National Defense Resources Preparedness – Textual Differences of Part 1 and 2
March 19, 2012 
4 Comments
On March 16, 2012, President Obama signed an Executive Order for National Defense Resources Preparedness which is a revised document that was most recently ordered by President Bill Clinton in 1994.
Here is the “difference” between some of the important text when comparing the previous version of the NDRP by Clinton (EO-12919) and the current Obama version (NDRP 2012).
This post analyzes part 1 & 2 of the document. Follow-ups will cover the preceding documents and will be linked in this article.
Strike through text shows that the text was removed from the new version.
Green text shows text that was added to the new version.
Minor grammatical corrections and white space changes are not noted.
Hopefully this text will help others to analyze what changes were made, and why they were made.
Sec. 103 (e) – The new version removes the word “services”:
(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 (a) – Changes the responsibility of the NDRP policy from solely NSC to NSC / HSC / NEC and adds requirements that the NSC make recommendations to the President.
The National Security Council is the principal forum for consideration and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation resolution of national security defense resource preparedness policy policy and shall make recommendations to the President on the use of authorities under the Act.
Sec. 104 (b) (1) – Changes who HSC reports to; from the NSC to the President. Also changes the word “security” to “defense”.
Serve as an advisor to advise the National Security Council President on issues of national security defense resource preparedness and on the use of the authorities and functions delegated by this order
Sec. 104 (b) (2) – adds HSC as the central coordinator for agencies in the order
Provide provide for the central coordination of the plans and programs incident to authorities and functions delegated under this order, and provide guidance and procedures approved by the Assistant to the President for National Security Affairs to the Federal departments and agencies assigned functions under this order order, developed in consultation with such agencies; and
Sec. 201 (1) -Adds livestock, vet, and plant health to the list
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;
Sec. 201 (b) – Provides the power to create regulations to each of the departments in the act, allows this act to be used in non-emergency situations, places priority ratings for any contracts for covered items in the act.
The Secretary of each agency delegated authority under subsection (a) Commerce, in consultation with the heads of those departments and agencies specified in subsection 201(a) of this section (resource departments) order, shall plan for administer the Defense Priorities and issue Allocations System (“DPAS”) regulations that will be used to prioritize and allocate resources and establish standards and procedures by which implement the authority shall be used to promote of the national defense, under both emergency and non-emergency conditions. Each Secretary shall authorize President conferred by section 101 of the heads of other agencies, Act as appropriate, delegated to place priority ratings on contracts and orders for materials, services, and facilities needed in support the Secretary of programs approved under section 202 Commerce in subsection 201(a)(6) of this order. The Secretary of commerce will redelegate to the Secretary of Defense, and the heads of other departments and agencies as appropriate, authority for the priority rating of contracts and orders for all materials, services, and facilities needed in support of programs approved under section 202 of this order. The Secretary of Commerce shall act as appropriate upon Special Priorities Assistance requests in a time frame consistent with the urgency of the need at hand.
Sec. 202 (a) -Added military use of civilian transportation
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, stockpiling, outer space, and directly related activities
Sec 203 – Changes the “are scarce” phrase to “essential”. Shifts the authority to determine what is “critical” and “essential” to solely the SoE.
Maximizing Domestic Energy Supplies. The authority authorities of the President under section 101(c)(1) (2) of to perform the Act, 50 U.S.C. App. 2071(c)(1) (2), are delegated to functions provided by subsection 101(c of the Act is delegated to the Secretary of Commerce, with who shall redelegate to the exception that Secretary of Energy the authority to make the findings described in subsection 101(c)(2)(A) that the materials (including equipment), services, and facilities are critical and essential, as described in section 101(c)(2)(A) essential. The Secretary of Commerce shall make the Act, 50 U.S.C. App. 2071(c)(2)(A), is delegated to finding described in subsection 101(c)(2)(A) of the Secretary of Energy Act that the materials (including equipment), services, or facilities are scarce, and the finding described in subsection 102(c)(2)(B) that it is necessary to use the authority provided by subsection 101(c)(1).
“allows this act to be used in non-emergency situations”
This is a change that now includes NON-EMERGENCY situations. When might that be interpreted as every day?!
Please re-read this and fix the mistakes. There was no Homeland Security when the original was signed, it was all FEMA. So strike through for anything that says Homeland Security and the green text addition of FEMA is wrong, calling into doubt the whole article.
There is reference to the Department of Homeland Security throughout the 1994 document.
Some of the differences had been accidentally reversed. The sections should all be accurate now.
Thanks.