Availability of national defense resources (2023)

Executive Order 13603March 16, 2012

By the authority vested in me as President by the Constitution and laws of the United States, including the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061and sequence.), zSection 301 of Title 3, United States Code, and as Commander-in-Chief of the Armed Forces of the United States, it is hereby ordered that:

PART I - OBJECTIVE, POLICY AND IMPLEMENTATION

Section 101.Aim. This order delegates authority and addresses national defense resource strategies and programs under the Defense Production Act of 1950, as amended (the "Act").

Say. 102.Policy. The United States must have an industrial and technological base capable of meeting national defense needs and contributing to the technological superiority of its national defense team in times of peace and national emergency. The national industrial and technological base is the basis for preparing the national defense. Agencies provided by law are employed to strengthen this base and ensure that it is capable of meeting the national defense needs of the United States.

Say. 103.General characteristics. Executive departments and agencies (agencies) responsible for national defense-related plans and programs (as defined in Section 801(j) of these regulations) or for the resources and services necessary to support such plans and programs shall:

(a) identify requirements for the full range of emergencies, including essential military and civilian requirements;

(b) continually assessing the ability of the national industrial and technological base to meet needs in times of peace and national emergencies, in particular by assessing the availability of key resources and sources of production, 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 the necessary steps to ensure the availability of adequate resources and productive capacity, including critical technology and services, for national defense needs;

(d) improve the efficiency and responsiveness of the national industrial base to meet the needs of national defense; Is

(e) Promote cooperation between the defense sector and the commercial sector for research and development and for the acquisition of materials, services, components and equipment in order to increase the efficiency and response capacity of the industrial base.

Say. 104.implementation. (a) The National Security Council and the National Security Council, together with the National Economic Council, serve as an integrated policy-making forum to consider and formulate policies for the preparation of national defense resources and make recommendations to the President on the use of agencies. Under the law.

(b) The Secretary of Homeland Security:

(1) advise the President on matters related to the preparation of national defense resources and the use of the powers and functions conferred by this order;Home page printed 16652

(2) provide centralized coordination of plans and programs related to the authorities and functions delegated under this Regulation and provide guidance to authorities with designated functions under this Regulation developed in consultation with such authorities; Is

(3) Report regularly to the President on all program activities conducted pursuant to this order.

(c) The Defense Production Law Committee, described in Section 701 of this Order, shall:

(1) pursuant to Section 2(b) of the Act, 50 U.S.C. Application. 2062(b), Advise the President through the Assistant to the President and Homeland Security Advisor, the Assistant to the President for Homeland Security and Counterterrorism, and the Assistant to the President for Economic Policy regarding the effective use of agencies under the Act; Is

(2) Preparation and coordination of an annual report to Congress pursuant to Section 722(d) of the Act, 50 U.S.C. Application. 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 the potential impact of national emergencies on actual production capacity, taking into account the entire production system, including resource scarcity, and develop recommended precautionary measures to strengthen capacities to increase production in national emergencies ; Is

(2) Conduct industry analysis to assess the capabilities of the industrial base in support of national defense and develop policy recommendations to enhance the international competitiveness of certain national industries and their capabilities to meet the needs of the national defense program.

PART II - PRIORITIES AND ASSIGNMENTS

Say. 201.Allocation Priorities and Authorities. (a) The authority of the President as provided by Section 101 of the Act, 50 U.S.C. Application. 2071, to demand the acceptance and priority execution of contracts or assignments (other than employment contracts) in support of national defense over the execution of other contracts or assignments and to assign materials, services, and facilities as necessary or convenient for the promotion of national defense. delegated to the following heads of bodies:

(1) the Secretary of Agriculture in connection with feed resources, feed resource facilities, livestock resources, veterinary resources, phytosanitary resources, and domestic distribution of agricultural implements and commercial fertilizers;

(2) the Ministry of Energy in relation to all forms of energy;

(3) the Secretary of Health and Human Services in connection with health resources;

(4) the Minister of Transport in relation to all forms of civil transport;

(5) the Secretary of Defense in matters of water resources; Is

(6) The Secretary of Commerce in connection with all other materials, services, and facilities, including construction materials.

