March 24, 2012 - No. 12
Stand As One Against the United
States of North American Monopolies!
Our Security Lies in Our Fight for 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
• Obama Issues Sweeping Executive
NATO War Crimes in
• Get Canada Out of Afghanistan Now! Get Canada
NATO! - Windsor Peace Coalition
• U.S. President's Executive Order: National
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
the agenda of the U.S. and Canadian governments to incrementally
Canadians to coming under the rule of the U.S. In this push,
NORAD is being presented as the model of "integration," and joint
at the borders, especially on the St. Lawrence Seaway, are cited as the
grounds for further "integration" of security forces under U.S.
Speaking to an audience on March 2 about efforts to
implement the North
American Security Perimeter Agreement, Alan Bersin, Assistant Secretary
International Affairs at the U.S. Department of Homeland Security
a joint organization to handle border controls -- what he described as
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.
asked if he foresaw a day when both countries could agree on a
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,
also recognize where it is we need to blend our energies -- I believe
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
and a U.S. immigrations and customs official ought to be working
clear people in Frankfurt who are coming into Canada, to clear them
they would be able then to come seamlessly across [the joint border
United States." This will take effort, he warned, adding "[t]o say that
show how far we have to get there: to build the NORAD border, but I
that is the vision that will drive this co-operation, recognizing there
Despite the fact that each day new arrangements are
being put in
place in this
direction behind the backs of Canadians through omnibus
and new regulations, the Harper government knows sovereignty is
Canadians hold dear. As a result, Harper's Associate Director of
Communications Andrew MacDougall issued a statement saying that the
for a NORAD border did not reflect their intentions. "Our plan is clear
respects each nation's sovereignty and those comments are not
that vision," he said.
This is simply eyewash to fool the gullible. All the
nearly complete to integrate Canada and Mexico into the North American
Homeland of U.S. imperialism. Behind the backs of Canadians and the
of the United States and Mexico we have been brought under U.S.
Barack Obama's executive orders, and the danger this poses must be
taken into account by the Canadian working class and its allies.
In this issue, TML Weekly Information Project is
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
The so-called Three Amigos
Summit was to be held in
on the sidelines of the Asia-Pacific Economic Co-operation meeting in
Honolulu, but was postponed after the death of Mexican Interior
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
focus on "North America's role in the Americas in anticipation of the
of the Americas in Cartagena, Colombia, in April, 2012." The statement
"Canada, the United States and Mexico have forged a strong partnership
on free and open trade and close co-operation on security. The
number one priority remains the creation of jobs, growth and long-term
prosperity for all Canadians, particularly through trade, including
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,
and Mexico with a particular focus on economic growth and
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
agendas, in light of the Mexican presidency of the G-20, the Summit of
Americas being held next month and the priority that Mexico attaches
joining the negotiations for the Trans-Pacific Partnership (TPP).
What the Harper Government Is Up to in the
Great Lakes St. Lawrence
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
be exercised over this strategic trade route to benefit the various
interests that use the seaway.
These recent developments follow announcements of
operations committees focussed in the Great Lakes St. Lawrence Seaway
well as upgrades to infrastructure at border points along the St.
Seaway to be completed in 2012 as part of the Security Perimeter Action
The developments in the seaway system must be
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
civilian agencies in Canada and the U.S. The St. Lawrence Seaway is
used as a testing ground for the military command of civilian life as
imperialism demands the protection of "critical infrastructure" which
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.
cannot be left to the likes of the monopolies’ representatives in the
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
For the peoples
of North America, the Great Lakes system is a natural treasure to be
a sustainable manner for the benefit of the world’s people. The Great
St. Lawrence Seaway System is the longest deep draft waterway (a
greater than 14 feet) in the world, extending 3,700 km from the
Ocean to the head of the Great Lakes, in the heart of North America.
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
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
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
their livings and live in the cities on its banks. These include Sault
Windsor, Sarnia, Hamilton, Oakville, St. Catharines, Toronto, Oshawa,
Kingston and Montreal; and on the U.S. side: Green Bay, Detroit,
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,
Middle East and Africa. Dominant cargoes include iron ore for steel
production, coal for power generation, limestone and cement for
and grain for both domestic consumption and export.
