Defiantly President Obama Overrides the US Constitution - AGAIN!
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.
blogsense-by-barb 
Isn’t it amazing that they still think we won’t notice what they do on Friday afternoon/evening. We always do. This, while not new, is very troubling, with this wannabe king in Washington.
While putting this all together takes time, inferring it has been in the work for awhile, I suspect the timing is more about calling the bluff of spineless republicans who are hinting at impeachment but won’t make good. In essence he is testing the soft resistance like would be tyrants always do prior to the actual takeover.
Agreed, but it still sends a chill down my spine! I agree, though about the spineless Congress! Good God! What the heck are they waiting for – engraved invitations? They’ll be invited to leave DC in a few months – many of them!
They’ll have to drag Obama out kicking and screaming but hey, what ever works. 😀
The sad part is, this has been going on for quite some time, as far back as 1916 and progressed seriously under Carter, but nobody has tried to stop them. If Obama executes this order then Congress can’t stop him for 6 months. I don’t think our present Congress will even try to stop him.
I don’t share your optimism barb, I don’t think many of them will be invited to leave.
Well, that may be true, too, but this is the one good thing that has come of his administration – More Americans are waking up. If he happens to get another term or if we can’t clean House (and Senate), more will continue to awaken. At some point, enough noise will be made by We-the-People to affect some positive change. It may be slow, it may be another civil war … but it will happen! Freedom will not die!
By either us or a dictator
Again, I don’t share your optimism.
Have you noticed it’s not the right who demonstrate and make noise, it’s the left, I refer to Occupy Wall Street who are still going strong months in. It was the left who protested loudly and violently the Viet Nam war. Conservatives don’t demonstrate, don’t react violently, they make their opinion known then go away and rest until another issue they don’t like comes up. It’s not the right that moves this country, it’s the left.
Another thing to think about, how can we get our people together for a revolution, in times when all communication is monitored by the govt and at this time when we have a President who has already enacted laws that allow our military to destroy us on our own turf.
It will come down to each and every American taking up arms to protect his own! Yes, it is the left that protests, but I’m not so sure I’d say it is the left that moves the country. It is probably the case in the last several decades, though, for sure. The right trusts in the system while the left seeks ways to change it. And change it they have!
So, rhetorically speaking, who’s the fools?
those that remain sleeping …
Good point.
to defend the “right”, Ron Paul HAS been getting promising numbers in the Republican primaries and caucuses and really is the only candidate for any party that believes in the foundations of this country and has a clear plan to get this country back on track — end the fed, decimate the federal government, put the power back into the hands of the States and the People where the Constitution says it should be…sure, he’s got some stances that leftists won’t agree with, but is Obama really pushing an agenda that’s appreciably any different than Bush, Clinton, Bush, Regan, Carter, Nixon (and on and on) anyhow?
Thanks, Sam, for following! I’m honored! I appreciate your perspective & yes, Dr. Paul has some wonderful ideas that he’s espoused for years. As to your statement that Obama’s policies are no different than those who came before him – there, I will differ with you. Never before has a Marxist occupied the White House, and God willing, there will be enough people angry enough to cast a ballot against him to remove him. Should he declare martial law, I believe he will find himself facing an aweful lot of 2nd amendment-clingers! While Paul’s ideas on the deficit & budget are good, and I agree with the abolishment of the FED, but something must replace the FED – or it will cause financial chaos. I would have loved to see a primary between Paul & Santorum – each have good solid plans that are very different but closer to the Constitution!
Again, thanks for stopping by!
Barb, I would argue that “we” are so far in debt that we need to go through some “financial chaos” in order to get back to the business of doing business in this country…same as any family earning $60k/year and spending $90k/year would.
Santorum himself said the other day that if you want small government, vote for Ron Paul, some links to illustrate:
http://www.ronpaul2012.com/2012/03/19/santorum-rejects-goldwater-small-government-and-american-conservatism-101/
Good to see you back here again! Thank you! I appreciate your perspective, as I said before, but for now, my mind is made up, and while I’m happy you also have made your choice, mine is Santorum. His spectrum of experience as well as his plans for many issues, not just the economy, make more sense to me. I am, however, also in the “anyone but Obama” camp, so whoever gets the nomination – and I do hope it is Santorum – will get my vote, although admittedly, if it is Mitt or Newt, my vote will be against Obama, not FOR either of them.