This is my examination of this Executive order signed by President Obama on March 16th, 2012.
I’ll be picking out notable excerpts and quoting them here. I also have copied and pasted the entire document on a page in this blog, for reference. So let us begin:
Sec. 102. Policy. The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national defense equipment in peacetime and in times of national emergency. The domestic industrial and technological base is the foundation for national defense preparedness. The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States.
This is interesting. Not only does it seem like the government is now worried about the lack of our ability to support ourselves as a nation, it also seems like they are worried we have become reliant on other countries to support ourselves, like a baby needing milk from its mommy (in this case the mommy is China).
Well, they are fairly dead on. The nation is currently lacking any serious industrial capacity. Many of our heavy industrial plants have closed down, in favor of cheaper labor, and less environmental controls in countries like China and Mexico. To become self sufficient again in this regard, some lax must be allowed in environmental laws to make up for the higher cost of labor here in the United States. That, plus perhaps incentives to these industries, may bring back the industry.
In some ways, this seems to be preparing for self reliance in the wake of a war declaration on China, and the need for us to begin producing items which previously were imported from China.
Sec. 104. Implementation. (a) The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation of national defense resource preparedness policy and shall make recommendations to the President on the use of authorities under the Act.
Section 104 is interesting in that it grants a lot more responsibility to the Department of Homeland Security. Now DHS will not only be there to review and oversee projects, but they are now core to policymaking in regards to homeland defense. A department, which 12 years ago, did not exist.
Sec. 201. Priorities and Allocations Authorities. (a) The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071, to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads:
(1) 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;
(2) the Secretary of Energy with respect to all forms of energy;
(3) the Secretary of Health and Human Services with respect to health resources;
(4) the Secretary of Transportation with respect to all forms of civil transportation;
(5) the Secretary of Defense with respect to water resources; and
(6) the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials.
The above section grants power to these department Secretaries. This power may be used in war time, or peace time, as deemed acceptable in the interest of ‘national defense’. That authority is granted below;
(b) The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions. Each Secretary shall authorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for materials, services, and facilities needed in support of programs approved under section 202 of this order.
This basically means that the federal government can determine that – for example – a farm which is producing organic wheat, would be better utilized to produce high starch corn, so they could come in and force the owner to change his crop, or even completely take over and appropriate his farm.
(c) Each resource department shall act, as necessary and appropriate, upon requests for special priorities assistance, in a time frame consistent with the urgency of the need at hand. In situations where there are competing program requirements for limited resources, the resource department shall consult with the Secretary who made the required determination under section 202 of this order. Such Secretary shall coordinate with and identify for the resource department which program requirements to prioritize on the basis of operational urgency. In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which program requirements should receive priority on the basis of operational urgency. ,
As per Section 801(l) of this order, “Special priorities assistance” means action by resource departments to assist with expediting deliveries, placing rated orders, locating suppliers, resolving production or delivery conflicts between various rated orders, addressing problems that arise in the fulfillment of a rated order or other action authorized by a delegated agency, and determining the validity of rated orders.
So basically, if the government thinks you aren’t doing a good enough job, they will come in and take over the operation.
(e) The Secretary of each resource department, when necessary, shall make the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b). This finding shall be submitted for the President’s approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution of any material (including applicable services) in the civilian market.
Sec. 202. Determinations. Except as provided in section 201(e) of this order, the authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense:
So basically section 201(e) gives power for these guys to take over any aspect of civilian life. But only if granted permission. Otherwise, they can’t do much unless it is to support programs that have been determined in writing as necessary or appropriate to promote the national defense.
(a) 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, space, and directly related activities;
(b) by the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and
(c) by the Secretary of Homeland Security with respect to all other national defense programs, including civil defense and continuity of Government.
I find (c) to be very interesting. So DHS is basically the backup government now? What a waste of taxpayer money…
This is likely in relation to Part V.
Sec. 204. Chemical and Biological Warfare. The authority of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b), is delegated to the Secretary of Defense. This authority may not be further delegated by the Secretary.
Section 204 is interesting, in that it grants the Secretary of Defense the authority to assign people to the task of being involved in any aspect of Chemical or Biological warfare. But also states that unless that authority has been given directly from the Secretary of Defense, or the President of the United States, that no ‘private’ person should be involved in this. This authority previously only resided with the President.
Part III is mainly related to financing and backing up loans, and ensuring finances are available for important items and services. A lot of it seems to be related to self sustainability, and rebuilding our industrial capacity. It seems that this section is to prepare the country for removing themselves from China and other imports. I think this is a good direction for the country to go. It needs to develop self sustainability, and I have written about that before. But where is all this money coming from? Or do we even care anymore?
Part IV is a part that I really do not understand. It appears that it gives the DHS a heck of a lot of power… But I am not overly sure.