(b) The secretary of each agency with delegated powers pursuant to subsection (a) of this Section (Resource Departments) shall plan and issue regulations for the prioritization and allocation of resources and the establishment of rules and procedures under which the powers will be exercised. to promote advocacy. be used in emergency and non-emergency conditions. Each Secretary will authorize the heads of other agencies, as appropriate, to prioritize the classification of contracts and purchase orders for materials, services and facilities that are required to support the programs authorized by Article 202 of this regulation.

(c) Each resource department acts, as necessary and appropriate, on requests for special priority assistance as defined in Section 801(l).Home page printed 16653of this order within a period commensurate with the urgency of the need in question. In situations where there are requirements for programs that compete for limited resources, the Department of Resources must consult with the Secretary who made the decision required by Section 202 of this regulation. This secretary should coordinate the resource department and determine which program requirements should be prioritized based on operational urgency. In situations where more than one secretary makes such a determination under Section 202 of these regulations, the secretaries must coordinate with the resources department and indicate which program needs should be prioritized based on operational urgency.

(d) If agreement cannot be reached between these two secretaries, the matter will be referred to the President through the Assistant to the President and National Security Adviser and the Assistant to the President for Homeland Security and Counter-Terrorism.

(e) The secretary of each appellate division, if necessary, makes the decisions set forth in Section 101(b) of the Act, 50 U.S.C. Application. 2071(b). This determination is submitted to the President for approval through the Assistant to the President and Homeland Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. With such approval, the minister of discovery may exercise authority under Section 101(a) of the Act, 50 U.S.C. Application. 2071(a) to control the general distribution of material (including applicable services) in the civilian market.

Say. 202.provisions. Except as provided in Section 201(e) of these Regulations, the authority delegated by Section 201 of these Regulations may be used only in support of programs identified in writing as necessary or appropriate for the advancement of national defense:

(a) by the Secretary of Defense in connection with military production and construction, military support to foreign nations, military use of civilian transportation, Department of Defense administered supplies, space travel, and activities directly related thereto;

(b) by the Ministry of Energy in connection with the production and construction, distribution and use of energy and activities directly related thereto; Is

(c) by the Secretary of Homeland Security in connection with all other national defense programs, including civil defense and continuity of government.

Say. 203.Maximize home energy supply. The powers of the President under Section 101(c)(1)-(2) of the Act, 50 U.S.C. Application. 2071(c)(1)-(2), are delegated to the Secretary of Commerce, except for the power to make determinations that materials (including equipment), services, and facilities are critical and essential as provided in Section 101(c)(2). )(A) of the Act, 50 U.S.C. Application. 2071(c)(2)(A), delegated to the Secretary of Energy.

Say. 204.chemical and biological warfare. Those governed by Section 104(b) of the Act, 50 U.S.C. Application. 2074(b), delegated to the Secretary of Defense. This power cannot be delegated by the secretary.

PART III - EXPANSION OF PRODUCTION AND SUPPLY CAPACITY

Say. 301.credit guarantees. (a) In order to reduce current or projected shortages of national defense resources, items of critical technology, or essential materials, the head of each agency involved in national defense acquisition, as defined in Section 801(h) of this Regulation, will be in accordance with what is authorized by Section 301 of the Law, 50 U.S.C. Application. 2091 to guarantee loans from private institutions.

(b) Each guarantor agency is designated and authorized to: (1) act as fiscal representative in the preparation of its own guarantee agreements and in compliance with the purposes of Article 301 of the Law; and (2) contracted with a Federal Reserve Bank to assist the agency in its fiscal agent activities.Start printing page 16654

(c) The terms of the guarantee under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget (OGP). The Guaranty Authority shall have the right, after such consultation, to prescribe: (1) the interest rates, guarantee and commitment fees, and other fees that may be charged in connection with such collateral agreements, specifically or by limitation or otherwise; manner; and (2) rules on the forms and procedures to be used in this regard (which should be as consistent as possible).

Say. 302.loan. To alleviate current or projected shortages of resources, items of critical technology, or materials vital to national defense, the head of each agency involved in national defense acquisition is given presidential authority under Section 302 of the Act, 50 U.S.C. Application. 2092 to make loans under it. The terms of the credit under this authority will be determined in consultation with the Secretary of the Treasury and the Director of the OGP.

