
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9615]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 9615. Presidential delegation and assignment of duties or 
        powers and promulgation of regulations
        
    The President is authorized to delegate and assign any duties or 
powers imposed upon or assigned to him and to promulgate any regulations 
necessary to carry out the provisions of this subchapter.

(Pub. L. 96-510, title I, Sec. 115, Dec. 11, 1980, 94 Stat. 2796.)

              Ex. Ord. No. 12580. Superfund Implementation

    Ex. Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2923, as amended by Ex. 
Ord. No. 12777, Sec. 1(a), Oct. 18, 1991, 56 F.R. 54757; Ex. Ord. No. 
13016, Aug. 28, 1996, 61 F.R. 45871, provided:
    By the authority vested in me as President of the United States of 
America by Section 115 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9615 et 
seq.) (``the Act''), and by Section 301 of Title 3 of the United States 
Code, it is hereby ordered as follows:
    Section 1. National Contingency Plan. (a)(1) The National 
Contingency Plan (``the NCP''), shall provide for a National Response 
Team (``the NRT'') composed of representatives of appropriate Federal 
departments and agencies for national planning and coordination of 
preparedness and response actions, and Regional Response Teams as the 
regional counterparts to the NRT for planning and coordination of 
regional preparedness and response actions.
    (2) The following agencies (in addition to other appropriate 
agencies) shall provide representatives to the National and Regional 
Response Teams to carry out their responsibilities under the NCP: 
Department of State, Department of Defense, Department of Justice, 
Department of the Interior, Department of Agriculture, Department of 
Commerce, Department of Labor, Department of Health and Human Services, 
Department of Transportation, Department of Energy, Environmental 
Protection Agency, Federal Emergency Management Agency, United States 
Coast Guard, and the Nuclear Regulatory Commission.
    (3) Except for periods of activation because of response action, the 
representative of the Environmental Protection Agency (``EPA'') shall be 
the chairman, and the representative of the United States Coast Guard 
shall be the vice chairman, of the NRT and these agencies' 
representatives shall be co-chairs of the Regional Response Teams (``the 
RRTs''). When the NRT or an RRT is activated for a response action, the 
EPA representative shall be the chairman when the release or threatened 
release or discharge or threatened discharge occurs in the inland zone, 
and the United States Coast Guard representative shall be the chairman 
when the release or threatened release or discharge or threatened 
discharge occurs in the coastal zone, unless otherwise agreed upon by 
the EPA and the United States Coast Guard representatives (inland and 
coastal zones are defined in the NCP).
    (4) The RRTs may include representatives from State governments, 
local governments (as agreed upon by the States), and Indian tribal 
governments. Subject to the functions and authorities delegated to 
Executive departments and agencies in other sections of this order, the 
NRT shall provide policy and program direction to the RRTs.
    (b)(1) The responsibility for the revision of the NCP and all the 
other functions vested in the President by Sections 105(a), (b), (c), 
and (g), 125, and 301(f) of the Act [42 U.S.C. 9605(a), (b), (c), (g), 
9625, 9651(f)], by Section 311(d)(1) of the Federal Water Pollution 
Control Act [33 U.S.C. 1321(d)(1)], and by Section 4201(c) of the Oil 
Pollution Act of 1990 [Pub. L. 101-380, 33 U.S.C. 1321 note] is 
delegated to the Administrator of the Environmental Protection Agency 
(``the Administrator'').
    (2) The function vested in the President by Section 118(p) of the 
Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499) 
(``SARA'') [100 Stat. 1662] is delegated to the Administrator.
    (c) In accord with Section 107(f)(2)(A) of the Act [42 U.S.C. 
9607(f)(2)(A)], Section 311(f)(5) of the Federal Water Pollution Control 
Act, as amended (33 U.S.C. 1321(f)(5)), and Section 1006(b)(1) and (2) 
of the Oil Pollution Act of 1990 [33 U.S.C. 2706(b)(1), (2)], the 
following shall be among those designated in the NCP as Federal trustees 
for natural resources:
    (1) Secretary of Defense;
    (2) Secretary of the Interior;
    (3) Secretary of Agriculture;
    (4) Secretary of Commerce;
    (5) Secretary of Energy.
    In the event of a spill, the above named Federal trustees for 
natural resources shall designate one trustee to act as Lead 
Administrative Trustee, the duties of which shall be defined in the 
regulations promulgated pursuant to Section 1006(e)(1) of OPA. If there 
are natural resource trustees other than those designated above which 
are acting in the event of a spill, those other trustees may join with 
the Federal trustees to name a Lead Administrative Trustee which shall 
exercise the duties defined in the regulations promulgated pursuant to 
Section 1006(e)(1) of OPA.
