March 24, 2012 - No. 12

Stand As One Against the United States of North American Monopolies!

Our Security Lies in Our Fight for the Rights of All!

Stand As One Against the United States of North American Monopolies!
• Our Security Lies in Our Fight for the Rights of All!
• North American Leaders' Summit April 2
• What the Harper Government Is Up to in the Great Lakes St. Lawrence Seaway System - Enver Villamizar
• Obama Issues Sweeping Executive Order

NATO War Crimes in Afghanistan
• Get Canada Out of Afghanistan Now! Get Canada Out of NATO! - Windsor Peace Coalition

For Your Information
• U.S. President's Executive Order: National Defense Resources Preparedness

Stand As One Against the United States of North American Monopolies!

Our Security Lies in Our Fight for the Rights of All!

Recent comments by a U.S. Homeland Security official in Canada reveal the agenda of the U.S. and Canadian governments to incrementally desensitize Canadians to coming under the rule of the U.S. In this push, NORAD is being presented as the model of "integration," and joint operations at the borders, especially on the St. Lawrence Seaway, are cited as the testing grounds for further "integration" of security forces under U.S. Northern Command.

Speaking to an audience on March 2 about efforts to implement the North American Security Perimeter Agreement, Alan Bersin, Assistant Secretary of International Affairs at the U.S. Department of Homeland Security called for a joint organization to handle border controls -- what he described as a "NORAD border."

2007 protest against Security and Prosperity Partnership Summit between Mexico, the U.S. and Canada.

Bersin is Homeland Security's Chief Diplomatic Officer and until recently he served as the commissioner of U.S. Customs and Border Protection. When asked if he foresaw a day when both countries could agree on a bi-national institution to handle border matters -- where one official was in charge -- he cited NORAD and co-operation over the St. Lawrence Seaway as good examples of a joint effort between the two countries.

"We have to actually get back to that mentality," he said. "While it will take a while -- and while we develop mechanisms to respect sovereignty, but also recognize where it is we need to blend our energies -- I believe that time will come."

Dealing with U.S. demands for one immigration and refugee policy for North America, he added: "Why should we have separate admissibility processes if, in fact, North American security would suggest that a Canadian and a U.S. immigrations and customs official ought to be working together to clear people in Frankfurt who are coming into Canada, to clear them such that they would be able then to come seamlessly across [the joint border into] the United States." This will take effort, he warned, adding "[t]o say that is to show how far we have to get there: to build the NORAD border, but I think that is the vision that will drive this co-operation, recognizing there are many intermediate steps."

Despite the fact that each day new arrangements are being put in place in this direction behind the backs of Canadians through omnibus legislation and new regulations, the Harper government knows sovereignty is something Canadians hold dear. As a result, Harper's Associate Director of Communications Andrew MacDougall issued a statement saying that the call for a NORAD border did not reflect their intentions. "Our plan is clear that it respects each nation's sovereignty and those comments are not compatible with that vision," he said.

This is simply eyewash to fool the gullible. All the arrangements are nearly complete to integrate Canada and Mexico into the North American Homeland of U.S. imperialism. Behind the backs of Canadians and the peoples of the United States and Mexico we have been brought under U.S. President Barack Obama's executive orders, and the danger this poses must be seriously taken into account by the Canadian working class and its allies.

In this issue, TML Weekly Information Project is providing information on recent developments in this direction which require serious study.

North American Leaders' Summit April 2

On April 2, U.S. President Barack Obama will host Prime Minister Stephen Harper and Mexican President Felipe Calderon in Washington D.C. for the sixth North American Leaders' Summit.

The so-called Three Amigos Summit was to be held in November 2011 on the sidelines of the Asia-Pacific Economic Co-operation meeting in Honolulu, but was postponed after the death of Mexican Interior Minister Francisco Blake Mora in a helicopter crash.

According to a statement from the office of Prime Minister Harper, the tri-lateral summit will focus on strengthening North America's global competitiveness and addressing threats to security in North America and throughout the hemisphere. The statement also indicates that discussions will focus on "North America's role in the Americas in anticipation of the Summit of the Americas in Cartagena, Colombia, in April, 2012." The statement adds: "Canada, the United States and Mexico have forged a strong partnership built on free and open trade and close co-operation on security. The government's number one priority remains the creation of jobs, growth and long-term prosperity for all Canadians, particularly through trade, including with our close friends the United States and Mexico."

