White House gives Homeland Security control of all communication systems

RT - Published: 13 July, 2012

The White House has finally responded to criticism over US President Barack Obama’s hushed signing last week of an Executive Order that allows the government to command privately-owned communication systems and acknowledges its implications.

When President Obama inked his name to the Assignment of National Security and Emergency Preparedness Communications Functions Executive Order on July 6, he authorized the US Department of Homeland Security to take control of the country’s wired and wireless communications — including the Internet — in instances of emergency. The signing was accompanied with little to no acknowledgment outside of the White House, but initial reports on the order quickly caused the public to speak out over what some equated to creating an Oval Office kill switch for the Web. Now the Obama administration is addressing those complaints by calling the Executive Order a necessary implement for America’s national security.

“The [order] recognizes the creation of DHS and provides the Secretary the flexibility to organize the communications systems and functions that reside within the department as [Homeland Security Secretary Janet A. Napolitano] believes will be most effective,” White House spokeswoman Caitlin Hayden tells the Washington Post. 

Hayden insists that “The [order] does not transfer authorities between or among departments,” but the order does indeed allow the DHS to establish and implement control over even the privately owned communication systems in the country, including Internet Service Providers such as Time Warner, Verizon and Comcast, if the administration agrees that it is warranted for security’s sake.

Immediately after last week’s signing, the Electronic Privacy Information Center (EPIC) said the order allowed the DHS "the authority to seize private facilities when necessary, effectively shutting down or limiting civilian communications." 

Following up with the Post this week, EPIC attorney Amie Stephanovich stands by that initial explanation, agreeing that the DHS can now “seize control of telecommunications facilities, including telephone, cellular and wireless networks, in order to prioritize government communications over private ones in an emergency.”

“The previous orders did not give DHS those authorities over private and commercial networks,” adds. Stepanovich. “That’s a new authority.”

According to the order, the DHS can take charge of “commercial, government, and privately owned communications resources” to satisfy what is described as “priority communication requirements.” With little insight from outside the White House, though, what constitutes such an emergency may very well be decided on by Washington, where the country’s elected leaders are still split on all things involving the Internet.

Even still, Stepanovich says that approaching Capitol Hill for comment before rushing through an Executive Order could have caused things to come out differently, but would have also arguably brought forth a firestorm such as the one that accompanied an attempt to pass the Stop Online Piracy Act. When Congress tried to pass SOPA this year — which included provisions that were argued to grossly regulate the Internet — protests nationwide played a massive part in killing the legislation.

“This should have been done by Congress, so there could have been proper debate about it,” Stepanovich tells the Post of last week’s signing. “This is not authority that should be granted by executive order.”

White House spokesperson Hayden adds to the Post, “Mobile phones, the Internet, and social media are all now integral to the communications landscape,” concreting still the allegations that this order could be used as a kill switch to any of the millions upon millions of handheld and desktop devices across the country.

Obama administration eyes executive action to combat online piracy

By Stephen C. Webster - RAW Story
Wednesday, June 27, 2012

 

The Obama administration is soliciting recommendations for internal policy changes, or possibly even an executive order, that would be aimed at combating online piracy in the U.S. and abroad, Raw Story has learned.

After the failure of the Protect IP Act (PIPA) and the Stop Online Piracy Act (SOPA) earlier this year, congressional efforts to reform intellectual property laws have remained largely stalled. However, the administration still holds some power in this realm. A little-noticed solicitation for public comment published Tuesday in the federal register (PDF, see pages 99-101) seems to indicate that, like recent changes to immigration enforcement priorities, President Barack Obama may just go it alone on increasing IP enforcement measures.

In particular, the Executive Office of the President wants to know if the public has any recommendations for copyright reforms via “legislation, regulation, guidance, executive order, Presidential memoranda, or other executive action including, but not limited to, changes to agency policies, practices or methods.” Put bluntly, this means the Obama administration will consider pitches for unilateral executive action on copyright enforcement reforms, among other possible course of action.

While the solicitation does not directly propose any specific action, it sets out objectives for the Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) as approved by Congress in the PRO IP Act, which was signed into law by President George W. Bush in 2008.

