POLICE STATE USA: New Obama Executive Order
Seizes U.S. Infrastructure and Citizens for Military Preparedness
By Brandon Turbeville
Global Research, March 18, 2012
Activist Post - 2012-03-17
URL of this article: www.globalresearch.ca/index.php?context=va&aid=29835
In a stunning move, on March 16, 2012, Barack Obama signed an Executive Order
stating that the President and his specifically designated Secretaries
now have the authority to commandeer all domestic U.S. resources
including food and water. The EO also states that the President and his
Secretaries have the authority to seize all transportation, energy, and
infrastructure inside the United States as well as forcibly induct/draft
American citizens into the military. The EO also contains a vague
reference in regards to harnessing American citizens to fulfill “labor
requirements” for the purposes of national defense.
Not only that, but the authority claimed inside the EO does not only apply to National Emergencies and times of war. It also applies in peacetime.
The National Defense Resources Preparedness Executive Order exploits the “authority” granted to the President in the Defense Production Act of 1950 in order to assert that virtually every means of human survival is now available for confiscation and control by the President via his and his Secretaries’ whim.
The unconstitutionality of the overwhelming majority of Executive Orders is well established, as well as the illegality of denying citizens their basic Constitutional and human rights, even in the event of a legitimate national emergency. Likewise, it should also be pointed out that, like Obama’s recent Libyan adventure and the foregone conclusion of a Syrian intervention, there is no mention of Congress beyond a minor role of keeping the allegedly co-equal branch of government informed on contextually meaningless developments.
As was mentioned above, the scope of the EO is virtually all-encompassing. For instance, in “Section 201 – Priorities and Allocations Authorities,” the EO explains that the authority for the actions described in the opening paragraph rests with the President but is now delegated to the various Secretaries of the U.S. Federal Government. The list of delegations and the responsibility of the Secretaries as provided in this section are as follows:
Not only that, but the authority claimed inside the EO does not only apply to National Emergencies and times of war. It also applies in peacetime.
The National Defense Resources Preparedness Executive Order exploits the “authority” granted to the President in the Defense Production Act of 1950 in order to assert that virtually every means of human survival is now available for confiscation and control by the President via his and his Secretaries’ whim.
The unconstitutionality of the overwhelming majority of Executive Orders is well established, as well as the illegality of denying citizens their basic Constitutional and human rights, even in the event of a legitimate national emergency. Likewise, it should also be pointed out that, like Obama’s recent Libyan adventure and the foregone conclusion of a Syrian intervention, there is no mention of Congress beyond a minor role of keeping the allegedly co-equal branch of government informed on contextually meaningless developments.
As was mentioned above, the scope of the EO is virtually all-encompassing. For instance, in “Section 201 – Priorities and Allocations Authorities,” the EO explains that the authority for the actions described in the opening paragraph rests with the President but is now delegated to the various Secretaries of the U.S. Federal Government. The list of delegations and the responsibility of the Secretaries as provided in this section are as follows:
(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.
One
need only to read the “Definitions” section of the EO in order to
clearly see that terms such as “food resources” is an umbrella that
includes literally every form of food and food-related product that
could in any way be beneficial to human survival.
That
being said, “Section 601 – Secretary of Labor” delegates special
responsibilities to the Secretary of Labor as it involves not just
materials citizens will need for survival, but the actual citizens
themselves.
Obviously,
the ability of the U.S. government to induct and draft citizens into
the military against their will is, although a clear violation of their
rights, not an issue considered shocking by its nature of having been
invoked so many times in the past. Logically, this “authority” is
provided for in this section.
However,
what may be shocking is the fact that Section 601 also provides for the
mobilization of “labor” for purposes of the national defense. Although
some subsections read that evaluations are to be made regarding the
“effect and demand of labor utilization,” the implication is that
“labor” (meaning American workers) will be considered yet one more
resource to be seized for the purposes of “national defense.” The EO
reads,
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;
(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;
(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;
Notice
that the language of the EO does not state “in the event of a national
emergency.” Instead, we are given the term “purposes of national
defense.” This is because the “authorities” assumed by the President
have been assumed not just for arbitrary declarations of “national
emergency” but for peacetime as well. Indeed, the EO states this much
directly when it says,
The
head of each agency engaged in procurement for the national defense is
delegated the authority of the President under section 107(b)(1) of the
Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to ensure
that critical components, critical technology items, essential
materials, and industrial resources are available from reliable sources
when needed to meet defense requirements during peacetime, graduated
mobilization, and national emergency.