From Great Lakes / Seaway ports, a multi-modal
fans out across the continent. More than 40 provincial and interstate
and nearly 30 rail lines link the 15 major ports of the system and 50
ports with consumers, industries and products all over North America.
Currently the bodies responsible for the management of
channels and locks are the St. Lawrence Seaway Management Corporation,
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
overlapping jurisdictions of the military, RCMP, Transport Canada and
Canadian Coast Guard in the Great Lakes St. Lawrence Seaway;
of command is presented as a solution to this problem.
The report points out that while Transport Canada is
marine security policies and regulations, there is no single federal
security planning, co-ordination and execution such as the militarized
The report states that the RCMP is responsible for
marine border integrity
in the Great Lakes and Seaway area, but is: "ill equipped and
to effectively perform this function."
On the military, the report says that the Department of
"possesses the technological and operational expertise for conducting
security operations, however, lacks the enforcement and investigative
Unlike its U.S. counterpart, the report points out that
the Canadian Coast
Guard does not have a mandate to participate in marine security
except in support of the RCMP or other government departments. As a
solution, the report calls for centralized command to be exercised
Canada's "Marine Security Operations Centres."
The Centres were created under the federal government's
Security Policy. According to a government website, there are two
Marine Security Operations Centres -- one on the East Coast in Halifax,
Scotia and one on the West Coast in Esquimalt (Victoria), British
These coastal Marine Security Operations Centres are located in two
Navy buildings at Joint Task Force Atlantic Canadian Forces Base
Joint Task Force Pacific Canadian Forces Base Esquimalt. A third Marine
Security Operations Centre in Niagara Falls is located in facilities
the RCMP. The Niagara Falls Centre would be the one designated to
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
1) Co-ordination of marine security operations under a
agency, such as the coast guard;
2) A strategy to co-ordinate and position scarce
manpower and equipment;
3) Advanced surveillance equipment, including sensors,
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,
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
of the 50th anniversary of the Canadian Coast Guard on January 26,
Minister Peter MacKay issued a statement highlighting the integration
military with the Coast Guard. "The men and women of the Canadian
and the Canadian Coast Guard work together to save lives on a daily
providing highly skilled and specialized assets to ensure that in even
challenging of conditions, locations and situations, there are
resources that are
prepared and capable of rendering assistance," he said. He highlighted
integration in the St. Lawrence Seaway: "[We] are also partners in
Marine Security Operation Centres, which collect and analyze vast
of information from the East and West coasts and Great Lakes St.
Seaway in order to identify security threats and strengthen marine
Canada and her allies. The Marine Security Operation Centres monitor
Canadian territorial waters, and detect and assess security threats
posed by approximately 1000 vessels each day, from a distance of over
"We look forward to working even more closely with the
Guard in the future, as we continue to strengthen our ability to
provide assistance to Canadians," the statement concluded.
Federal Control Exercised Over Oshawa Port
been raised in the Parliament about the Federal government's
of Oshawa, Ontario's port from a Harbour Commission to a Port
and the subsequent announcement that an oil refinery will be built on
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
Conservatives said no to their control and created a federal port
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
the wishes of the people of Oshawa, or are they doing both?"
New York State Drops Proposed Shipping
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
required vessels using the State's waters to install treatment systems
ballast water by next year. Ballast water is pumped on board vessels to
increase draught, change trim, regulate stability and/or maintain
within acceptable limits. The proposed regulations were apparently put
to prevent invasive species carried in ballast waters from entering the
Lakes. The regulations would have applied to vessels entering New York
harbours, and to any vessel travelling in New York State waters on the
Lawrence Seaway -- whether the vessel plans to discharge ballast water
or not. Two St. Lawrence Seaway locks near the entrance to the Great
lie within New York waters. According to Canadian officials,
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,
Pierre Poilievre stated: "For the last year, 72,000 jobs related to the
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
save jobs at the same time."