The PRO IP Act established an executive-level “copyright czar,” created a new division within the Department of Justice dedicated exclusively to tracking down intellectual property offenders and raised the penalties for copyright offenders. It was strongly supported by the U.S. Chamber of Commerce, Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA).

The IPEC states that its objectives include: setting up a new international regulatory framework to combat online piracy; helping facilitate law enforcement information sharing between agencies and countries; reducing the number of countries that ignore or fail to enforce U.S. copyright laws; disrupting networks in the U.S. and abroad seen as dedicated to copyright infringement; and providing assistance and training to countries willing to enforce U.S. intellectual property laws.

The copyright czar’s solicitation reads like is directed specifically at the big content industries, and notes that they welcome “submission on the economic costs of enforcing intellectual property rights.” It also asks several very pointed questions that only industry bigwigs would be equipped to answer, such as:

1. How can international regulatory and law enforcement collaboration and information sharing be enhanced to address cross-border intellectual
property infringement?

2. What legal or operational changes might be made, or collaborative steps undertaken between federal agencies and the private sector, to streamline or improve the efficacy of enforcement efforts directed at protecting intellectual property rights?

Many of those same goals were shared by copyright enforcement legislation that failed earlier this year after the Internet’s largest-ever work stoppage protest clogged the congressional switchboard with angry calls from lawmakers’ constituents. (Disclosure: The Raw Story’s management participated in that protest.) Nearing the end of that debate, President Obama’s aides announced that he was opposed provisions in those bills that critics said could lead to Internet censorship.

The solicitation directs interested parties to send recommendations via Regulations.gov. The window for public comment is set to close on July 25.

The IPEC did not respond to Raw Story’s request for comment.

Obama Executive Order: Peacetime Martial Law?

Sat Mar 17 2012 BIN

This Executive Order was posted on the WhiteHouse.gov web site on Friday, March 16, 2012, under the name National Defense Resources Preparedness. In a nutshell, it's the blueprint for Peacetime Martial Law and it gives the president the power to take just about anything deemed necessary for "National Defense", whatever they decide that is. It's peacetime, because as the title of the order says, it's for "Preparedness". A copy of the entire order follows the end of this story.

Under this order the heads of these cabinet level positions; Agriculture, Energy, Health and Human Services, Transportation, Defense and Commerce can take food, livestock, fertilizer, farm equipment, all forms of energy, water resources, all forms of civil transporation (meaning any vehicles, boats, planes), and any other materials, including construction materials from wherever they are available. This is probably why the government has been visiting farms with GPS devices, so they know exactly where to go when they turn this one on.

Specifically, the government is allowed to allocate materials, services, and facilities as deemed necessary or appropriate. They decide what necessary or appropriate means.

UPDATE: BIN reader Kent Welton writes: This allows for the giving away of USA assets and subsidies to private companies: "(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.

What happens if the government decides it needs all these things to be prepared, even if there is no war? You likely won't be able to walk into a store to purchase virtually anything because it will all be requisitioned, "rationed" and controlled by the government. Construction materials, food like meat, butter and sugar, anything imported, parts, tires and fuel for vehicles, clothing, etc. will likely become unobtainable, or at least very scarce. How many things are even made here in the USA any more?

A bit of history... During WWII, price stabilization didn't begin until May of 1942, which froze prices on nearly all every day goods and rationing started in 1943. Why would the government want to control everything before a war?

Will there be rationing under this kind of system? What better way to control the movement and actions of the populace...


WWII era gas ration cards via Old Chester PA. You couldn't go on vacation without a "vacation pass".

Under this new Executive Order, cabinet heads are authorized to loan money, offer loan guarantees and even subsidize payments at above market rates (no bid contracts?) for whatever they need. This could make Solyndra or Halliburton look like Junior Achievement. Nothing like a war will generate these kinds of huge profits for the corporate "partners" and you can bet the bankers and contractors are already lining up for this one -- because under this order no war is even required!

In a crisis situation, the government will be able to take whatever they need, print money to get whatever they want and distribute it as they see fit....for the benefit of a "war effort" or the politically connected corporations and individuals. All other contracts except those for employment are superseded by this executive order, it's all here in black and white.

