Memorandum on the Effect of Titanium Sponge Imports on the National Security

MEMORANDUM FOR THE SECRETARY OF DEFENSE
               THE SECRETARY OF COMMERCE
               THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND
               BUDGET
               THE ASSISTANT TO THE PRESIDENT FOR NATIONAL
               SECURITY AFFAIRS
               THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC
               POLICY
               THE DIRECTOR OF THE OFFICE OF SCIENCE AND
               TECHNOLOGY POLICY

SUBJECT:       The Effect of Titanium Sponge Imports on the
            National Security 

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862) (the "Act"), it is hereby ordered as follows:

    Section 1.  The Secretary of Commerce's Investigation into the Effect of Titanium Sponge Imports on the National Security. 

    (a)  On November 29, 2019, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effect of imports of titanium sponge on the national security of the United States under section 232 of the Act.

    (b)  The Secretary advised me of his finding that titanium sponge is being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States as defined under section 232 of the Act.  The Secretary noted that imports of titanium sponge, which accounted for 68 percent of all titanium sponge consumed in the United States in 2018, threaten to impair the national security by placing the remaining U.S. titanium sponge producer's operation under severe financial stress.  The Secretary found that low-priced titanium sponge imports, as well as low-priced titanium scrap imports, depress the price of U.S. titanium sponge and discourage recapitalization and modernization of the remaining active producer's aging production facility.  The Secretary concluded that if the remaining facility ceases operation, the United States will have no active domestic capacity to produce titanium sponge for national defense and critical infrastructure needs.  The Secretary advised that, absent domestic titanium sponge production capacity, the United States will be completely dependent on imports of titanium sponge and scrap, and will lack the surge capacity required to support defense and critical infrastructure needs in an extended national emergency.

    (c)  I have also considered the Secretary's finding that 94.4 percent of titanium sponge imports in 2018 were from Japan.  The United States has an important security relationship with Japan, including our shared commitment to eliminating the North Korean nuclear threat; our decades-old military alliance; and our strong economic and strategic partnership.  

    (d)  I concur in the Secretary's finding that titanium sponge imports threaten to impair the national security of the United States as defined under section 232 of the Act.

    (e)  I also agree with the Secretary's recommendation that actions to adjust imports under section 232 not be taken at this time.  The Secretary has advised me that measures apart from the adjustment of imports are more likely to be effective to address the threatened impairment of the national security, and such measures are set forth in section 2 of this memorandum.    

    Sec. 2.  Measures to Address the Threatened Impairment of the National Security.

    (a)  The Secretary of Defense and the Secretary of Commerce are directed to form a working group, along with the heads of other executive departments and agencies as the Secretaries deem appropriate, and invite their counterpart agencies in Japan to participate in discussions with the working group in order to agree upon measures to ensure access to titanium sponge in the United States for use for national defense and critical industries in an emergency.  

    (b)  The Secretary of Defense is directed to take all appropriate action, including using his delegated authorities under the Defense Production Act (50 U.S.C. 4501 et seq.) and seeking new appropriations as necessary, to increase access to titanium sponge for use for national defense and critical industries and to support domestic production capacity for the production of titanium sponge to meet national defense requirements.

    (c)  The Secretary of Defense and the Secretary of Commerce shall provide periodic updates to me on the progress of these efforts.

    Sec. 3.  General Provisions.   (a)  Nothing in this memorandum shall be construed to impair or otherwise affect:

        (i)   the authority granted by law to an executive department or agency, or the head thereof; or

        (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

    (b)  This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

    (c)  This memorandum 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. 

                        DONALD J. TRUMP

Memorandum on the Delegation of Certain Functions and Authorities under the National Defense Authorization Act for Fiscal Year 2020

February 21, 2020

 

MEMORANDUM FOR THE SECRETARY OF STATE
               THE SECRETARY OF THE TREASURY
               THE SECRETARY OF DEFENSE
               THE SECRETARY OF COMMERCE
               THE DIRECTOR OF NATIONAL INTELLIGENCE

SUBJECT:    Delegation of Certain Functions and Authorities under the National Defense Authorization Act for Fiscal Year 2020


By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows:

    Section 1.  (a)  I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by the following provisions of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) (the "Act"):

        (i)    section 7503(d); 

        (ii)   section 7503(f);  

        (iii)  section 7503(h);

        (iv)   section 7124, with respect to section 73 of the Bretton Woods Agreements Act (22 U.S.C. 286 et seq.), as amended by the Act;

        (v)    section 7131; and 
        
        (vi)   section 7143, with respect to section 208 of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122) (NKSPEA), as amended by the Act.