Joe Martens, commissioner for New York's Department of
Conservation stated: "New York remains concerned about the introduction
spread of invasive species in the state's waterways and we hope that a
national solution can be achieved," [...] "At the same time, shipping
maritime activity is critical to New York state and international
A "technically feasible" national standard he said, will
be "the only viable
way to address the spread of destructive aquatic invaders through
It is likely that such a "national standard" would mean
are taking place on a single North American standard.
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.
and the Harper government's delivery of Canadians to NORTHCOM, the
danger this order poses to Canadians and Mexicans, as well as to the
working class and people, cannot be underestimated.
Consider this example of the kind of powers the order
gives to the President. The order delegates
powers to: "allocate materials, services, and facilities as deemed
appropriate to promote the national defense [...] to the Secretary of
with respect to food resources, food resource facilities, livestock
veterinary resources, plant health resources, and the domestic
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,
compound), or complements to such commodities or products, that are
of being ingested by either human beings or animals, irrespective of
to which such commodities or products may be put, at all stages of
from the raw commodity to the products thereof in vendible form for
or animal consumption. 'Food resources' also means potable water
in commercially marketable containers, all starches, sugars, vegetable
animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but
mean any such material after it loses its identity as an agricultural
or agricultural product."
It goes on to state: "'Food resource facilities' means
vehicles (including on farm), and other facilities required for the
processing, distribution, and storage (including cold storage) of food
and for the domestic distribution of farm equipment and fertilizer
In the case of energy resources, the order states that
will be delegated to "the Secretary of Energy with respect to all forms
Energy, according to the
order, is defined as: "all
including petroleum, gas (both natural and manufactured), electricity,
fuels (including all forms of coal, coke, coal chemicals, coal
coal gasification), solar, wind, other types of renewable energy,
and the production, conservation, use, control, and distribution
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
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
shows the importance of further developing the protest movements to
government to account on the basis that No Means No!
NATO War Crimes in Afghanistan
Get Canada Out of NATO!
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
out by one "rogue soldier". However villagers report seeing a group of
forces. Afghan President Hamid Karzai admitted that the assault could
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
civilians killed in Belambai were from the same family. The other
a neighbour. From Belambai he then walked to the village of Alkozai,
four people in one house, before moving to another house where he shot
man in the leg. Following the brutal attacks the victims' bodies were
It is reported that the soldier was in Afghanistan
working with a special
forces team doing "village stabilization operations" -- part of the
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
of those who have needlessly lost their lives. Today's shooting of
civilians is deplorable and runs contrary to everything that the
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
entire people. Terrorizing and suppressing the occupied in the name of
"stability" is precisely what the mission in Afghanistan is trying to
and every day it is being revealed more and more that Canada is still
participating in it under NATO -- meaning U.S. -- command, despite
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
notes prepared for David Johnston, Canada's Governor General and
Commander-in-Chief of the Armed Forces, "locations and billets were
on ... where it was assessed that Canada could get the greatest effect
ground and free up American forces to move to a combat role."
The Harper government is colluding against the people of
of Canada, as a fully integrated part of U.S. imperialism's NATO
apparatus. The Harper government represents a threat to the Canadian
world's people and must be stopped.
Get Canada Out of
Afghanistan now! Get Canada Out
Contact the Windsor Peace Coalition at
Some 200 Afghan school
students protest in Jalalbad City, Afghanistan March 17, 2012, calling
punishment of the U.S.
soldier who killed 16 civilians
U.S. President's 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
of 1950, as amended (50 U.S.C. App. 2061 et seq.), and section 301 of
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
Purpose. This order delegates authorities
national defense resource policies and programs under the Defense
Act of 1950, as amended (the "Act").
Policy. The United States must have an
technological base capable of meeting national defense requirements and
capable of contributing to the technological superiority of its
equipment in peacetime and in times of national emergency. The domestic
industrial and technological base is the foundation for national
preparedness. The authorities provided in the Act shall be used to
this base and to ensure it is capable of responding to the national
needs of the United States.