According to a statement from the White House, the meeting "will build on wide-ranging and ongoing co-operation among the United States, Canada and Mexico with a particular focus on economic growth and competitiveness, citizen security, energy, and climate change."

Meanwhile, a statement from the President of Mexico says the heads of state will also exchange views on priority issues of the global and hemispheric agendas, in light of the Mexican presidency of the G-20, the Summit of the Americas being held next month and the priority that Mexico attaches to joining the negotiations for the Trans-Pacific Partnership (TPP).

What the Harper Government Is Up to in the
Great Lakes St. Lawrence Seaway System

- Enver Villamizar -

Recent developments indicate that the Harper government is moving to centralize control over the Great Lakes St. Lawrence Seaway.

These developments also indicate that negotiations are taking place over new arrangements as to how joint control between the U.S. and Canada will be exercised over this strategic trade route to benefit the various monopoly interests that use the seaway.

These recent developments follow announcements of bi-national port operations committees focussed in the Great Lakes St. Lawrence Seaway as well as upgrades to infrastructure at border points along the St. Lawrence Seaway to be completed in 2012 as part of the Security Perimeter Action Plans.

The developments in the seaway system must be viewed in the context of the push to place Canada under U.S. command. This is being carried out through NORAD and the integration of this joint military/police apparatus with civilian agencies in Canada and the U.S. The St. Lawrence Seaway is being used as a testing ground for the military command of civilian life as U.S. imperialism demands the protection of "critical infrastructure" which it claims is critical to its "national security."

However, the fate of this system is vitally important to the working class and people of Canada, Quebec, the United States and the First Nations. It cannot be left to the likes of the monopolies’ representatives in the executives of the Harper and Obama governments.

Great Lakes St. Lawrence Seaway System

Map of the Great Lakes St. Lawrence Seaway System. Canadian ports indicated by red dot, U.S. ports with blue.
(The St. Lawrence Seaway Management Corporation)

For the peoples of North America, the Great Lakes system is a natural treasure to be used in a sustainable manner for the benefit of the world’s people. The Great Lakes St. Lawrence Seaway System is the longest deep draft waterway (a channel greater than 14 feet) in the world, extending 3,700 km from the Atlantic Ocean to the head of the Great Lakes, in the heart of North America. The St. Lawrence Seaway portion of the System extends from Montreal to mid-Lake Erie. The St. Lawrence Seaway includes 13 Canadian and two U.S. locks to transport the various ships which use the seaway.

The system is the veins of the industrial and manufacturing heartland of Canada and the United States. The system is also a great storehouse of the world's bio-diversity.

What is left of Ontario's industrial and manufacturing base is connected via this system, and the working class and people of Ontario and Quebec make their livings and live in the cities on its banks. These include Sault Ste. Marie, Windsor, Sarnia, Hamilton, Oakville, St. Catharines, Toronto, Oshawa, Kingston and Montreal; and on the U.S. side: Green Bay, Detroit, Chicago, New York, Milwaukee and Buffalo

Every year more than 160 million metric tons of cargo is moved on the Great Lakes St. Lawrence Seaway System. Almost 25 percent of this cargo travels to and from overseas ports, especially Europe, South America, the Middle East and Africa. Dominant cargoes include iron ore for steel production, coal for power generation, limestone and cement for construction, and grain for both domestic consumption and export.

From Great Lakes / Seaway ports, a multi-modal transportation network fans out across the continent. More than 40 provincial and interstate highways and nearly 30 rail lines link the 15 major ports of the system and 50 regional ports with consumers, industries and products all over North America.

Currently the bodies responsible for the management of the system’s channels and locks are the St. Lawrence Seaway Management Corporation, on behalf of the Government of Canada, and the Saint Lawrence Seaway Development Corporation, on behalf of the United States Government.