Specifically, it orders:

"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.

Link HERE

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The White House

Office of the Press Secretary

For Immediate Release

March 16, 2012

Executive Order -- National Defense Resources Preparedness

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.

The Dangers in Classifying the News

Wednesday, October 19, 2011 by Deepinks Blog / EFF

by Jennifer Lynch and Trevor Timm

“When everything is classified, then nothing is classified…The system becomes one to be disregarded by the cynical or the careless and to be manipulated by those intent on self-protection or self-promotion.” ~ Justice Stewart, New York Times v. United States, 1971.

Last week, the White House issued the so-called ‘WikiLeaks’ Executive Order, which mandates better security for the nation’s classified computer systems. While ensuring that the government has better security over its own systems is a good goal, it fails to address an equally important problem: the American government’s addiction to overclassification, which goes far beyond the appropriate and effective means necessary to safeguard real secrets.

The Order, announced nine months ago, was put on “a relatively fast track” by the administration, according to Secrecy News, yet the much more meaningful changes to the classification system President Obama pledged to implement at the very beginning of his presidency have been all but ignored.

In 2009, President Obama famously promised “an unprecedented level of openness” in his administration, and a lynchpin in his open government plan was an overhaul of the government’s bloated secrecy system. In a memo on classification on May 27, 2009, he directed all government agencies to aggressively tackle the problem of overclassification and find ways to reduce the number of classified documents. Included in his proposals were a National Declassification Center and “the possible restoration of the presumption against classification."

He wrote the memo for good reason. The amount of sensitive information held by the government at the end of the Bush Administration was extraordinary, as Suffolk Law Professor Alastair Roberts illustrates, using the largest leak in U.S. history—the WikiLeaks cache—as a starting point:

[T]he leaked State Department cables might have added up to about two gigabytes of data—one-quarter of an eight-gigabyte memory card. By comparison, it has been estimated that the outgoing Bush White House transferred 77 terabytes of data to the National Archives in 2009.  That is almost 10,000 memory cards for the White House alone. The holdings of other agencies are even larger.

And the problem is even older than that.  Several US Commissions, including one chaired by Senator Moynihan in the mid-90s and the 9/11 Commission in the last decade, found that unnecessary classification was rampant. EFF’s FOIA work is often thwarted by government claims under Exemption 1 of the Freedom of Information Act, which prevents the release of classified information.

Unfortunately, besides the most peripheral and cosmetic changes, government secrecy has only increased since Obama took office.  Last year, as part of their Washington Post series and subsequent book Top Secret America, Dana Priest and William Arkin reported, “An estimated 854,000 people, nearly 1.5 times as many people as live in Washington, D.C., hold top-secret security clearances.” Yet incredibly, when the government released its official count as part of an intelligence community report to Congress two months ago, the number of people holding the Top Secret clearance had ballooned to 1,419,051.  And the same report noted that 4.2 million people hold some level of security clearances for access to classified information.

Document classification, already at record highs under the Bush Administration, has continued to explode as well. The government classified a staggering 77 million documents in 2010, a 40% increase over the previous year.

Overclassification causes a myriad of problems. It can open the government up to ridicule, like when the CIA recently refused to release a single passage from its study on global warming, claiming it would harm national security. It can stifle public debate, like two months ago when the CIA tried to censor the memoir critical of its post-9/11 tactics (despite the fact that much of the information that had already been revealed in Congressional testimony).  It can encourage waste and incompetence, as it has at the Department of Homeland Security, where even the budget and number of employees is classified. And most critically, it can be used as a veil to hide illegal conduct, such as the NSA's warrantless wiretapping program.

With so much information stamped “secret,” leaks to the media are inevitable.  On October 4th, the New York Times reported on just that: the “growing phenomenon” of public but classified information.

The older and larger drone program in Pakistan, for instance, is a centerpiece of American foreign policy, discussed daily in the news media — but it cannot be mentioned at a public Congressional hearing. The State Department cables published by WikiLeaks can be found on the Web with a few mouse clicks and have affected relations with dozens of countries — but American officials cannot publicly discuss them.