Presidential Executive Orders have long been used illegally
by Presidents of every political shade and have often been used destroy
the rights of American citizens. Although history has often come to
judge these orders as both immoral and unconstitutional, the fact is
that the victims of the orders suffered no less because of the
retroactive judgment of their progeny. It is for this reason that we
must immediately condemn and resist such obvious usurpation as is
currently being attempted by the U.S. government.
Nevertheless, some have no doubt begun to wonder why the President has signed such an order. Not only that, but why did he sign the order now? Is it because of the looming war with Iran or the Third World War that will likely result from such a conflict? Is it because of the ticking time bomb
called the economy that is only one jittery move or trade deal away
from total disintegration? Is it because of a growing sense of hatred of
their government amongst the general public? Is there a coming natural
disaster of which we are unaware? Are there plans for martial law?
Whatever
the reason for the recent announcement of Obama’s new Executive Order,
there is one thing we do know for sure - “It wouldn’t happen here” has
been the swan song of almost every victim of democide in modern human history.
Read other articles by Brandon Turbeville here.
Brandon Turbeville is an author out of Mullins, South Carolina. He has a Bachelor's Degree from Francis Marion University and is the author of three books, Codex Alimentarius -- The End of Health Freedom, 7 Real Conspiracies, and Five Sense Solutions. Turbeville has published over one hundred articles dealing with a wide variety of subjects including health, economics, government corruption, and civil liberties. Brandon Turbeville is available for podcast, radio, and TV interviews. Please contact us at activistpost (at) gmail.com.
EXECUTIVE ORDER
NATIONAL DEFENSE RESOURCES PREPAREDNESS
By the authority vested in me as President by the
Constitution and the laws of the United States of America, including the
Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.),
and section 301 of title 3, United States Code, and as Commander in
Chief of the Armed Forces of the United States, it is hereby ordered as
follows:
PART I - PURPOSE, POLICY, AND IMPLEMENTATION
Section 101. Purpose. This
order delegates authorities and addresses national defense resource
policies and programs under the Defense Production Act of 1950, as
amended (the "Act").
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.
Sec. 103. General Functions.
Executive departments and agencies (agencies) responsible for plans and
programs relating to national defense (as defined in section 801(j) of
this order), or for resources and services needed to support such plans
and programs, shall:
(a) identify requirements for the full spectrum of emergencies, including essential military and civilian demand;
(b) assess on an ongoing basis the capability of the
domestic industrial and technological base to satisfy requirements in
peacetime and times of national emergency, specifically evaluating the
availability of the most critical resource and production sources,
including subcontractors and suppliers, materials, skilled labor, and
professional and technical personnel;
(c) be prepared, in the event of a potential threat
to the security of the United States, to take actions necessary to
ensure the availability of adequate resources and production capability,
including services and critical technology, for national defense
requirements;
(d) improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements; and
(e) foster cooperation between the defense and
commercial sectors for research and development and for acquisition of
materials, services, components, and equipment to enhance industrial
base efficiency and responsiveness.
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.
(b) The Secretary of Homeland Security shall:
(1) advise the
President on issues of national defense resource preparedness and on the
use of the authorities and functions delegated by this order;
(2) provide for the
central coordination of the plans and programs incident to authorities
and functions delegated under this order, and provide guidance to
agencies assigned functions under this order, developed in consultation
with such agencies; and
(3) report to the President periodically concerning all program activities conducted pursuant to this order.
(c) The Defense Production Act Committee, described in section 701 of this order, shall:
(1) in a manner
consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b), advise
the President through the Assistant to the President and National
Security Advisor, the Assistant to the President for Homeland Security
and Counterterrorism, and the Assistant to the President for Economic
Policy on the effective use of the authorities under the Act; and
(2) prepare and coordinate an annual report to the Congress pursuant to section 722(d) of the Act, 50 U.S.C. App. 2171(d).
