sourced from http://www.whitehouse.gov/the-press-office/2012/03/16/executive-order-national-defense-resources-preparedness
The White House
Office of the Press Secretary

For Immediate Release

March 16, 2012

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 c
ommitment 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.