Nowhere was this absurdity starker than when the media reported on the death of Yemen’s alleged al-Qaeda leader Anwar al-Awlaki, a U.S. citizen, at the hands of a (classified) C.I.A. drone. The evidence against him, the panel of U.S officials who decided he was to be put on a “kill list,” and the legal memo “authorizing” his killing were all “Top Secret,” despite the extraordinary constitutional implications of extrajudicially killing an American citizen.

While technically secret, these stories were plastered over the front pages of newspapers every day for one reason: leaks from government officials to journalists. Leaks of classified information, both helpful and damaging to administrations, have been commonplace for decades, and the Obama administration is no different.

But while high-level White House officials continually leak Top Secret information to justify their covert actions and to combat criticism, Obama’s Justice Department is also engaged in an unprecedented campaign to prosecute lower-level whistleblowers that leak information to the press in the name of public interest. This is in contradiction of another pledge Obama made to protect and strengthen whistleblower protections during his 2008 campaign. His administration, in just two and a half years, has indicted five leakers under the Espionage Act. That’s more than every president since Richard Nixon—combined.

In addition, the Justice Department is currently trying to indict WikiLeaks for publishing classified information—a case that has huge First Amendment implications and could potentially criminalize portions of national security journalism.

By keeping everything “secret” and selectively prosecuting leakers, Obama is, as Glenn Greenwald put it,  “trumpeting information that makes the leader and his government look good while suppressing anything with the force of criminal law that does the opposite.”

The government’s secrecy obsession has many remedies, however. J. William Leonard, George W. Bush’s former “classification czar,” thinks overclassifiers should be sanctioned. The Brennen Center just released a series of innovative proposals—from requiring a written explanation every time a document is stamped ‘secret,’ to allowing authorized clearance holders to win cash prizes for successfully challenging an improperly classified document.

Or Obama could just implement the ideas he already proposed two years ago.

White House on War Powers Deadline: 'Limited' US Role in Libya Means No Need to Get Congressional Authorization

(From the George W. Bush book, I Don't Need No Congreshunal Approval to Blow Shit Up to which Obama also subcribes and utilizes at his convenience.--jef)

Jake Tapper - ABC News - May 20, 2011

In an effort to satisfy those arguing he needs to seek congressional authorization to continue US military activity in accordance with the War Powers Resolution, President Obama wrote a letter to congressional leaders this afternoon suggesting that the role is now so “limited” he does not need to seek congressional approval.

“Since April 4,” the president wrote, “U.S. participation has consisted of:

(1) non-kinetic support to the NATO-led operation, including intelligence, logistical support, and search and rescue assistance;
(2) aircraft that have assisted in the suppression and destruction of air defenses in support of the no-fly zone; and
(3) since April 23, precision strikes by unmanned aerial vehicles against a limited set of clearly defined targets in support of the NATO-led coalition's efforts.”

A senior administration official told ABC News that the letter is intended to describe “a narrow US effort that is intermittent and principally an effort to support to support the ongoing NATO-led and UN-authorized civilian support mission and no fly zone.”

“The US role is one of support,” the official said, “and the kinetic pieces of that are intermittent.”

From the beginning of the U.S. military intervention in Libya, the Obama administration has cited the 1973 War Powers Act as the legal basis of its ability to conduct military activities for 60 days without first seeking a declaration of war from Congress. The military intervention started on March 19; Congress was notified on March 21. Those 60 days expire today.

The president thanked the congressional leaders – House Speaker John Boehner, R-Ohio, House Minority Leader Nancy Pelosi, D-Calif., Senate Majority Leader Harry Reid, D-Nev., and Senate Minority Leader Mitch McConnell, R-Kentucky --- for the support that they have “demonstrated for this mission and for our brave service members, as well as your strong condemnation of the Qaddafi regime.”

The president voiced support for a bipartisan resolution drafted by Senators John Kerry, D-Mass., John McCain, R-Ariz., Carl Levin, D-Mich., Dianne Feinstein, D-Calif., Lindsey Graham, R-SC, and Joe Lieberman, I-Conn., stating that Congress “supports the U.S. mission in Libya and that both branches are united in their commitment to supporting the aspirations of the Libyan people for political reform and self-government…Congressional action in support of the mission would underline the U.S. commitment to this remarkable international effort.”