Report Recommends Centralized Command

A recent report commissioned by the Canadian Military's Department of National Defence Research Council is calling for a unified command structure for securing the Great Lakes St. Lawrence Seaway System against the threat of terrorism from small vessels using the system. The report describes as a problem the various overlapping jurisdictions of the military, RCMP, Transport Canada and the Canadian Coast Guard in the Great Lakes St. Lawrence Seaway; centralization of command is presented as a solution to this problem.

The report points out that while Transport Canada is responsible for marine security policies and regulations, there is no single federal entity for security planning, co-ordination and execution such as the militarized U.S. Coast Guard.

The report states that the RCMP is responsible for marine border integrity in the Great Lakes and Seaway area, but is: "ill equipped and undermanned to effectively perform this function."

On the military, the report says that the Department of National Defence "possesses the technological and operational expertise for conducting marine security operations, however, lacks the enforcement and investigative capabilities."

Unlike its U.S. counterpart, the report points out that the Canadian Coast Guard does not have a mandate to participate in marine security operations except in support of the RCMP or other government departments. As a solution, the report calls for centralized command to be exercised through one Canada's "Marine Security Operations Centres."

The Centres were created under the federal government's 2004 National Security Policy. According to a government website, there are two coastal Marine Security Operations Centres -- one on the East Coast in Halifax, Nova Scotia and one on the West Coast in Esquimalt (Victoria), British Columbia. These coastal Marine Security Operations Centres are located in two existing Navy buildings at Joint Task Force Atlantic Canadian Forces Base Halifax and Joint Task Force Pacific Canadian Forces Base Esquimalt. A third Marine Security Operations Centre in Niagara Falls is located in facilities managed by the RCMP. The Niagara Falls Centre would be the one designated to oversee the Great Lakes St. Lawrence Seaway System.

The report suggests three key "capability gaps" need to be addressed to combat the terrorist threat posed by small boats in the St. Lawrence Seaway:

1) Co-ordination of marine security operations under a single government agency, such as the coast guard;

2) A strategy to co-ordinate and position scarce manpower and equipment; and

3) Advanced surveillance equipment, including sensors, and other technology should be considered and deployed with existing surveillance equipment in a more co-ordinated and strategic fashion.

Suggesting the process of centralization is already underway, the Canada Border Services Agency recently closed its headquarters in Windsor, Ontario and is said to be moving to a command centre in the Niagara Falls area.

Role of the Canadian Military

Indicating how the public is being prepared for the militarization of these civilian agencies, on the occasion of the 50th anniversary of the Canadian Coast Guard on January 26, Defence Minister Peter MacKay issued a statement highlighting the integration of the military with the Coast Guard. "The men and women of the Canadian Forces and the Canadian Coast Guard work together to save lives on a daily basis, providing highly skilled and specialized assets to ensure that in even the most challenging of conditions, locations and situations, there are resources that are prepared and capable of rendering assistance," he said. He highlighted their integration in the St. Lawrence Seaway: "[We] are also partners in three Marine Security Operation Centres, which collect and analyze vast amounts of information from the East and West coasts and Great Lakes St. Lawrence Seaway in order to identify security threats and strengthen marine security for Canada and her allies. The Marine Security Operation Centres monitor Canadian territorial waters, and detect and assess security threats potentially posed by approximately 1000 vessels each day, from a distance of over 2000 nautical miles.

"We look forward to working even more closely with the Canadian Coast Guard in the future, as we continue to strengthen our ability to protect and provide assistance to Canadians," the statement concluded.

Federal Control Exercised Over Oshawa Port

Concerns have been raised in the Parliament about the Federal government's transformation of Oshawa, Ontario's port from a Harbour Commission to a Port Authority, and the subsequent announcement that an oil refinery will be built on the port's lands. Oshawa is a strategic port on the St. Lawrence Seaway. On February 13, NDP MP Olivia Chow during Question Period:

"Mr. Speaker, the City of Oshawa and the mayor want control of their own port lands. They have never been consulted about this port authority. The Conservatives said no to their control and created a federal port authority. Who got the plum job of setting up this port authority? The Minister of Finance's riding association president.

"Did the Conservatives create another patronage board just to reward the minister's friend, or did they do it so they could impose the refinery against the wishes of the people of Oshawa, or are they doing both?"