    (d) Revisions to the NCP shall be made in consultation with members 
of the NRT prior to publication for notice and comment.
    (e) All revisions to the NCP, whether in proposed or final form, 
shall be subject to review and approval by the Director of the Office of 
Management and Budget (``OMB'').
    Sec. 2. Response and Related Authorities. (a) The functions vested 
in the President by the first sentence of Section 104(b)(1) of the Act 
[42 U.S.C. 9604(b)(1)] relating to ``illness, disease, or complaints 
thereof'' are delegated to the Secretary of Health and Human Services 
who shall, in accord with Section 104(i) of the Act, perform those 
functions through the Public Health Service.
    (b) The functions vested in the President by Sections 104(e)(7)(C), 
113(k)(2), 119(c)(7), and 121(f)(1) of the Act [42 U.S.C. 9604(e)(7)(C), 
9613(k)(2), 9619(c)(7), 9621(f)(1)], relating to promulgation of 
regulations and guidelines, are delegated to the Administrator, to be 
exercised in consultation with the NRT.
    (c)(1) The functions vested in the President by Sections 104(a) and 
the second sentence of 126(b) of the Act [42 U.S.C. 9604(a), 9626(b)], 
to the extent they require permanent relocation of residents, 
businesses, and community facilities or temporary evacuation and housing 
of threatened individuals not otherwise provided for, are delegated to 
the Director of the Federal Emergency Management Agency.
    (2) Subject to subsection (b) of this Section, the functions vested 
in the President by Sections 117(a) and (c), and 119 of the Act [42 
U.S.C. 9617(a), (c), 9619], to the extent such authority is needed to 
carry out the functions delegated under paragraph (1) of this 
subsection, are delegated to the Director of the Federal Emergency 
Management Agency.
    (d) Subject to subsections (a), (b) and (c) of this Section, the 
functions vested in the President by Sections 104(a), (b) and (c)(4), 
113(k), 117(a) and (c), 119, and 121 of the Act [42 U.S.C. 9604(a), (b), 
(c)(4), 9613(k), 9617(a), (c), 9619, 9621] are delegated to the 
Secretaries of Defense and Energy, with respect to releases or 
threatened releases where either the release is on or the sole source of 
the release is from any facility or vessel under the jurisdiction, 
custody or control of their departments, respectively, including vessels 
bare-boat chartered and operated. These functions must be exercised 
consistent with the requirements of Section 120 of the Act [42 U.S.C. 
9620].
    (e)(1) Subject to subsections (a), (b), (c), and (d) of this 
Section, the functions vested in the President by Sections 104(a), (b), 
and (c)(4), and 121 of the Act [42 U.S.C. 9604(a), (b), (c)(4), 9621] 
are delegated to the heads of Executive departments and agencies, with 
respect to remedial actions for releases or threatened releases which 
are not on the National Priorities List (``the NPL'') and removal 
actions other than emergencies, where either the release is on or the 
sole source of the release is from any facility or vessel under the 
jurisdiction, custody or control of those departments and agencies, 
including vessels bare-boat chartered and operated. The Administrator 
shall define the term ``emergency'', solely for the purposes of this 
subsection, either by regulation or by a memorandum of understanding 
with the head of an Executive department or agency.
    (2) Subject to subsections (b), (c), and (d) of this Section, the 
functions vested in the President by Sections 104(b)(2), 113(k), 117(a) 
and (c), and 119 of the Act [42 U.S.C. 9604(b)(2), 9613(k), 9617(a), 
(c), 9619] are delegated to the heads of Executive departments and 
agencies, with respect to releases or threatened releases where either 
the release is on or the sole source of the release is from any facility 
or vessel under the jurisdiction, custody or control of those 
departments and agencies, including vessels bare-boat chartered and 
operated.
    (f) Subject to subsections (a), (b), (c), (d), and (e) of this 
Section, the functions vested in the President by Sections 104(a), (b) 
and (c)(4), 113(k), 117(a) and (c), 119, and 121 of the Act [42 U.S.C. 
9604(a), (b), (c)(4), 9613(k), 9617(a), (c), 9619, 9621] are delegated 
to the Secretary of the Department in which the Coast Guard is operating 
(``the Coast Guard''), with respect to any release or threatened release 
involving the coastal zone, Great Lakes waters, ports, and harbors.