(d) The Secretary of Commerce, in
cooperation with the Secretary of Defense, the Secretary of Homeland
Security, and other agencies, shall:
(1) analyze potential
effects of national emergencies on actual production capability, taking
into account the entire production system, including shortages of
resources, and develop recommended preparedness measures to strengthen
capabilities for production increases in national emergencies; and
(2) perform industry
analyses to assess capabilities of the industrial base to support the
national defense, and develop policy recommendations to improve the
international competitiveness of specific domestic industries and their
abilities to meet national defense program needs.
PART II - PRIORITIES AND ALLOCATIONS
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.
(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.
(c) Each resource department shall act, as necessary
and appropriate, upon requests for special priorities assistance, as
defined by section 801(l) of this order, 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.
(d) If agreement cannot be reached between two such
Secretaries, then the issue shall be referred to the President through
the Assistant to the President and National Security Advisor and the
Assistant to the President for Homeland Security and Counterterrorism.
(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:
(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.
Sec. 203. Maximizing Domestic Energy Supplies.
The authorities of the President under section 101(c)(1) (2) of the
Act, 50 U.S.C. App. 2071(c)(1) (2), are delegated to the Secretary of
Commerce, with the exception that the authority to make findings that
materials (including equipment), services, and facilities are critical
and essential, as described in section 101(c)(2)(A) of the Act, 50
U.S.C. App. 2071(c)(2)(A), is delegated to the Secretary of Energy.
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.
PART III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
Sec. 301. Loan Guarantees.
(a) To reduce current or projected shortfalls of resources, critical
technology items, or materials essential for the national defense, the
head of each agency engaged in procurement for the national defense, as
defined in section 801(h) of this order, is authorized pursuant to
section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by
private institutions.
(b) Each guaranteeing agency is designated and
authorized to: (1) act as fiscal agent in the making of its own
guarantee contracts and in otherwise carrying out the purposes of
section 301 of the Act; and (2) contract with any Federal Reserve Bank
to assist the agency in serving as fiscal agent.
(c) Terms and conditions of guarantees under this
authority shall be determined in consultation with the Secretary of the
Treasury and the Director of the Office of Management and Budget (OMB).
The guaranteeing agency is authorized, following such consultation, to
prescribe: (1) either specifically or by maximum limits or otherwise,
rates of interest, guarantee and commitment fees, and other charges
which may be made in connection with such guarantee contracts; and (2)
regulations governing the forms and procedures (which shall be uniform
to the extent practicable) to be utilized in connection therewith.
Sec. 302. Loans. To reduce
current or projected shortfalls of resources, critical technology items,
or materials essential for the national defense, the head of each
agency engaged in procurement for the national defense is delegated the
authority of the President under section 302 of the Act, 50 U.S.C. App.
2092, to make loans thereunder. Terms and conditions of loans under
this authority shall be determined in consultation with the Secretary of
the Treasury and the Director of OMB.
Sec. 303. Additional Authorities.
(a) To create, maintain, protect, expand, or restore domestic
industrial base capabilities essential for the national defense, the
head of each agency engaged in procurement for the national defense is
delegated the authority of the President under section 303 of the Act,
50 U.S.C. App. 2093, to make provision for purchases of, or commitments
to purchase, an industrial resource or a critical technology item for
Government use or resale, and to make provision for the development of
production capabilities, and for the increased use of emerging
technologies in security program applications, and to enable rapid
transition of emerging technologies.
(b) Materials acquired under section 303 of the Act,
50 U.S.C. App. 2093, that exceed the needs of the programs under the
Act may be transferred to the National Defense Stockpile, if, in the
judgment of the Secretary of Defense as the National Defense Stockpile
Manager, such transfers are in the public interest.
Sec. 304. Subsidy Payments. To
ensure the supply of raw or nonprocessed materials from high cost
sources, or to ensure maximum production or supply in any area at stable
prices of any materials in light of a temporary increase in
transportation cost, the head of each agency engaged in procurement for
the national defense is delegated the authority of the President under
section 303(c) of the Act, 50 U.S.C. App. 2093(c), to make subsidy
payments, after consultation with the Secretary of the Treasury and the
Director of OMB.