    (b)  I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by the following provisions of the Act:

        (i)    section 7503(c);   

        (ii)   section 7503(g);

        (iii)  section 7121, with respect to section 201B of NKSPEA, as amended by the Act; and 

        (iv)   section 7122, with respect to section 104(g) of NKSPEA, as amended by the Act.

    (c)  I hereby delegate to the Secretary of the Treasury and the Secretary of Commerce the functions and authorities vested in the President by section 7132 of the Act.  

    (d)  I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 7141 of the Act. 

    (e)  I hereby delegate to the Director of National Intelligence, in consultation with the Secretary of State and the Secretary of the Treasury, the functions and authorities vested in the President by section 7133 of the Act.

    (f)  I hereby delegate to the Secretary of State, in consultation with the Secretary of Defense, the functions and authorities vested in the President by section 1227 of the Act.

    Sec. 2.  The delegations in this memorandum shall apply to any provisions of any future public laws that are the same or substantially the same as those provisions referenced in this memorandum.

    Sec. 3.  The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.

                        DONALD J. TRUMP

Memorandum on Developing and Delivering More Water Supplies in California

February 19, 2020

 

MEMORANDUM FOR THE SECRETARY OF THE INTERIOR
            THE SECRETARY OF COMMERCE 
            THE CHAIR OF THE COUNCIL ON ENVIRONMENTAL QUALITY

SUBJECT:    Developing and Delivering More Water Supplies in
            California


    By the authority vested in me as President by the Constitution and
the laws of the United States of America, I hereby direct the following:
 

    Section 1.  Policy.  For
decades, many of our Federal western water infrastructure investments
have been undermined by fragmented and outdated regulatory actions.  In a
memorandum dated October 19, 2018 (Promoting the Reliable Supply and
Delivery of Water in the West), I directed the Secretary of the Interior
and the Secretary of Commerce to work together, to the extent
practicable and consistent with applicable law, to complete the review
of the long-term coordinated operations of the Central Valley Project
(CVP) and the California State Water Project (SWP), and subsequently to
issue an updated Plan of Operations (Plan) and Record of Decision (ROD).
 It is the policy of the United States to modernize our Federal western
water infrastructure to deliver water and power in an efficient,
cost-effective way.  

    Sec. 2.  Enhancing Water Supplies While Appropriately Protecting Species and Habitats. 
In response to my memorandum, a Plan and ROD were issued today.  The
new framework set forth in these documents is expected to deliver more
water to communities while using science and investments appropriately
to protect affected species and their habitats.  This is a good first
step, but I believe more can be done.  Therefore, I direct the Secretary
of the Interior and the Secretary of Commerce to build upon the success
of the Plan and ROD by supplementing the resulting operations,
consistent with applicable law, to make deliveries of water more
reliable and bountiful.  To help develop and deliver water supplies in
the Central Valley of California, I direct those Secretaries to
coordinate efforts to:  

    (a)  implement the relevant authorities of subtitle J of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-322),
which include provisions focused on (1) developing water storage, (2)
capturing more water during storm events, and (3) giving agricultural
and municipal water users more regulatory certainty;

    (b)  fully implement, with respect to future agency actions, recent
Administration improvements to management of programs established
pursuant to the Endangered Species Act of 1973 (Public Law 93-205); and

    (c)  provide quarterly updates to the Chair of the Council on
Environmental Quality and, at the request of other components of the
Executive Office of the President, to each such component, regarding
progress in carrying out sections 2(a) and (b) of this memorandum.

    Sec. 3.  General Provisions (a)  Nothing in this memorandum shall be construed to impair or otherwise affect:  

        (i)   the authority granted by law to an executive department or agency, or the head thereof; or

        (ii)  the functions of the Director of the Office of Management
and Budget relating to budgetary, administrative, or legislative
proposals.

    (b)  This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

    (c)  This memorandum 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.

    (d)  The Secretary of the Interior is hereby authorized and directed to publish this memorandum in the Federal Register.   

                        DONALD J. TRUMP