, and
allocated to meet emergency requirements, except "water resources" does not
include usable water that qualifies as "food resources."
Sec. 802. General. (a) Except as otherwise provided in section 802(c) of
this order, the authorities vested in the President by title VII of the Act, 50
U.S.C. App. 2151 et seq., are delegated to the head of each agency in carrying
out the delegated authorities under the Act and this order, by the Secretary of
Labor in carrying out part VI of this order, and by the Secretary of the
Treasury in exercising the functions assigned in Executive Order 11858, as
amended.
(b) The authorities that may be exercised and performed pursuant to section
802(a) of this order shall include:
(1) the power to redelegate authorities, and to authorize the successive
redelegation of authorities to agencies, officers, and employees of the
Government; and
(2) the power of subpoena under section 705 of the Act, 50 U.S.C. App.
2155, with respect to (i) authorities delegated in parts II, III, and section
702 of this order, and (ii) the functions assigned to the Secretary of the
Treasury in Executive Order 11858, as amended, provided that the subpoena power
referenced in subsections (i) and (ii) shall be utilized only after the scope
and purpose of the investigation, inspection, or inquiry to which the subpoena
relates have been defined either by the appropriate officer identified in
section 802(a) of this order or by such other person or persons as the officer
shall designate.
(c) Excluded from the authorities delegated by section 802(a) of this order
are authorities delegated by parts IV and V of this order, authorities in
section 721 and 722 of the Act, 50 U.S.C. App. 2170 2171, and the authority with
respect to fixing compensation under section 703 of the Act, 50 U.S.C. App.
2153.
Sec. 803. Authority. (a) Executive Order 12919 of June 3, 1994, and
sections 401(3) (4) of Executive Order 12656 of November 18, 1988, are revoked.
All other previously issued orders, regulations, rulings, certificates,
directives, and other actions relating to any function affected by this order
shall remain in effect except as they are inconsistent with this order or are
subsequently amended or revoked under proper authority. Nothing in this order
shall affect the validity or force of anything done under previous delegations
or other assignment of authority under the Act.
(b) Nothing in this order shall affect the authorities assigned under
Executive Order 11858 of May 7, 1975, as amended, except as provided in section
802 of this order.
(c) Nothing in this order shall affect the authorities assigned under
Executive Order 12472 of April 3, 1984, as amended.
Sec. 804. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect functions of the Director of OMB relating to
budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
BARACK OBAMA
THE WHITE HOUSE, March 16, 2012.