Sec. 305. Determinations and Findings.
(a) Pursuant to budget authority provided by an appropriations act in
advance for credit assistance under section 301 or 302 of the Act, 50
U.S.C. App. 2091, 2092, and consistent with the Federal Credit Reform
Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head
of each agency engaged in procurement for the national defense is
delegated the authority to make the determinations set forth in sections
301(a)(2) and 302(b)(2) of the Act, in consultation with the Secretary
making the required determination under section 202 of this order;
provided, that such determinations shall be made after due consideration
of the provisions of OMB Circular A 129 and the credit subsidy score
for the relevant loan or loan guarantee as approved by OMB pursuant to
FCRA.
(b) Other than any determination by the President
under section 303(a)(7)(b) of the Act, the head of each agency engaged
in procurement for the national defense is delegated the authority to
make the required determinations, judgments, certifications, findings,
and notifications defined under section 303 of the Act, 50 U.S.C. App.
2093, in consultation with the Secretary making the required
determination under section 202 of this order.
Sec. 306. Strategic and Critical Materials.
The Secretary of Defense, and the Secretary of the Interior in
consultation with the Secretary of Defense as the National Defense
Stockpile Manager, are each delegated the authority of the President
under section 303(a)(1)(B) of the Act, 50 U.S.C. App. 2093(a)(1)(B), to
encourage the exploration, development, and mining of strategic and
critical materials and other materials.
Sec. 307. Substitutes. The
head of each agency engaged in procurement for the national defense is
delegated the authority of the President under section 303(g) of the
Act, 50 U.S.C. App. 2093(g), to make provision for the development of
substitutes for strategic and critical materials, critical components,
critical technology items, and other resources to aid the national
defense.
Sec. 308. Government-Owned Equipment.
The head of each agency engaged in procurement for the national defense
is delegated the authority of the President under section 303(e) of the
Act, 50 U.S.C. App. 2093(e), to:
(a) procure and install additional equipment,
facilities, processes, or improvements to plants, factories, and other
industrial facilities owned by the Federal Government and to procure and
install Government owned equipment in plants, factories, or other
industrial facilities owned by private persons;
(b) provide for the modification or expansion of
privately owned facilities, including the modification or improvement of
production processes, when taking actions under sections 301, 302, or
303 of the Act, 50 U.S.C. App. 2091, 2092, 2093; and
(c) sell or otherwise transfer equipment owned by
the Federal Government and installed under section 303(e) of the Act, 50
U.S.C. App. 2093(e), to the owners of such plants, factories, or other
industrial facilities.
Sec. 309. Defense Production Act Fund.
The Secretary of Defense is designated the Defense Production Act Fund
Manager, in accordance with section 304(f) of the Act, 50 U.S.C. App.
2094(f), and shall carry out the duties specified in section 304 of the
Act, in consultation with the agency heads having approved, and
appropriated funds for, projects under title III of the Act.
Sec. 310. Critical Items. The
head of each agency engaged in procurement for the national defense is
delegated the authority of the President under section 107(b)(1) of the
Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to ensure
that critical components, critical technology items, essential
materials, and industrial resources are available from reliable sources
when needed to meet defense requirements during peacetime, graduated
mobilization, and national emergency. Appropriate action may include
restricting contract solicitations to reliable sources, restricting
contract solicitations to domestic sources (pursuant to statutory
authority), stockpiling critical components, and developing substitutes
for critical components or critical technology items.
Sec. 311. Strengthening Domestic Capability.
The head of each agency engaged in procurement for the national defense
is delegated the authority of the President under section 107(a) of the
Act, 50 U.S.C. App. 2077(a), to utilize the authority of title III of
the Act or any other provision of law to provide appropriate incentives
to develop, maintain, modernize, restore, and expand the productive
capacities of domestic sources for critical components, critical
technology items, materials, and industrial resources essential for the
execution of the national security strategy of the United States.
Sec. 312. Modernization of Equipment.
The head of each agency engaged in procurement for the national
defense, in accordance with section 108(b) of the Act, 50 U.S.C. App.