Say. 303.additional authorities. (a) To establish, maintain, protect, expand, or restore the essential defense capabilities of a national industrial base, the head of any agency involved in national defense acquisitions shall have presidential authority under Section 303 of the Act, 50 U.S.C. Application. 2093, to make provisions for purchases or commitments to purchase an industrial resource or critical piece of technology for government use or resale, and to make provisions for the development of manufacturing capacity and for the increased use of new technologies in the program of security applications and for rapid transition enable new technologies.

(b) Materials obtained under Section 303 of the Act, 50 U.S.C. Application. .

Say. 304.subsidy payments. To secure the supply of raw or raw materials from expensive sources, or to ensure maximum production or supply in any area at stable prices for all materials in view of a temporary increase in transportation costs, the head of each agency involved in national defense the acquisition must be exercised by the authority of the President pursuant to Section 303(c) of the Act, 50 U.S.C. Application. 2.093(c) make the payment of the scholarships after consultation with the Minister of Finance and the Director of the OGP.

Say. 305.Findings and discoveries. (a) Pursuant to the Budgetary Authority determined by a pre-appropriation for credit assistance under Section 301 or 302 of the Act, 50 U.S.C. Application. 2091, 2092 and pursuant to the Federal Credit Reform Act of 1990, as amended (FCRA),2 USC 661 and sequence., the head of each agency involved in national defense acquisitions shall have the authority to make the determinations specified in Sections 301(a)(2) and 302(b)(2) of the Act, in consultation with the Secretary, as is required. for sec. 202 of this regulation; provided that such determinations are made after due consideration of the provisions of OMB Circular A-129 and evaluation of the credit subsidy for the applicable loan or loan guarantee, as approved by OMB under the FCRA.

(b) In addition to any determination of the President under Section 303(a)(7)(b) of the Act, the executive director of each agency involved in national defense acquisitions shall be empowered to make determinations, judgments, and certifications. . Detections and notifications pursuant to Section 303 of the Act, 50 U.S.C. Application. 2093, in consultation with the Secretary to make the determination required by Section 202 of this order.

Say. 306.Strategic and critical materials. The Secretary of Defense and the Secretary of the Interior, in consultation with the Secretary of Defense, as administrator of the National Defense Reserves, are delegated powers of the President under Section 303(a)(1)(B) of the Law, 50 USC Application.Home page printed 166552093(a)(1)(B) to promote the exploration, development, and extraction of strategic and critical materials and other materials.

Say. 307.Substitute. The head of each agency involved in national defense acquisition has the powers of the President under Section 303(g) of the Act, 50 U.S.C. Application. 2093(g) to provide for the development of critical and strategic replacement materials, critical components, critical technology items, and other resources in support of national defenses.

Say. 308.Government team. The head of each agency involved in national defense acquisition is vested with the powers of the President under Section 303(e) of the Act, 50 U.S.C. Application. 2093(e), to:

(a) Acquire and install additional equipment, facilities, processes, or improvements at federally owned facilities, factories, and other industrial facilities and acquire and install government-owned equipment at privately owned facilities, factories, or other industrial facilities;

(b) provide for the modification or expansion of privately owned facilities, including the modification or improvement of manufacturing processes, by taking action under Sections 301, 302, or 303 of the Act, 50 U.S.C. Application. 2091, 2092, 2093; Is

(c) sell or otherwise transfer federally owned equipment that is used pursuant to Section 303(e) of the Act, 50 U.S.C. Application. 2093(e) to the owners of such facilities, factories, or other industrial facilities.

Say. 309.Background to the Defense Production Law. The Secretary of Defense is appointed pursuant to Section 304(f) of the Act, 50 U.S.C. appointed administrator of the Defense Production Act Fund. Application. 2094(f) and performs the functions established in Section 304 of the Act in consultation with the heads of agencies that have approved and assigned projects under Title III of the Act.

Say. 310.critical articles. The head of each agency involved in national defense acquisitions has the powers of the President under Section 107(b)(1) of the Act, 50 U.S.C. Application. 2077(b)(1) to take appropriate steps to ensure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when necessary to meet peacekeeping requirements , mobilization in stages and to meet national requirements. emergency. Appropriate actions may include restricting contract solicitations to reputable sources, restricting contract solicitations to domestic sources (as permitted by law), stocking critical components, and developing replacements for critical components or critical technology items.

