On March 16th,
President Prince Obama issued an executive order inappropriately named, National Defense Resources Preparedness. This new executive order replaces one issued by William Jefferson Clinton entitled, National Defense Industrial Resources Preparedness. I wondered why feckless leader would want to rescind an order issued by another democratic president and all I had to do was look at the title of the damnable thing. The original order was interested only in this country’s industrial base, which was perhaps at the time a good idea in case we faced some existential emergency. The “new and improved version” isn’t just interested in industry but in labor, health infrastructure, food resources, water resources, and just about everything else they could put into an all-encompassing list and it is impressive. The only problem is that this order never actually gets around to defining the term emergency and how it would be used in the invocation of this order. How utterly convenient.
I’m no attorney but I do possess an above-average understanding of the English language and can read between the lines and also am very aware of weasel words used by bureaucrats to cloud an agenda. After reading and rereading all thirteen pages of this rubbish, I have come to the conclusion that if invoked, it would allow the nationalization of any and all private concerns that the government, i.e., Prince Obama deems critical. This is how a Prince becomes King becomes despot. Make no mistake about this. What is galling is that this is all envisioned under the guise of “emergency”, which could be something as mundane as feckless leader having a hissy fit over criticism of him by Fox News. The thing I so dislike about this poseur is that he is never candid about anything but will abuse the language, creating fissures as he goes, as a means to whatever end
he Valerie Jarrett envisions. Such transparency!
Section 103 (a) states:
identify requirements for the full spectrum of emergencies, including essential military and civilian demand;
So they create this for emergencies and then come up with what constitutes an emergency.
Section 103(b) states in part:
…assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements… including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;
A database of “critical” resources? Is this so that they can round up the best and brightest and how long would it take for that capability information to be compromised?
Section 103(c) states in part:
be prepared… to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements;
Ensure availability? This is just another means of enforcing a command economy structure.
Section 103(d) states:
improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements;
This coming from the most inefficient organization ever devised? I would be laughing if it weren’t so transparently impossible for this government to improve anything. This is just more command economy nonsense.
And here is the real thrust of the order:
(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;
The Patriot Act once again rears its unconstitutional head. They want to make sure first and foremost that they use every autocratic tool at their disposal to run this economy from the Oval Office. If that doesn’t put a scare into a person, that person has ice in their veins.
and Section 201(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
So where is an emergency defined as a justification for such intrusion into the economy? I’m still waiting. And what, exactly, is meant by “promote the national defense”?
The Secretary of each agency delegated authority under subsection (a) … 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.
Uh-oh. Now we’re just learning that it isn’t just emergencies that are the subject of this order. Now a hissy fit isn’t even required for it to be invoked. The plot thickens…
… to control the general distribution of any material (including applicable services) in the civilian market.
Non-emergency and command control and no definition of “applicable”.
…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.
Why would the Secretary of Energy be authorized to make decisions on materials and equipment? DOE can’t even identify viable companies to develop new sources of energy, which is one of its unique responsibilities.
Here’s some crony capitalism at work:
Section 301(a) and (b):
To reduce current or projected shortfalls of resources… the head of each agency engaged in procurement for the national defense… is authorized pursuant to section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by private institutions.
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.
Command economy AND crony capitalism combined and done on a department-by-department basis. “Hey, Barry, we’re running low on alternate energy, so we’re going to loan money to companies to provide it.” Christ, haven’t wee seen this dog of a picture before? No, there’s even more:
To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency… is delegated the authority of the President… to make loans thereunder.
We will not only guarantee them; we will make them directly.
Section 308(a) and (b):
[The head of each agency... is delegated the authority to]
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;
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
Procure and install equipment and modify or expand facilities that are privately held? Thinks about this one for just a minute.
Now on to personnel…
Section 501(a) and (b):
… 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… for training for employment in executive positions in the Federal Government in the event of a national defense emergency.
The Secretary of Homeland Security shall issue necessary guidance… 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… to determine periods of national defense emergency is delegated to the Secretary of Homeland Security.
This is just another way to populate the ranks of the federal government with dittoheads (from either side of the aisle, depending on who is in charge). Not only that but they are “drafted” into service for whatever period is deemed appropriate.
(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.
Again, what constitutes an emergency and why is this authority delegated to department heads?
The head of each agency… is delegated the authority of the President… to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations.
And they can draft one without paying them, all the while still neglecting to define what an emergency is.
[The Secretary of Labor... shall:]
collect and maintain data necessary to make a continuing appraisal of the Nation’s workforce needs for purposes of national defense;
Let’s gather more personal information that can be hacked, shall we?
such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;
Like forcing Boeing to make their aircraft in Washington State rather than South Carolina?
Section 601(a)(5) and 601(b):
develop and implement an effective labor management relations policy… with the cooperation of… National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service.
All agencies shall cooperate with the Secretary of Labor….
Pandering to the unions–yeah this is a great way to maximize effective use of resources.
Nothing of note except that emergency, the most important subject of this order, is not defined.
What I take away from this order is that this is a not-so-subtle means by which an administration could take over our economy by force of executive fiat with no recourse because the main criterion for its invocation, an emergency, is never defined. Moreover, this order could be used in non-emergency situations as well. So if Obama doesn’t get his way through Congress, he will get his way through saying, “make it so”.
My question is why this and why now? I think I have an answer but dare not print it.