2078(b), may utilize the authority of title III of the Act to guarantee
the purchase or lease of advance manufacturing equipment, and any
related services with respect to any such equipment for purposes of the
Act. In considering title III projects, the head of each agency engaged
in procurement for the national defense shall provide a strong
preference for proposals submitted by a small business supplier or
subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C.
App. 2078(b)(2).
PART IV - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES
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).
PART V - EMPLOYMENT OF PERSONNEL
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.
(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.
(c) The head of any agency may implement section 501(a) of this order with respect to NDER operations in such agency.
(d) The head of each agency with an NDER unit may
exercise the authority under section 703 of the Act, 50 U.S.C. App.
2153, to employ civilian personnel when activating all or a part of its
NDER unit. The exercise of this authority shall be subject to the
provisions of sections 501(e) and (f) of this order and shall not be
redelegated.
(e) The head of an agency may activate an NDER unit,
in whole or in part, upon the written determination of the Secretary of
Homeland Security that an emergency affecting the national defense
exists and that the activation of the unit is necessary to carry out the
emergency program functions of the agency.
(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.
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.
PART VI - LABOR REQUIREMENTS
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;
(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;
(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.
(b) All agencies shall cooperate with the Secretary
of Labor, upon request, for the purposes of this section, to the extent
permitted by law.
PART VII - DEFENSE PRODUCTION ACT COMMITTEE
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.
(b) The Director of OMB and the Director of the
Office of Science and Technology Policy shall be invited to participate
in all Committee meetings and activities in an advisory role. The
Chairperson, as designated by the President pursuant to section 722 of
the Act, 50 U.S.C. App. 2171, may invite the heads of other agencies or
offices to participate in Committee meetings and activities in an
advisory role, as appropriate.
Sec. 702. Offsets. The
Secretary of Commerce shall prepare and submit to the Congress the
annual report required by section 723 of the Act, 50 U.S.C. App. 2172,
in consultation with the Secretaries of State, the Treasury, Defense,
and Labor, the United States Trade Representative, the Director of
National Intelligence, and the heads of other agencies as appropriate.
The heads of agencies shall provide the Secretary of Commerce with such
information as may be necessary for the effective performance of this
function.
PART VIII - GENERAL PROVISIONS
Sec. 801. Definitions. In
addition to the definitions in section 702 of the Act, 50 U.S.C. App.
2152, the following definitions apply throughout this order:
(a) "Civil transportation" includes movement of
persons and property by all modes of transportation in interstate,
intrastate, or foreign commerce within the United States, its
territories and possessions, and the District of Columbia, and related
public storage and warehousing, ports, services, equipment and
facilities, such as transportation carrier shop and repair facilities.
"Civil transportation" also shall include direction, control, and
coordination of civil transportation capacity regardless of ownership.
"Civil transportation" shall not include transportation owned or
controlled by the Department of Defense, use of petroleum and gas
pipelines, and coal slurry pipelines used only to supply energy
production facilities directly.
(b) "Energy" means all forms of energy including
petroleum, gas (both natural and manufactured), electricity, solid fuels
(including all forms of coal, coke, coal chemicals, coal liquification,
and coal gasification), solar, wind, other types of renewable energy,
atomic energy, and the production, conservation, use, control, and
distribution (including pipelines) of all of these forms of energy.
(c) "Farm equipment" means equipment, machinery, and
repair parts manufactured for use on farms in connection with the
production or preparation for market use of food resources.
(d) "Fertilizer" means any product or combination of
products that contain one or more of the elements nitrogen, phosphorus,
and potassium for use as a plant nutrient.
(e) "Food resources" means all commodities and
products, (simple, mixed, or compound), or complements to such
commodities or products, that are capable of being ingested by either
human beings or animals, irrespective of other uses to which such
commodities or products may be put, at all stages of processing from the
raw commodity to the products thereof in vendible form for human or
animal consumption. "Food resources" also means potable water packaged
in commercially marketable containers, all starches, sugars, vegetable
and animal or marine fats and oils, seed, cotton, hemp, and flax fiber,
but does not mean any such material after it loses its identity as an
agricultural commodity or agricultural product.
