Amendments to Executive Order 12788 Relating to the Defense Economic Adjustment Program
Signed May 12, 2005·George W. Bush·70 FR 28413
Source
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Plain-language summary
Amends Executive Order 12788, which established the Defense Economic Adjustment Program, updating its purpose to include assisting businesses (not just communities and workers) affected by defense base closures, realignments, and contract-related adjustments, and to help state and local governments prevent civilian encroachment on military installations. Revises membership language for the Economic Adjustment Committee, removing the Director of the United States Arms Control and Disarmament Agency and the Director of the Federal Emergency Management Agency from its listed officials and renumbering the remaining entries. Specifies that the Secretary of Defense or a designee will chair the Committee, and that the Secretaries of Labor and Commerce will serve as Vice Chairmen, co-chairing meetings when the Chairman and designee are absent. Adds a provision directing the Committee to encourage resolution of regulatory issues that impede encroachment prevention and local economic adjustment efforts. States that the order creates no enforceable legal rights against the federal government.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including 10 U.S.C. 2391 and the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990, enacted as Division D, section 4001 et seq., of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101- 510, and in order to update the Defense Economic Adjustment Program, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amends: EO 12788, January 15, 1992
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13378 of May 12, 2005
Amendments to Executive Order 12788 Relating to
the Defense Economic Adjustment Program
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including 10 U.S.C. 2391 and the Defense
Economic Adjustment, Diversification, Conversion, and
Stabilization Act of 1990, enacted as Division D,
section 4001 et seq., of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-
510, and in order to update the Defense Economic
Adjustment Program, it is hereby ordered that Executive
Order 12788 of January 15, 1992, as amended, is further
amended as follows:
Section 1. The text of section 2 of Executive Order
12788 is revised to read as follows: “The Defense
Economic Adjustment Program shall (1) assist
substantially and seriously affected communities,
businesses, and workers from the effects of major
Defense base closures, realignments, and Defense
contract-related adjustments, and (2) assist State and
local governments in preventing the encroachment of
civilian communities from impairing the operational
utility of military installations.”
Sec. 2. (a) The text of section 3(c) is amended by
deleting “and communities” and inserting in lieu
thereof “communities, and businesses”;
(b) The text of section 3(l) is amended by deleting
“and” after the semicolon;
(c) The text of section 3(m) is amended by adding
“and” after “diminish;” and
(d) A new section 3(n) is added to read: “(n)
Encourage resolution of regulatory issues that impede
encroachment prevention and local economic adjustment
efforts.”
Sec. 3. (a) Section 4(a) is amended by: (i) deleting
“(19) Director of the United States Arms Control and
Disarmament Agency;” (ii) deleting “(21) Director of
the Federal Emergency Management Agency;” and (iii)
renumbering the remaining subsections listing the
officials on the Economic Adjustment Committee (the
“Committee”) accordingly;
(b) The text of section 4(b) is revised to read as
follows: “The Secretary of Defense, or the Secretary's
designee, shall chair the Committee.”; and
(c) The text of section 4(c) is revised to read as
follows: “The Secretaries of Labor and Commerce shall
serve as Vice Chairmen of the Committee. The Vice
Chairmen shall co-chair the Committee in the absence of
both the Chairman and the Chairman's designee and may
also preside over meetings of designated
representatives of the concerned executive agencies.”
Sec. 4. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable by any party at law or in
equity against the United States, its departments,
agencies, entities, officers, employees, agents, or any
other person.
(Presidential Sig.)B
THE WHITE HOUSE,
May 12, 2005.Reproduced from the Federal Register plain-text record, signed May 12, 2005. Typesetting artifacts are removed; no wording is changed.