Construction of Arctic Security Cutters
The President issued a memorandum directing the Secretary of Homeland Security and the Director of the Office of Management and Budget to address the growing national security threat in the Arctic, caused by foreign adversaries, by allowing the construction of up to four Arctic Security Cutters (ASCs) in foreign shipyards.
This action is justified by the current inadequacy of the U.S. Coast Guard's icebreaker fleet, but it mandates a plan within 60 days to transition subsequent construction back to domestic facilities to onshore necessary expertise, establishing this foreign construction as a time-limited measure to bridge the immediate capability gap.
Arguments For
Addressing an urgent national security risk in the Arctic arising from strategic competition and aggressive foreign posturing.
Closing a critical current capability gap in the United States Coast Guard's icebreaking fleet necessary for maintaining sovereignty and protecting economic interests.
Establishing a plan within 60 days to phase foreign construction to ensure that expertise for subsequent domestic construction of icebreakers is brought back to the U.S. industrial base.
Utilizing existing legal authorities (14 U.S.C. 1151(b) and 10 U.S.C. 8679(b)) to enact a time-limited measure necessary for immediate operational needs.
Arguments Against
Authorizing the construction of military-purpose vessels abroad, potentially undermining domestic shipbuilding capacity in the long term despite the stated phasing plan.
Diverting funds for necessary domestic industrial base development by authorizing foreign construction for the initial four cutters.
Creating a temporary measure (4-year sunset clause) that may lead to continuity challenges or a rush to secure domestic capacity just before the authorization expires.
Setting a precedent for circumventing domestic procurement requirements under the guise of immediate national security necessity.
MEMORANDUM FOR THE SECRETARY OF HOMELAND SECURITY
The DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
The ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
The ASSISTANT TO THE PRESIDENT AND HOMELAND SECURITY ADVISOR
SUBJECT: Construction of Arctic Security Cutters
This directs the memorandum to specific high-ranking executive officials: the Secretary of Homeland Security, the Director of the Office of Management and Budget (OMB), the National Security Advisor, and the Homeland Security Advisor.
The subject clearly names the document's focus: the construction of Arctic Security Cutters (ASCs).
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct:
The President invokes the constitutional and legal authority vested in the office to issue mandatory directives to the Executive Branch officials named previously.
Section 1. Purpose. The United States faces an urgent and growing threat in the Arctic region posed by strategic competition, aggressive military posturing, and economic encroachment by foreign adversaries. These actions undermine United States sovereignty; jeopardize critical shipping lanes; and threaten energy, mineral, and national defense interests.
The United States Coast Guard’s fleet of icebreakers and Arctic-capable vessels remains insufficient to meet current operational demands and presents a national security risk.
The first section establishes the foundational reason for the action.
It identifies a significant and immediate national security concern in the Arctic due to actions by foreign competitors, which threaten U.S. sovereignty, shipping lanes, and strategic resources.
This section also states that the Coast Guard currently lacks enough icebreakers and Arctic-capable ships to handle current demands, framing this deficiency as a national security risk.
Sec. 2. Restriction on Construction of Vessels in Foreign Shipyards. (a) Pursuant to 14 U.S.C. 1151(b) and 10 U.S.C. 8679(b), I find that it is in the national security interest of the United States to construct up to four Arctic Security Cutters (ASCs) abroad. Within 60 days of the date of this memorandum, the United States Coast Guard, through the Secretary of Homeland Security, informed by the Icebreaker Collaboration Effort, shall submit to the Assistant to the President for National Security Affairs, the Assistant to the President and Homeland Security Advisor, and the Director of the Office of Management and Budget (OMB) a plan to phase the construction of ASCs in a manner that promotes the on-shoring of expertise necessary to build follow-on icebreakers domestically.
This section grants permission, based on specific existing legal statutes, to construct a maximum of four Arctic Security Cutters in shipyards outside the United States.
This authorization is explicitly deemed necessary for national security.
Furthermore, the Coast Guard, acting through the Secretary of Homeland Security and consulting the Icebreaker Collaboration Effort, must present a detailed plan within 60 days.
This plan must outline how the construction of these initial vessels will transition to promote bringing the expertise needed to build later icebreakers back to domestic U.S. yards.
(b) This memorandum shall not preclude continued investment in the United States industrial base or future domestic construction of ASCs. Rather, it is a time-limited measure to bridge a critical capability gap.
The memorandum clarifies that allowing offshore construction does not stop ongoing investment into the U.S. shipbuilding industry.
The temporary authority is presented as a necessary bridge to quickly fill the immediate operational shortfall in crucial icebreaking capabilities.
(c) The Director of OMB shall transmit this memorandum to the Congress consistent with 14 U.S.C. 1151(b) and 10 U.S.C. 8679(b)(2).
The Director of the Office of Management and Budget is tasked with formally forwarding this directive to the United States Congress, ensuring compliance with the relevant statutory notification requirements.
Sec. 3. Termination and Sunset Clause. This authorization shall terminate 4 years from the date of this memorandum unless extended by the President or terminated earlier through appropriate Presidential action.
This section establishes a definite expiration date for the authority allowing foreign construction of the ASCs.
The authorization will automatically cease four years after issuance unless the President explicitly chooses to extend it or terminates it sooner through a subsequent action.
Sec. 4. 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 OMB 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.
The final section outlines general rules for interpreting the memorandum.
It specifies that the directive does not override existing legal authorities held by executive departments or agencies, nor does it interfere with the OMB Director’s roles concerning budget or legislative plans.
Implementation must adhere to existing laws and depends entirely on whether necessary funding becomes available.
Finally, the document explicitly states that it does not grant any new legal rights or substantive claims enforceable by any party against the U.S. government or its personnel.
DONALD J. TRUMP The post Construction of Arctic Security Cutters appeared first on The White House.
The document is signed by President Donald J. Trump.
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