(f) "Food resource facilities" means plants,
machinery, vehicles (including on farm), and other facilities required
for the production, processing, distribution, and storage (including
cold storage) of food resources, and for the domestic distribution of
farm equipment and fertilizer (excluding transportation thereof).
(g) "Functions" include powers, duties, authority, responsibilities, and discretion.
(h) "Head of each agency engaged in procurement for
the national defense" means the heads of the Departments of State,
Justice, the Interior, and Homeland Security, the Office of the Director
of National Intelligence, the Central Intelligence Agency, the National
Aeronautics and Space Administration, the General Services
Administration, and all other agencies with authority delegated under
section 201 of this order.
(i) "Health resources" means drugs, biological
products, medical devices, materials, facilities, health supplies,
services and equipment required to diagnose, mitigate or prevent the
impairment of, improve, treat, cure, or restore the physical or mental
health conditions of the population.
(j) "National defense" means programs for military
and energy production or construction, military or critical
infrastructure assistance to any foreign nation, homeland security,
stockpiling, space, and any directly related activity. Such term
includes emergency preparedness activities conducted pursuant to title
VI of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection and restoration.
(k) "Offsets" means compensation practices required
as a condition of purchase in either government to government or
commercial sales of defense articles and/or defense services as defined
by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22 C.F.R. 120.1 130.17.
(l) "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.
(m) "Strategic and critical materials" means
materials (including energy) that (1) would be needed to supply the
military, industrial, and essential civilian needs of the United States
during a national emergency, and (2) are not found or produced in the
United States in sufficient quantities to meet such need and are
vulnerable to the termination or reduction of the availability of the
material.
(n) "Water resources" means all usable water, from
all sources, within the jurisdiction of the United States, that can be
managed, controlled, and allocated to meet emergency requirements,
except "water resources" does not include usable water that qualifies as
"food resources."
Sec. 802. General. (a) Except
as otherwise provided in section 802(c) of this order, the authorities
vested in the President by title VII of the Act, 50 U.S.C. App. 2151 et seq.,
are delegated to the head of each agency in carrying out the delegated
authorities under the Act and this order, by the Secretary of Labor in
carrying out part VI of this order, and by the Secretary of the Treasury
in exercising the functions assigned in Executive Order 11858, as
amended.
(b) The authorities that may be exercised and performed pursuant to section 802(a) of this order shall include:
(1) the power to redelegate
authorities, and to authorize the successive redelegation of authorities
to agencies, officers, and employees of the Government; and
(2) the power of subpoena under
section 705 of the Act, 50 U.S.C. App. 2155, with respect to (i)
authorities delegated in parts II, III, and section 702 of this order,
and (ii) the functions assigned to the Secretary of the Treasury in
Executive Order 11858, as amended, provided that the subpoena power
referenced in subsections (i) and (ii) shall be utilized only after the
scope and purpose of the investigation, inspection, or inquiry to which
the subpoena relates have been defined either by the appropriate officer
identified in section 802(a) of this order or by such other person or
persons as the officer shall designate.
(c) Excluded from the authorities delegated by
section 802(a) of this order are authorities delegated by parts IV and V
of this order, authorities in section 721 and 722 of the Act, 50 U.S.C.
App. 2170 2171, and the authority with respect to fixing compensation
under section 703 of the Act, 50 U.S.C. App. 2153.
Sec. 803. Authority. (a)
Executive Order 12919 of June 3, 1994, and sections 401(3) (4) of
Executive Order 12656 of November 18, 1988, are revoked. All other
previously issued orders, regulations, rulings, certificates,
directives, and other actions relating to any function affected by this
order shall remain in effect except as they are inconsistent with this
order or are subsequently amended or revoked under proper authority.
Nothing in this order shall affect the validity or force of anything
done under previous delegations or other assignment of authority under
the Act.
(b) Nothing in this order shall affect the
authorities assigned under Executive Order 11858 of May 7, 1975, as
amended, except as provided in section 802 of this order.
(c) Nothing in this order shall affect the authorities assigned under Executive Order 12472 of April 3, 1984, as amended.
Sec. 804. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise
affect functions of the Director of OMB relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order 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.
BARACK OBAMA
THE WHITE HOUSE,
March 16, 2012.
March 16, 2012.