New York State Drops Proposed Shipping Regulations

Reports indicate that after negotiations between the Canadian government and New York State officials, on February 24, 2012 State conservation officials dropped proposals for rules that would have required vessels using the State's waters to install treatment systems for their ballast water by next year. Ballast water is pumped on board vessels to increase draught, change trim, regulate stability and/or maintain stress loads within acceptable limits. The proposed regulations were apparently put forward to prevent invasive species carried in ballast waters from entering the Great Lakes. The regulations would have applied to vessels entering New York harbours, and to any vessel travelling in New York State waters on the St. Lawrence Seaway -- whether the vessel plans to discharge ballast water there or not. Two St. Lawrence Seaway locks near the entrance to the Great Lakes lie within New York waters. According to Canadian officials, enforcement of the requirements on transiting ships would have essentially stopped commercial traffic on the Seaway.

Having the proposed regulations dropped in time for the opening of the Great Lakes St. Lawrence Seaway system to vessel traffic this past week for the 2012 season was considered critical.

Speaking to the issue in the Parliament on February 27, Conservative MP Pierre Poilievre stated: "For the last year, 72,000 jobs related to the St. Lawrence Seaway have been on the knife's edge as a result of New York's unattainable shipping regulations on ballast water.

"After vigorous Canadian intervention with the state, New York has now decided to accept uniform regulations that will protect the environment and save jobs at the same time."

Joe Martens, commissioner for New York's Department of Environmental Conservation stated: "New York remains concerned about the introduction and spread of invasive species in the state's waterways and we hope that a strong national solution can be achieved," [...] "At the same time, shipping and maritime activity is critical to New York state and international commerce."

A "technically feasible" national standard he said, will be "the only viable way to address the spread of destructive aquatic invaders through ballast water."

It is likely that such a "national standard" would mean that negotiations are taking place on a single North American standard.

(DND, Ottawa Citizen)

Obama Issues Sweeping Executive Order

On March 16, U.S. President Barack Obama issued the Executive Order "National Defense Resources Preparedness." The order builds on a 1950s Defense Production Act that served the Korean war and is largely the same as a newer version issued by President Bill Clinton in 1996. The order issued by Clinton updated the previous Act by adding that it applied in peacetime as well as times of war. The order deals with the use of Presidential powers to ensure that the United States has the "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." It deals with all facets of life including food production, the use of energy resources and the allocation of labour, and places them under Presidential powers.

Most of the authorities in Obama's order are the same as Clinton's, however a number of important changes have been made. One was to replace the Federal Emergency Management Agency (FEMA) with U.S. Homeland Security -- which did not exist in 1996 -- as the force to implement the order alongside Obama's appointed "national security" team and cabinet secretaries. There is also important additional language in the order that enables Obama to act without any emergency. Obama has added to Section 201(b) which outlines measures to prioritize military contracts or orders "under both emergency and non-emergency conditions." Also updated in the order is the role given to National Defense Executive Reserve units which are to be mobilized in the event of a "national defense emergency" (the units are made up of "experts" from the private sector who are trained to play their role in such units). It also includes a new section on "Labour Requirements" which links preparations for military drafts with ensuring labour power is put in the service of national security.

The order is being issued in the context of several other guidelines and laws that greatly expand spying, remove the requirement for even suspicion of terrorism or any real threat, and openly criminalize dissent. By issuing this new order now there is a likelihood that Obama will actually begin implementing it, which generally has not been done in the past (apart of course from the FEMA camps put in place and the FEMA/military live exercise followng Hurricane Katrina.) It is being issued in the current context of increased war preparations and energy concerns, particularly given a potential war with Iran and Syria. The order would likely enable Obama to authorize hydrofracking for natural gas or new oil pipelines under the guise of "preparedness" in the face of broad resistance which has developed including from states and local governments. Such a move would correspond with comments Obama made in the 2012 State of Union address about drawing the Pentagon more into drilling for oil and gas and the use of public lands and funds for energy resource extraction.