Earlier this month, Kerry – who chairs the Senate Foreign Relations Committee – described his resolution as “in limbo.”

White House drafts executive order for indefinite detention

White House drafts executive order for indefinite detention
By ProPublica
Tuesday, December 21st, 2010

The White House is preparing an Executive Order on indefinite detention that will provide periodic reviews of evidence against dozens of prisoners held at Guantanamo Bay, according to several administration officials.

The draft order, a version of which was first considered nearly 18 months ago, is expected to be signed by President Obama early in the New Year. The order allows for the possibility that detainees from countries like Yemen might be released if circumstances there change.

But the order establishes indefinite detention as a long-term Obama administration policy and makes clear that the White House alone will manage a review process for those it chooses to hold without charge or trial.

Nearly two years after Obama's pledge to close the prison at Guantanamo, more inmates there are formally facing the prospect of lifelong detention and fewer are facing charges than the day Obama was elected.

That is in part because Congress has made it difficult to move detainees to the United States for trial. But it also stems from the president's embrace of indefinite detention and his assertion that the congressional authorization for military force, passed after the 2001 terrorist attacks, allows for such detention.

After taking office, the Obama administration reviewed the detainee population at Guantanamo Bay and chose 48 prisoners for indefinite detention. Officials, who spoke on the condition of anonymity, said that number will likely increase in coming months as some detainees are moved from a transfer category to a continued detention category.

If signed by President Obama, the new order will provide added review for detainees designated for long-term detention. The order, which is being drafted jointly by White House staff in the National Security council and the White House counsel, will offer detainees in this category a minimal review every six months and then a more lengthy annual review. Detainees will have access to an attorney, to some evidence against them and the ability to challenge their continued detention.

Prisoners who have been deemed "high-value detainees," including the alleged conspirators of the 2001 attacks, have been designated for prosecution in civilian or military courts.

"It's been clear for a while that the government would need to put in place some sort of periodic review, and that it would want it to improve on the annual review procedures used during the previous administration," said Matthew Waxman, a professor at Columbia Law School who worked on detainee issues during the Bush administration.

ProPublica asked a spokesman from the National Security Council earlier Tuesday for comment but has yet to receive a response.

In 2008, Guantanamo detainees won the right to challenge the lawfulness of their detention in court. The executive order aims to create an executive branch review which would occur separately from the court review and would weigh the necessity of the detention, rather than its lawfulness, officials said.

"Perhaps the dangerousness of the detainee's country of origin could change, or the group that the detainee is affiliated with could cease to exist," one official explained.

Some detainees from Yemen may be sent home if security conditions there improve. Currently, there is a moratorium on transfers from Guantanamo to Yemen.

The official described the draft order as "an important piece of the government's approach to Guantanamo."

At a speech on Guantanamo in May 2009, Obama said that "a thorough process of periodic review," was needed to ensure that "any prolonged detention is carefully evaluated and justified."

The White House first began work on an Executive Order in the spring of 2009 that was the subject of a joint story by ProPublica and the Washington Post in June 2009. An administration official at the time said the order was under consideration but had not yet been completed. Civil rights groups which oppose indefinite detention came out strongly against the possibility of an executive order.

Weeks later, administration officials said the White House had decided to work with Congress on indefinite detention, rather than through Executive Order. But by the end of 2009, the White House had said it would not support legislation.

Then, in 2010, a government task force on Guantanamo completed a year-long review that placed 48 detainees in long-term detention. In its report, task force members said those detainees would be "subject to periodic Executive Branch review."

Bobby Chesney, a law professor at the University of Texas who worked briefly on the administration's detention task force, said an executive order would provide detainees with an additional layer of review. He also said it offered a compromise since an executive order can be withdrawn at anytime.

"The order takes on additional restraints and lasts as long as the president wants. The White House gets just what it wants, no more or less. And, unlike with legislation, the order doesn't have staying power if the next administration doesn’t want it."

Jameel Jaffer, a national security lawyer at the American Civil Liberties Association, agreed that "more review is better." But he said that an executive order would only "normalize and institutionalize indefinite detention and other policies," that were set in place by the Bush administration.