    (g) Subject to subsections (a), (b), (c), (d), (e), and (f) of this 
Section, the functions vested in the President by Sections 101(24), 
104(a), (b), (c)(4) and (c)(9), 113(k), 117(a) and (c), 119, 121, and 
126(b) of the Act [42 U.S.C. 9601(24), 9604(a), (b), (c)(4), (9), 
9613(k), 9617(a), (c), 9619, 9621, 9626(b)] are delegated to the 
Administrator. The Administrator's authority under Section 119 of the 
Act is retroactive to the date of enactment of SARA [Oct. 17, 1986].
    (h) The functions vested in the President by Section 104(c)(3) of 
the Act [42 U.S.C. 9604(c)(3)] are delegated to the Administrator, with 
respect to providing assurances for Indian tribes, to be exercised in 
consultation with the Secretary of the Interior.
    (i) Subject to subsections (d), (e), (f), (g) and (h) of this 
Section, the functions vested in the President by Section 104(c) and (d) 
of the Act are delegated to the Coast Guard, the Secretary of Health and 
Human Services, the Director of the Federal Emergency Management Agency, 
and the Administrator in order to carry out the functions delegated to 
them by this Section.
    (j)(1) The functions vested in the President by Section 104(e)(5)(A) 
are delegated to the heads of Executive departments and agencies, with 
respect to releases or threatened releases where either the release is 
on or the sole source of the release is from any facility or vessel 
under the jurisdiction, custody or control of those departments and 
agencies, to be exercised with the concurrence of the Attorney General.
    (2) Subject to subsection (b) of this Section and paragraph (1) of 
this subsection, the functions vested in the President by Section 104(e) 
are delegated to the heads of Executive departments and agencies in 
order to carry out their functions under this Order or the Act.
    (k) The functions vested in the President by Section 104(f), (g), 
(h), (i)(11), and (j) of the Act are delegated to the heads of Executive 
departments and agencies in order to carry out the functions delegated 
to them by this Section. The exercise of authority under Section 104(h) 
of the Act shall be subject to the approval of the Administrator of the 
Office of Federal Procurement Policy.
    Sec. 3. Cleanup Schedules. (a) The functions vested in the President 
by Sections 116(a) and the first two sentences of 105(d) of the Act [42 
U.S.C. 9616(a), 9605(d)] are delegated to the heads of Executive 
departments and agencies with respect to facilities under the 
jurisdiction, custody or control of those departments and agencies.
    (b) Subject to subsection (a) of this Section, the functions vested 
in the President by Sections 116 and 105(d) are delegated to the 
Administrator.
    Sec. 4. Enforcement. (a) The functions vested in the President by 
Sections 109(d) and 122(e)(3)(A) of the Act [42 U.S.C. 9609(d), 
9622(e)(3)(A)], relating to development of regulations and guidelines, 
are delegated to the Administrator, to be exercised in consultation with 
the Attorney General.
    (b)(1) Subject to subsection (a) of this Section, the functions 
vested in the President by Section 122 [42 U.S.C. 9622] (except 
subsection (b)(1)) are delegated to the heads of Executive departments 
and agencies, with respect to releases or threatened releases not on the 
NPL where either the release is on or the sole source of the release is 
from any facility under the jurisdiction, custody or control of those 
Executive departments and agencies. These functions may be exercised 
only with the concurrence of the Attorney General.
    (2) Subject to subsection (a) of this Section, the functions vested 
in the President by Section 109 of the Act [42 U.S.C. 9609], relating to 
violations of Section 122 of the Act, are delegated to the heads of 
Executive departments and agencies, with respect to releases or 
threatened releases not on the NPL where either the release is on or the 
sole source of the release is from any facility under the jurisdiction, 
custody or control of those Executive departments and agencies. These 
functions may be exercised only with the concurrence of the Attorney 
General.
    (c)(1) Subject to subsection[s] (a) and (b)(1) of this Section, the 
functions vested in the President by Sections 106(a) and 122 of the Act 
[42 U.S.C. 9606(a), 9622] are delegated to the Coast Guard with respect 
to any release or threatened release involving the coastal zone, Great 
Lakes waters, ports, and harbors.
    (2) Subject to subsection[s] (a) and (b)(2) of this Section, the 
functions vested in the President by Section 109 of the Act [42 U.S.C. 
9609], relating to violations of Sections 103(a) and (b), and 122 of the 
Act [42 U.S.C. 9603(a), (b), 9622], are delegated to the Coast Guard 
with respect to any release or threatened release involving the coastal 
zone, Great Lakes waters, ports, and harbors.