Obama's issuance of the executive order at this time is no doubt tied to providing direct mechanisms to enable the general trend of politicizing private interests. It is a means for the President to decide which private interests get public resources -- funding for projects, new technology, etc. -- deemed necessary for "preparedness." It strengthens the President's executive decision-making power, rather than leaving things to the usual fights in Congress. It provides the President freer rein to use and direct the public budget as he wishes.

Given the integration of Canada and Mexico into U.S. Homeland Security and the Harper government's delivery of Canadians to NORTHCOM, the danger this order poses to Canadians and Mexicans, as well as to the U.S. working class and people, cannot be underestimated.

Consider this example of the kind of powers the order gives to the President. The order delegates presidential powers to: "allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense [...] to 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."

The order defines what is meant by "food resources" and what comes under its control: "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."

It goes on to state: "'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)."

In the case of energy resources, the order states that presidential authority will be delegated to "the Secretary of Energy with respect to all forms of energy;"

Energy, according to the order, is defined as: "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."

As part of provisions dealing with military draft regulations, the order authorizes the appropriation of labour for any purpose deemed to constitute "national defence." In other words, this means the deployment of labour on a slave basis to directly further war production and that issues concerning any aspect of the economy can be declared a matter of national security.

This direction is in line with what the Harper government has been doing in Canada on a regular basis such as in the case of Air Canada and Canada Post. This shows the importance of further developing the protest movements to hold the government to account on the basis that No Means No!

NATO War Crimes in Afghanistan

Get Canada Out of Afghanistan Now!
Get Canada Out of NATO!

- Windsor Peace Coalition, March 19, 2012 -

Militant march in downtown Windsor rejects war on Afghanistan.

On March 11 sixteen Afghan villagers were murdered by U.S. forces in the dead of night. Some media are claiming the attack was random and carried out by one "rogue soldier". However villagers report seeing a group of U.S. forces. Afghan President Hamid Karzai admitted that the assault could not have been carried out by only one soldier.

Reports say a soldier left his base in Panjwai and walked over a kilometre to the village of Belambai where he murdered 12 people. Eleven of the 12 civilians killed in Belambai were from the same family. The other victim was a neighbour. From Belambai he then walked to the village of Alkozai, killing four people in one house, before moving to another house where he shot a man in the leg. Following the brutal attacks the victims' bodies were burned.

It is reported that the soldier was in Afghanistan working with a special forces team doing "village stabilization operations" -- part of the U.S. combat mission in Afghanistan.

On the occasion of the murders in Afghanistan, Minister of Defence Peter MacKay issued a statement saying he condemned the "cowardly act of violence." "I offer my most sincere condolences to the families and loved ones of those who have needlessly lost their lives. Today's shooting of Afghan civilians is deplorable and runs contrary to everything that the international mission to Afghanistan aims to accomplish," his statement said.

MacKay's remarks are shameless. The mission in Afghanistan is a counter-insurgency war by occupying forces, including Canada, against an entire people. Terrorizing and suppressing the occupied in the name of "stability" is precisely what the mission in Afghanistan is trying to accomplish, and every day it is being revealed more and more that Canada is still fully participating in it under NATO -- meaning U.S. -- command, despite claims that Canada's combat mission is over.

Just days after MacKay's statement on the brutal murders, the National Post revealed that last July's re-deployment of Canadian forces in Afghanistan, supposedly for a NATO "police training" mission, was actually organized to free up U.S. forces for combat. According to briefing notes prepared for David Johnston, Canada's Governor General and Commander-in-Chief of the Armed Forces, "locations and billets were based on ... where it was assessed that Canada could get the greatest effect on the ground and free up American forces to move to a combat role."

The Harper government is colluding against the people of Afghanistan, and of Canada, as a fully integrated part of U.S. imperialism's NATO military apparatus. The Harper government represents a threat to the Canadian and the world's people and must be stopped.

Get Canada Out of Afghanistan now! Get Canada Out of NATO!

Contact the Windsor Peace Coalition at windsorpeace@hotmail.com

Some 200 Afghan school students protest in Jalalbad City, Afghanistan March 17, 2012, calling for the
punishment of the U.S. soldier who killed 16 civilians in southern Kandahar province.

For Your Information

U.S. President's Executive Order:
National Defense Resources Preparedness

- March 16, 2012 -

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.

(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.

(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.

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