General Functions. Executive departments and
(agencies) responsible for plans and programs relating to national
defined in section 801(j) of this order), or for resources and services
to support such plans and programs, shall:
(a) identify requirements for the full spectrum of
essential military and civilian demand;
(b) assess on an ongoing basis the capability of the
and technological base to satisfy requirements in peacetime and times
national emergency, specifically evaluating the availability of the
resource and production sources, including subcontractors and
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
resources and production capability, including services and critical
for national defense requirements;
(d) improve the efficiency and responsiveness of the
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
Implementation. (a) The National Security
Homeland Security Council, in conjunction with the National Economic
Council, shall serve as the integrated policymaking forum for
and formulation of national defense resource preparedness policy and
make recommendations to the President on the use of authorities under
(b) The Secretary of Homeland Security shall:
(1) advise the President on issues of national defense
preparedness and on the use of the authorities and functions delegated
(2) provide for the central coordination of the plans
and programs incident
to authorities and functions delegated under this order, and provide
to agencies assigned functions under this order, developed in
such agencies; and
(3) report to the President periodically concerning all
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
National Security Advisor, the Assistant to the President for Homeland
Security and Counterterrorism, and the Assistant to the President for
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
Defense, the Secretary of Homeland Security, and other agencies, shall:
(1) analyze potential effects of national emergencies on
capability, taking into account the entire production system, including
shortages of resources, and develop recommended preparedness measures
strengthen capabilities for production increases in national
(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
their abilities to meet national defense program needs.
PART II -- PRIORITIES AND ALLOCATIONS
Priorities and Allocations Authorities. (a)
The authority of the
President conferred by section 101 of the Act, 50 U.S.C. App. 2071, to
acceptance and priority performance of contracts or orders (other than
contracts of employment) to promote the national defense over
of any other contracts or orders, and to allocate materials, services,
facilities as deemed necessary or appropriate to promote the national
is delegated to the following agency heads:
(1) the Secretary of Agriculture with respect to food
resource facilities, livestock resources, veterinary resources, plant
resources, and the domestic distribution of farm equipment and
(2) the Secretary of Energy with respect to all forms of
(3) the Secretary of Health and Human Services with
respect to health
(4) the Secretary of Transportation with respect to all
forms of civil
(5) the Secretary of Defense with respect to water
(6) the Secretary of Commerce with respect to all other
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
prioritize and allocate resources and establish standards and
which the authority shall be used to promote the national defense,
emergency and non-emergency conditions. Each Secretary shall authorize
heads of other agencies, as appropriate, to place priority ratings on
and orders for materials, services, and facilities needed in support of
approved under section 202 of this order.
(c) Each resource department shall act, as necessary and
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.
situations where there are competing program requirements for limited
resources, the resource department shall consult with the Secretary who
the required determination under section 202 of this order. Such
shall coordinate with and identify for the resource department which
requirements to prioritize on the basis of operational urgency. In
involving more than one Secretary making such a required determination
section 202 of this order, the Secretaries shall coordinate with and
the resource department which program requirements should receive
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
and National Security Advisor and the Assistant to the President for
Security and Counterterrorism.
(e) The Secretary of each resource department, when
make the finding required under section 101(b) of the Act, 50 U.S.C.
2071(b). This finding shall be submitted for the President's approval
the Assistant to the President and National Security Advisor and the
to the President for Homeland Security and Counterterrorism. Upon such
approval, the Secretary of the resource department that made the
use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a),
control the general distribution of any material (including applicable
in the civilian market.
Determinations. Except as provided in section
201(e) of this
order, the authority delegated by section 201 of this order may be used
to support programs that have been determined in writing as necessary
appropriate to promote the national defense:
(a) by the Secretary of Defense with respect to military
construction, military assistance to foreign nations, military use of
transportation, stockpiles managed by the Department of Defense, space,
directly related activities;
(b) by the Secretary of Energy with respect to energy
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
Maximizing Domestic Energy Supplies. The
authorities of the
President under section 101(c)(1) (2) of the Act, 50 U.S.C. App.