    (3) Subject to subsections (a) and (b)(1) of this section, the 
functions vested in the President by sections 106(a) [42 U.S.C. 9606(a)] 
and 122 [42 U.S.C. 9622] (except subsection (b)(1)) of the Act are 
delegated to the Secretary of the Interior, the Secretary of Commerce, 
the Secretary of Agriculture, the Secretary of Defense, and the 
Secretary of Energy, to be exercised only with the concurrence of the 
Coast Guard, with respect to any release or threatened release in the 
coastal zone, Great Lakes waters, ports, and harbors, affecting (1) 
natural resources under their trusteeship, or (2) a vessel or facility 
subject to their custody, jurisdiction, or control. Such authority shall 
not be exercised at any vessel or facility at which the Coast Guard is 
the lead Federal agency for the conduct or oversight of a response 
action. Such authority shall not be construed to authorize or permit use 
of the Hazardous Substance Superfund to implement section 106 or to fund 
performance of any response action in lieu of the payment by a person 
who receives but does not comply with an order pursuant to section 
106(a), where such order has been issued by the Secretary of the 
Interior, the Secretary of Commerce, the Secretary of Agriculture, the 
Secretary of Defense, or the Secretary of Energy. This subsection shall 
not be construed to limit any authority delegated by any other section 
of this order. Authority granted under this subsection shall be 
exercised in a manner to ensure interagency coordination that enhances 
efficiency and effectiveness.
    (d)(1) Subject to subsections (a), (b)(1), and (c)(1) of this 
Section, the functions vested in the President by Sections 106 and 122 
of the Act [42 U.S.C. 9606, 9622] are delegated to the Administrator.
    (2) Subject to subsections (a), (b)(2), and (c)(2) of this Section, 
the functions vested in the President by Section 109 of the Act [42 
U.S.C. 9609], relating to violations of Sections 103 and 122 of the Act 
[42 U.S.C. 9603, 9622], are delegated to the Administrator.
    (3) Subject to subsections (a), (b)(1), and (c)(1) of this section, 
the functions vested in the President by sections 106(a) [42 U.S.C. 
9606(a)] and 122 [42 U.S.C. 9622] (except subsection (b)(1)) of the Act 
are delegated to the Secretary of the Interior, the Secretary of 
Commerce, the Secretary of Agriculture, the Secretary of Defense, and 
the Department of Energy, to be exercised only with the concurrence of 
the Administrator, with respect to any release or threatened release 
affecting (1) natural resources under their trusteeship, or (2) a vessel 
or facility subject to their custody, jurisdiction, or control. Such 
authority shall not be exercised at any vessel or facility at which the 
Administrator is the lead Federal official for the conduct or oversight 
of a response action. Such authority shall not be construed to authorize 
or permit use of the Hazardous Substance Superfund to implement section 
106 or to fund performance of any response action in lieu of the payment 
by a person who receives but does not comply with an order pursuant to 
section 106(a), where such order has been issued by the Secretary of the 
Interior, the Secretary of Commerce, the Secretary of Agriculture, the 
Secretary of Defense, or the Secretary of Energy. This subsection shall 
not be construed to limit any authority delegated by any other section 
of this order. Authority granted under this subsection shall be 
exercised in a manner to ensure interagency coordination that enhances 
efficiency and effectiveness.
    (e) Notwithstanding any other provision of this Order, the authority 
under Sections 104(e)(5)(A) and 106(a) of the Act [42 U.S.C. 
9604(e)(5)(A), 9606(a)] to seek information, entry, inspection, samples, 
or response actions from Executive departments and agencies may be 
exercised only with the concurrence of the Attorney General.
    Sec. 5. Liability. (a) The function vested in the President by 
Section 107(c)(1)(C) of the Act [42 U.S.C. 9607(c)(1)(C)] is delegated 
to the Secretary of Transportation.
    (b) The functions vested in the President by Section 107(c)(3) of 
the Act are delegated to the Coast Guard with respect to any release or 
threatened release involving the coastal zone, Great Lakes waters, ports 
and harbors.
    (c) Subject to subsection (b) of this Section, the functions vested 
in the President by Section 107(c)(3) of the Act are delegated to the 
Administrator.
    (d) The functions vested in the President by Section 107(f)(1) of 
the Act are delegated to each of the Federal trustees for natural 
resources designated in the NCP for resources under their trusteeship.