Sec. 401. Delegations. The authority of the President under sections 708(c) and (d) of the Act, 50 U.S.C. App. 2158(c), (d), is delegated to the heads of agencies otherwise delegated authority under this order. The status of the use of such delegations shall be furnished to the Secretary of Homeland Security.
Sec. 402. Advisory Committees. The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services.
Sec. 403. Regulations. The Secretary of Homeland Security, after approval of the Attorney General, and after consultation by the Attorney General with the Chairman of the Federal Trade Commission, shall promulgate rules pursuant to section 708(e) of the Act, 50 U.S.C. App. 2158(e), incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out. Such rules may be adopted by other agencies to fulfill the rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e).
Who is this Administrator of General Services anyhow?
Part V is related to the National Defense Executive Reserve. Which is basically a backup government, or shadow government if you will… Okay, maybe it isn’t the shadow government.
Sec. 501. National Defense Executive Reserve. (a) In accordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e), there is established in the executive branch a National Defense Executive Reserve (NDER) composed of persons of recognized expertise from various segments of the private sector and from Government (except full time Federal employees) for training for employment in executive positions in the Federal Government in the event of a national defense emergency.
And of course all of this is run, by who else? The good ole’ Department of Homeland Security!
(b) The Secretary of Homeland Security shall issue necessary guidance for the NDER program, including appropriate guidance for establishment, recruitment, training, monitoring, and activation of NDER units and shall be responsible for the overall coordination of the NDER program. The authority of the President under section 710(e) of the Act, 50 U.S.C. App. 2160(e), to determine periods of national defense emergency is delegated to the Secretary of Homeland Security.
The rest of Section 501 seems to discuss what heads of various agencies may or may not do with their NDER programs, and then to sum it all up;
(f) Prior to activating the NDER unit, the head of the agency shall notify, in writing, the Assistant to the President for Homeland Security and Counterterrorism of the impending activation.
Moving onward, Section 502, grants the head of each agency the ability to employ experts, consultants or organizations, without compensation.
Sec. 502. Consultants. The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section may not be redelegated.
Sounds like forced slavery? “Hey you, so called ‘expert’. You will work for us now, for free, and you will like it!” I guess it sucks to be those people…
Think that sounds bad? Well, its not only the experts who should be worrying… Lets look at the next section, Section 601:
Sec. 601. Secretary of Labor. (a) The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall:
(1) collect and maintain data necessary to make a continuing appraisal of the Nation’s workforce needs for purposes of national defense;
In other words, who is available to fight and help defend our country? Who is with us? Who is against us? Who is physically able to pick up a firearm, and shoot? Who is physically able to build bombs, or tanks? etc…
(2) upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services;
So the Secretary of Labor is now to assist the Secretary of Defense and Director of Selective Service in managing a draft in case a war breaks out. (Note I said in case a war breaks out… We aren’t technically fighting any wars right now, even though our troops are deployed all over in combat roles). The rest of this Section is just filler, for the most part, but read it for yourself:
(3) upon request from the head of an agency with authority under this order, consult with that agency with respect to: (i) the effect of contemplated actions on labor demand and utilization; (ii) the relation of labor demand to materials and facilities requirements; and (iii) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;
(4) upon request from the head of an agency with authority under this order: (i) formulate plans, programs, and policies for meeting the labor requirements of actions to be taken for national defense purposes; and (ii) estimate training needs to help address national defense requirements and promote necessary and appropriate training programs; and
(5) develop and implement an effective labor management relations policy to support the activities and programs under this order, with the cooperation of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service.
Basically all planning and strategic resource management stipulations. Do we have the manpower? If not, how can we get the manpower? etc…
(b) All agencies shall cooperate with the Secretary of Labor, upon request, for the purposes of this section, to the extent permitted by law.
In other words, shut up slaves, and do what we say…
Section 7 is mostly to determine who this order applies to:
Sec. 701. The Defense Production Act Committee. (a) The Defense Production Act Committee (Committee) shall be composed of the following members, in accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b):
(1) The Secretary of State;
(2) The Secretary of the Treasury;
(3) The Secretary of Defense;
(4) The Attorney General;
(5) The Secretary of the Interior;
(6) The Secretary of Agriculture;
(7) The Secretary of Commerce;
(8) The Secretary of Labor;
(9) The Secretary of Health and Human Services;
(10) The Secretary of Transportation;
(11) The Secretary of Energy;
(12) The Secretary of Homeland Security;
(13) The Director of National Intelligence;
(14) The Director of the Central Intelligence Agency;
(15) The Chair of the Council of Economic Advisers;
(16) The Administrator of the National Aeronautics and Space Administration; and
(17) The Administrator of General Services.
And Section 8 is just full of definitions.
So there you have it. Basically this order sets up some stipulations for drafts, slavery, backup (reserve) executive government officials, controlling land, property, and businesses, building self sustainability, and dishing money out to public and private companies under the guise of national defense. Sounds very much like a communist country. No?
Go and read the whole order for yourself at whitehouse.gov
Tell me what you think. I look forward to your comments.