(2), are delegated to the Secretary of Commerce, with the exception
authority to make findings that materials (including equipment),
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
Chemical and Biological Warfare. The authority
President conferred by section 104(b) of the Act, 50 U.S.C. App.
delegated to the Secretary of Defense. This authority may not be
delegated by the Secretary.
PART III -- EXPANSION OF PRODUCTIVE CAPACITY AND
Sec. 301. Loan
Guarantees. (a) To reduce current or
of resources, critical technology items, or materials essential for the
defense, the head of each agency engaged in procurement for the
defense, as defined in section 801(h) of this order, is authorized
section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by
(b) Each guaranteeing agency is designated and
authorized to: (1) act as
fiscal agent in the making of its own guarantee contracts and in
carrying out the purposes of section 301 of the Act; and (2) contract
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
of the Office of Management and Budget (OMB). The guaranteeing agency
is authorized, following such consultation, to prescribe: (1) either
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
Sec. 302. Loans.
critical technology items, or materials essential for the national
head of each agency engaged in procurement for the national defense is
delegated the authority of the President under section 302 of the Act,
U.S.C. App. 2092, to make loans thereunder. Terms and conditions of
under this authority shall be determined in consultation with the
the Treasury and the Director of OMB.
Additional Authorities. (a) To create,
expand, or restore domestic industrial base capabilities essential for
national defense, the head of each agency engaged in procurement for
national defense is delegated the authority of the President under
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
for Government use or resale, and to make provision for the development
production capabilities, and for the increased use of emerging
security program applications, and to enable rapid transition of
(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
National Defense Stockpile, if, in the judgment of the Secretary of
the National Defense Stockpile Manager, such transfers are in the
Subsidy Payments. To ensure the supply of raw
nonprocessed materials from high cost sources, or to ensure maximum
production or supply in any area at stable prices of any materials in
a temporary increase in transportation cost, the head of each agency
in procurement for the national defense is delegated the authority of
President under section 303(c) of the Act, 50 U.S.C. App. 2093(c), to
subsidy payments, after consultation with the Secretary of the Treasury
Director of OMB.
Determinations and Findings. (a) Pursuant to
provided by an appropriations act in advance for credit assistance
section 301 or 302 of the Act, 50 U.S.C. App. 2091, 2092, and
the Federal Credit Reform Act of 1990,
the head of each agency engaged in procurement for the national
is delegated the authority to make the determinations set forth in
301(a)(2) and 302(b)(2) of the Act, in consultation with the Secretary
the required determination under section 202 of this order; provided,
determinations shall be made after due consideration of the provisions
Circular A 129 and the credit subsidy score for the relevant loan or
guarantee as approved by OMB pursuant to FCRA.
(b) Other than any determination by the President under
303(a)(7)(b) of the Act, the head of each agency engaged in procurement
the national defense is delegated the authority to make the required
determinations, judgments, certifications, findings, and notifications
under section 303 of the Act, 50 U.S.C. App. 2093, in consultation with
Secretary making the required determination under section 202 of this
Strategic and Critical Materials. The
Secretary of Defense, and
the Secretary of the Interior in consultation with the Secretary of
the National Defense Stockpile Manager, are each delegated the
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.
Substitutes. The head of each agency engaged
for the national defense is delegated the authority of the President
section 303(g) of the Act, 50 U.S.C. App. 2093(g), to make provision
development of substitutes for strategic and critical materials,
components, critical technology items, and other resources to aid the
Government-Owned Equipment. The head of each
engaged in procurement for the national defense is delegated the
the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e),
(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
in plants, factories, or other industrial facilities owned by private
(b) provide for the modification or expansion of
facilities, including the modification or improvement of production
when taking actions under sections 301, 302, or 303 of the Act, 50
App. 2091, 2092, 2093; and
(c) sell or otherwise transfer equipment owned by the
Government and installed under section 303(e) of the Act, 50 U.S.C.