    (e) The functions vested in the President by Section 107(f)(2)(B) of 
the Act, to receive notification of the state natural resource trustee 
designations, are delegated to the Administrator.
    Sec. 6. Litigation. (a) Notwithstanding any other provision of this 
Order, any representation pursuant to or under this Order in any 
judicial proceedings shall be by or through the Attorney General. The 
conduct and control of all litigation arising under the Act shall be the 
responsibility of the Attorney General.
    (b) Notwithstanding any other provision of this Order, the authority 
under the Act to require the Attorney General to commence litigation is 
retained by the President.
    (c) The functions vested in the President by Section 113(g) of the 
Act [42 U.S.C. 9613(g)], to receive notification of a natural resource 
trustee's intent to file suit, are delegated to the heads of Executive 
departments and agencies with respect to response actions for which they 
have been delegated authority under Section 2 of this Order. The 
Administrator shall promulgate procedural regulations for providing such 
notification.
    (d) The functions vested in the President by Sections [sic] 310(d) 
and (e) of the Act [42 U.S.C. 9659(d), (e)], relating to promulgation of 
regulations, are delegated to the Administrator.
    Sec. 7. Financial Responsibility. (a) The functions vested in the 
President by Section 107(k)(4)(B) of the Act [42 U.S.C. 9607(k)(4)(B)] 
are delegated to the Secretary of the Treasury. The Administrator will 
provide the Secretary with such technical information and assistance as 
the Administrator may have available.
    (b)(1) The functions vested in the President by Section 108(a)(1) of 
the Act [42 U.S.C. 9608(a)(1)] are delegated to the Coast Guard.
    (2) Subject to Section 4(a) of this Order, the functions vested in 
the President by Section 109 of the Act [42 U.S.C. 9609], relating to 
violations of Section 108(a)(1) of the Act, are delegated to the Coast 
Guard.
    (c)(1) The functions vested in the President by Section 108(b) of 
the Act are delegated to the Secretary of Transportation with respect to 
all transportation related facilities, including any pipeline, motor 
vehicle, rolling stock, or aircraft.
    (2) Subject to Section 4(a) of this Order, the functions vested in 
the President by Section 109 of the Act, relating to violations of 
Section 108(a)(3) of the Act, are delegated to the Secretary of 
Transportation.
    (3) Subject to Section 4(a) of this Order, the functions vested in 
the President by Section 109 of the Act, relating to violations of 
Section 108(b) of the Act, are delegated to the Secretary of 
Transportation with respect to all transportation related facilities, 
including any pipeline, motor vehicle, rolling stock, or aircraft.
    (d)(1) Subject to subsection (c)(1) of this Section, the functions 
vested in the President by Section 108(a)(4) and (b) of the Act are 
delegated to the Administrator.
    (2) Subject to Section 4(a) of this Order and subsection (c)(3) of 
this Section, the functions vested in the President by Section 109 of 
the Act, relating to violations of Section 108(a)(4) and (b) of the Act, 
are delegated to the Administrator.
    Sec. 8. Employee Protection and Notice to Injured. (a) The functions 
vested in the President by Section 110(e) of the Act [42 U.S.C. 9610(e)] 
are delegated to the Administrator.
    (b) The functions vested in the President by Section 111(g) of the 
Act [42 U.S.C. 9611(g)] are delegated to the Secretaries of Defense and 
Energy with respect to releases from facilities or vessels under the 
jurisdiction, custody or control of their departments, respectively, 
including vessels bare-boat chartered and operated.
    (c) Subject to subsection (b) of this Section, the functions vested 
in the President by Section 111(g) of the Act are delegated to the 
Administrator.
    Sec. 9. Management of the Hazardous Substance Superfund and Claims. 
(a) The functions vested in the President by Section 111(a) of the Act 
[42 U.S.C. 9611(a)] are delegated to the Administrator, subject to the 
provisions of this Section and other applicable provisions of this 
Order.
    (b) The Administrator shall transfer to other agencies, from the 
Hazardous Substance Superfund out of sums appropriated, such amounts as 
the Administrator may determine necessary to carry out the purposes of 
the Act. These amounts shall be consistent with the President's Budget, 
within the total approved by the Congress, unless a revised amount is 
approved by OMB. Funds appropriated specifically for the Agency for 
Toxic Substances and Disease Registry (``ATSDR''), shall be directly 
transferred to ATSDR, consistent with fiscally responsible investment of 
trust fund money.