Say. 311.Strengthening of national capacities. The head of each agency involved in national defense acquisition has the powers of the President under Section 107(a) of the Act, 50 U.S.C. Application. 2077(a) to use the power of Title III of the Act or any other provision of the Act to provide appropriate incentives for the development, maintenance, modernization, restoration, and expansion of domestic manufacturing capacity for critical components, elements, and critical technology materials and industrial resources critical to the implementation of the US national security strategy.

Say. 312.Equipment modernization. The head of each agency involved in national defense acquisitions under Section 108(b) of the Act, 50 U.S.C. Application. 2078(b), may use the power of Title III of the Act to secure the purchase or lease of advanced manufacturing equipment and all related services for the purposes of the Act. In considering Title III projects, the director of each An agency involved in national defense procurement must review proposals submitted by a small business supplier or subcontractor in accordance with Section 108(b)(2) of the Act, 50 U.S.C. Application. 2078(b)(2).

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PART IV - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES

Say. 401.The delegation. The authority of the President under Sections 708(c) and (d) of the Act, 50 U.S.C. Application. 2158(c),(d), agency heads are vested by powers otherwise delegated under this regulation. The status of the use of such delegations must be reported to the Secretary of Homeland Security.

Say. 402.Advisory Committees. The authority of the President under Section 708(d) of the Act, 50 U.S.C. Application. 2158(d) and delegated in Section 401 of these regulations (related to the establishment of advisory committees) may only be exercised after consultation and in accordance with the policies and procedures established by the General Services Administrator.

Say. 403.regulations. The Secretary of Homeland Security, with the consent of the Attorney General and after consultation between the Attorney General and the Chairman of the Federal Trade Commission, issues regulations pursuant to Section 708(e) of the Act, 50 U.S.C. Application. 2158(e), which provides standards and procedures to help develop and execute voluntary agreements and action plans. Such rules may be adopted by other agencies to meet the regulatory requirements of Section 708(e) of the Act, 50 U.S.C. Application. 2158(e).

PART V - EMPLOYMENT OF STAFF

Say. 501.National Defense Executive Reserve. (a) Pursuant to Section 710(e) of the Act, 50 U.S.C. Application. 2.160(e), a National Defense Executive Reserve (NDER) will be established in the executive branch composed of persons of recognized competence from various segments of the private sector and public power (excluding full-time federal employees) for job training in Management positions Positions in the federal government in national defense emergencies.

(b) The Secretary of Homeland Security issues necessary guidance to the NDER program, including proper guidance for the establishment, recruitment, training, control, and activation of NDER units, and is 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. Application. 2160(e) to the Secretary of Homeland Security to determine emergency times for national defense.

(c) The Head of an Authority may implement Section 501(a) of this Order with respect to NDER operations at such Authority.

(d) The head of each agency with an NDER entity may exercise powers under Section 703 of the Act, 50 U.S.C. Application. 2153 to deploy civilian personnel by fully or partially activating your NDER unit. The exercise of this authority is subject to the provisions of Sections 501(e) and (f) of this Order and may not be further delegated.

(e) The head of an agency may activate all or part of an NDER unit if the Secretary of Homeland Security determines in writing that there is an emergency affecting national defenses and that activation of the unit is necessary to carry out the agency contingency program functions. .

(f) Prior to activation of the NDER unit, the agency head shall notify the Assistant to the President for Homeland Security and Counterterrorism in writing of the pending activation.

Say. 502.Tutor. The head of each agency with delegated functions under this order shall have the power of the President under Sections 710 (b) and (c) of the Act, 50 U.S.C. Application. 2160(b),(c), to hire persons with outstanding experience and ability without compensation, and to hire experts, consultants, or organizations. The power delegated in this section cannot be delegated.

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PART VI - JOB REQUIREMENTS

Say. 601.Labor Secretary. (a) The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as the Secretary of Labor deems appropriate, shall:

(1) collect and maintain data necessary for an ongoing assessment of the nation's manpower needs for national defense purposes;

(2) at the request of the Director of the Selective Service and in coordination with the Secretary of Defense, assist the Director of the Selective Service in the development of policies for the admission and discharge of individuals for service in the Armed Forces;

(3) at the request of the head of any agency authorized under this order, consult with that agency regarding: (i) the impact of the contemplated measures on the demand and use of labor; (ii) the relationship between the demand for labor and the requirements for materials and facilities; and (iii) other matters that help balance the performance of assignment and priority functions with the effective use and assignment of labor;

(4) At the request of the head of any agency authorized under this order: (i) Formulate plans, programs, and policies to meet manpower needs for actions to be taken for purposes of national defense; and (ii) assess the training needs to meet national defense requirements and promote the necessary and appropriate training programs; Is

(5) Develop and implement an effective labor relations policy in support of activities and programs under this order in cooperation with other entities as deemed appropriate by the Department of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority , the National Agency for Arbitration Council and the Federal Board of Mediation and Arbitration.

(b) All agencies shall cooperate with the Secretary of Labor upon request, to the extent permitted by law, for purposes of this section.

TITLE VII - COMMISSION FOR THE DEFENSE OF THE PRODUCTION LAW

Say. 701.Das Defense Production Law Committee. (a) The Defense Production Act Committee (Committee) is constituted pursuant to Section 722(b) of the Act, 50 U.S.C. Application. 2171(b):

(1) The Secretary of State;

(2) the Minister of Finance;

(3) the Secretary of Defense;

(4) The Attorney General;

(5) the Minister of the Interior;

(6) The Minister of Agriculture;

(7) There is a Minister of Commerce;

(8) the Secretary of Labor;

(9) The Secretary of Health and Human Services;

(10) The Minister of Transportation;

(11) The Minister of Energy;

(12) The Minister of Internal Security;

(13) The Director of National Intelligence;

(14) The Director of the Central Intelligence Agency;

(15) The President of the Council of Economic Advisers;

(16) The Administrator of the National Aerospace Administration; Is

(17) The general services administrator.Start printing page 16658

(b) The Director of the OGP and the Director of the Office of Science and Technology Policy will be invited to attend all meetings and activities of the Board in an advisory capacity. The President, as directed by the President under Section 722 of the Act, 50 U.S.C. Application. 2,171, may invite the holders of other bodies or positions to attend the meetings and activities of the Committee with a consultative character, as appropriate.

Say. 702.damage payment. The Secretary of Commerce prepares the statute referred to in Section 723 of the Act, 50 U.S.C. Application. 2172, in consultation with the Secretary of State, Treasury, Defense, and Labor, the United States Trade Representative, the Director of National Intelligence, and heads of other agencies, as appropriate. The heads of the agencies provide the Secretary of Commerce with the information necessary for the effective performance of this function.

PART VIII - GENERAL PROVISIONS

Say. 801.The definition. In addition to the definitions in Law Section 702, 50 U.S.C. Application. 2152 the following definitions apply in this order:

(a) “Civil transportation” includes the movement of persons and goods by any means of interstate, domestic, or foreign commercial transportation within the United States, its territories and possessions, and the District of Columbia and associated public storage, ports, services , Equipment and facilities such as B. a transport workshop and repair shops. "Civil transport" also includes the direction, control and coordination of civil transport capacities, regardless of their ownership. "Civilian transportation" does not include shipments owned or controlled by the Department of Defense, use of oil and gas pipelines, and coal pipelines used solely to directly supply power generation facilities.

(b) “Energy” means all forms of energy, including oil, gas (natural and man-made), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquefaction, and coal gasification), solar, wind and other forms of renewable energy, nuclear energy, and the production, maintenance, use, control, and distribution (including pipelines) of all such forms of energy.

(c) "Agricultural implements" means implements, machinery and spare parts manufactured for use on farms in connection with the production or preparation of food resources for commercial use.

(d) "Fertilizer" means any product or combination of products containing one or more of the elements nitrogen, phosphorous, and potassium for use as a plant nutrient.

(e) "Food Resources" means all goods and products (single, mixed or compound) or supplements to such goods or products that can be ingested by humans or animals, regardless of other uses to which goods or products may be put, at all stages of processing, from raw material to subsequent product, in salable form for human or animal consumption. “Food” also means potable water packaged in salable containers, all vegetable and animal or marine starches, sugars, fats and oils, seeds, cotton, hemp and flax fiber, but none of these materials after losing their identity as a product or agricultural product. .

(f) "Food establishments" means plants, machinery, vehicles (including on farms), and other facilities necessary for the production, processing, distribution, and storage (including cold storage) of food products and for the domestic distribution of agricultural resources. and fertilizers (excluding their transportation).