    (c) The Administrator shall chair a budget task force composed of 
representatives of Executive departments and agencies having 
responsibilities under this Order or the Act. The Administrator shall 
also, as part of the budget request for the Environmental Protection 
Agency, submit to OMB a budget for the Hazardous Substance Superfund 
which is based on recommended levels developed by the budget task force. 
The Administrator may prescribe reporting and other forms, procedures, 
and guidelines to be used by the agencies of the Task Force in preparing 
the budget request, consistent with budgetary reporting requirements 
issued by OMB. The Administrator shall prescribe forms to agency task 
force members for reporting the expenditure of funds on a site specific 
basis.
    (d) The Administrator and each department and agency head to whom 
funds are provided pursuant to this Section, with respect to funds 
provided to them, are authorized in accordance with Section 111(f) of 
the Act [42 U.S.C. 9611(f)] to designate Federal officials who may 
obligate such funds.
    (e) The functions vested in the President by Section 112 of the Act 
[42 U.S.C. 9612] are delegated to the Administrator for all claims 
presented pursuant to Section 111 of the Act.
    (f) The functions vested in the President by Section 111(o) of the 
Act are delegated to the Administrator.
    (g) The functions vested in the President by Section 117(e) of the 
Act [42 U.S.C. 9617(e)] are delegated to the Administrator, to be 
exercised in consultation with the Attorney General.
    (h) The functions vested in the President by Section 123 of the Act 
[42 U.S.C. 9623] are delegated to the Administrator.
    (i) Funds from the Hazardous Substance Superfund may be used, at the 
discretion of the Administrator or the Coast Guard, to pay for removal 
actions for releases or threatened releases from facilities or vessels 
under the jurisdiction, custody or control of Executive departments and 
agencies but must be reimbursed to the Hazardous Substance Superfund by 
such Executive department or agency.
    Sec. 10. Federal Facilities. (a) When necessary, prior to selection 
of a remedial action by the Administrator under Section 120(e)(4)(A) of 
the Act [42 U.S.C. 9620(e)(4)(A)], Executive agencies shall have the 
opportunity to present their views to the Administrator after using the 
procedures under Section 1-6 of Executive Order No. 12088 of October 13, 
1978 [set out as a note under section 4321 of this title], or any other 
mutually acceptable process. Notwithstanding subsection 1-602 of 
Executive Order No. 12088, the Director of the Office of Management and 
Budget shall facilitate resolution of any issues.
    (b) Executive Order No. 12088 of October 13, 1978, is amended by 
renumbering the current Section 1-802 as Section 1-803 and inserting the 
following new Section 1-802.
    ``1-802. Nothing in this Order shall create any right or benefit, 
substantive or procedural, enforceable at law by a party against the 
United States, its agencies, its officers, or any person.''
    Sec. 11. General Provisions. (a) The function vested in the 
President by Section 101(37) of the Act [42 U.S.C. 9601(37)] is 
delegated to the Administrator.
    (b)(1) The function vested in the President by Section 105(f) of the 
Act [42 U.S.C. 9605(f)], relating to reporting on minority participation 
in contracts, is delegated to the Administrator.
    (2) Subject to paragraph 1 of this subsection, the functions vested 
in the President by Section 105(f) of the Act are delegated to the heads 
of Executive departments and agencies in order to carry out the 
functions delegated to them by this Order. Each Executive department and 
agency shall provide to the Administrator any requested information on 
minority contracting for inclusion in the Section 105(f) annual report.
    (c) The functions vested in the President by Section 126(c) of the 
Act [42 U.S.C. 9626(c)] are delegated to the Administrator, to be 
exercised in consultation with the Secretary of the Interior.
    (d) The functions vested in the President by Section 301(c) of the 
Act [42 U.S.C. 9651(c)] are delegated to the Secretary of the Interior.
    (e) Each agency shall have authority to issue such regulations as 
may be necessary to carry out the functions delegated to them by this 
Order.
    (f) The performance of any function under this Order shall be done 
in consultation with interested Federal departments and agencies 
represented on the NRT, as well as with any other interested Federal 
agency.
    (g) The following functions vested in the President by the Act which 
have been delegated or assigned by this Order may be redelegated to the 
head of any Executive department or agency with his consent: functions 
set forth in Sections 2 (except subsection (b)), 3, 4(b), 4(c), 4(d), 
5(b), 5(c), and 8(c) of this Order.
    (h) Executive Order No. 12316 of August 14, 1981, is revoked.

                  Section Referred to in Other Sections

    This section is referred to in section 9627 of this title.