(g) "Functions" includes powers, duties, authorities, responsibilities and discretionary powers.Home page printed 16659

(h) "Heads of each agency involved in national defense acquisitions" means the heads of the Departments of State, Justice, Homeland Security, Office of the Director of National Intelligence, Central Intelligence Agency, National Agency for Air Administration, and the Space, General Services Administration and any other agency with delegated powers under Section 201 of these regulations.

(i) "Healthcare Resources" means drugs, biologicals, medical devices, materials, facilities, healthcare, services, and equipment necessary to diagnose, mitigate, or prevent impairment, amelioration, treatment, cure, or restoration of physical or mental health. of the population

(j) “National Defense” means military and energy generation or construction programs, military or critical infrastructure assistance to a foreign nation, internal security, storage, space, and any activity directly related thereto. This term includes emergency preparedness activities conducted pursuant to Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,42 USC 5195 and sequence. and protection and recovery of critical infrastructure.

(k) "Offsets" means offsetting practices required as a condition of purchase in government or commercial sales of defense items and/or services as defined in the Arms Export Control Act,22 USC 2751 and sequence., and the International Traffic in Arms Regulations,22 CFR 120.1-130.17.

(l) "Special Priority Assistance" means actions taken by resource departments to help expedite shipments, place classified orders, locate suppliers, resolve production or supply conflicts between multiple evaluated orders, resolve issues encountered in compliance with a Classified Order or other actions authorized by a Designated Agency and determine the validity of Classified Orders.

(m) "Strategic and Critical Materials" means materials (including energy) that (1) would be necessary to meet the essential military, industrial, and civilian needs of the United States during a national emergency, and (2) that are not are or have been manufactured in the United States in sufficient quantity to satisfy such demand and are subject to termination or reduction in material availability.

(n) “Water Resources” means all usable water from any source within the jurisdiction of the United States that can be managed, controlled, and allocated to meet emergency needs, except that “Water Resources” does not include usable water designated as "Food Sources".

Say. 802.Generally. (a) Except as provided in Section 802(c) of this order, the powers of the President granted by Title VII of the Act, 50 U.S.C. Application. 2151and sequence., are delegated to the head of each agency in the exercise of the powers delegated under the Act and this Order, by the Secretary of Labor in the execution of Part VI of this Order and by the Secretary of the Treasury in the exercise of the se it was assigned the functions established in Executive Decree 11858, as amended.

(b) The powers that may be exercised and enforced under Section 802(a) of this Order include:

(1) the power to delegate authority and the authorization of successive delegations of authority to government agencies, officials and employees; Is

(2) Subpoena authority under Section 705 of the Act, 50 U.S.C. Application. 2155 with respect to (i) the authorities delegated in Parts II, III and Section 702 of this regulation and (ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858, as amended, providing that the power of summons to those in subsections (i) and (ii) may be used only after the scope and purpose of the investigation, inspection, or investigation to which the citation refers are defined by the officer named in Section 802(a) of this order or by designated competent officers became another person or persons designated by the officer.Start printing page 16660

(c) Excluded from the powers delegated by Section 802(a) of this order are powers delegated by Parts IV and V of this order, authorities pursuant to Sections 721 and 722 of the Act, 50 U.S.C. Application. 2170-2171, and the agency concerned with determining compensation under Section 703 of the Act, 50 U.S.C. Application. 2153.

Say. 803.authority. (A)Executive Order 12919of June 3, 1994 and repealing articles 401(3)-(4) of Executive Decree 12656 of November 18, 1988. All other orders, ordinances, decisions, certificates, policies and other actions previously carried out in relation to any functions affected by this order shall remain in effect unless they conflict with this order or are subsequently modified with the Required Authority modified or revoked. Nothing in this order shall affect the validity or force of anything done under any prior delegation or other assignment of powers under the Act.

(b) Nothing in this Order shall affect the authorities designated by 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 designated by Executive Order 12472 of April 3, 1984, as amended.

Say. 804.General provisions. (a) Nothing in this order shall be construed as impairing or impairing the duties of the Director of OGP in connection with any budgetary, administrative, or legislative proposal.

(b) This arrangement must be carried out in accordance with applicable law and subject to the availability of funds.

(c) Nothing in this Order is intended to create, and will not create, any right or benefit, substantive or procedural, which, in law or in equity, may be conferred by any party against the United States, its department, agency, or agency, its officers, employees or agents, or other persons.

THE WHITE HOUSE, March 16, 2012. Filed 03/21/12; 8:45 a.m. m.]