2093(e), to the owners of such plants, factories, or other industrial
Sec. 309. Defense
Production Act Fund.
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
duties specified in section 304 of the Act, in consultation with the
heads having approved, and appropriated funds for, projects under title
Critical Items. The head of each agency
procurement for the national defense is delegated the authority of the
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
essential materials, and industrial resources are available from
when needed to meet defense requirements during peacetime, graduated
mobilization, and national emergency. Appropriate action may include
restricting contract solicitations to reliable sources, restricting
solicitations to domestic sources (pursuant to statutory authority),
critical components, and developing substitutes for critical components
critical technology items.
Strengthening Domestic Capability. The head of
engaged in procurement for the national defense is delegated the
the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a),
utilize the authority of title III of the Act or any other provision of
provide appropriate incentives to develop, maintain, modernize,
expand the productive capacities of domestic sources for critical
critical technology items, materials, and industrial resources
essential for the
execution of the national security strategy of the United States.
Modernization of Equipment. The head of each
engaged in procurement for the national defense, in accordance with
108(b) of the Act, 50 U.S.C. App. 2078(b), may utilize the authority of
III of the Act to guarantee the purchase or lease of advance
equipment, and any related services with respect to any such equipment
purposes of the Act. In considering title III projects, the head of
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
PART IV -- VOLUNTARY AGREEMENTS AND ADVISORY
Delegations. The authority of the President
708(c) and (d) of the Act, 50 U.S.C. App. 2158(c), (d), is delegated to
heads of agencies otherwise delegated authority under this order. The
of the use of such delegations shall be furnished to the Secretary of
Advisory Committees. The authority of the
section 708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in
401 of this order (relating to establishment of advisory committees)
exercised only after consultation with, and in accordance with,
procedures established by the Administrator of General Services.
Regulations. The Secretary of Homeland
approval of the Attorney General, and after consultation by the
General with the Chairman of the Federal Trade Commission, shall
rules pursuant to section 708(e) of the Act, 50 U.S.C. App. 2158(e),
incorporating standards and procedures by which voluntary agreements
plans of action may be developed and carried out. Such rules may be
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
National Defense Executive Reserve. (a) In
section 710(e) of the Act, 50 U.S.C. App. 2160(e), there is established
executive branch a National Defense Executive Reserve (NDER) composed
persons of recognized expertise from various segments of the private
and from Government (except full time Federal employees) for training
employment in executive positions in the Federal Government in the
a national defense emergency.
(b) The Secretary of Homeland Security shall issue
for the NDER program, including appropriate guidance for establishment,
recruitment, training, monitoring, and activation of NDER units and
responsible for the overall coordination of the NDER program. The
of the President under section 710(e) of the Act, 50 U.S.C. App.
determine periods of national defense emergency is delegated to the
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
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
of this authority shall be subject to the provisions of sections 501(e)
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
that an emergency affecting the national defense exists and that the
of the unit is necessary to carry out the emergency program functions
(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.
Consultants. The head of each agency otherwise
functions under this order is delegated the authority of the President
sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to
persons of outstanding experience and ability without compensation and
employ experts, consultants, or organizations. The authority delegated
section may not be redelegated.
PART VI -- LABOR REQUIREMENTS
Secretary of Labor. (a) The Secretary of
coordination with the Secretary of Defense and the heads of other
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
development of policies regulating the induction and deferment of
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
actions on labor demand and utilization; (ii) the relation of labor
materials and facilities requirements; and (iii) such other matters as
in making the exercise of priority and allocations functions consistent
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
requirements of actions to be taken for national defense purposes; and
estimate training needs to help address national defense requirements
promote necessary and appropriate training programs; and
(5) develop and implement an effective labor management
to support the activities and programs under this order, with the
of other agencies as deemed appropriate by the Secretary of Labor,
the National Labor Relations Board, the Federal Labor Relations
National Mediation Board, and the Federal Mediation and Conciliation
(b) All agencies shall cooperate with the Secretary of
request, for the purposes of this section, to the extent permitted by
PART VII -- DEFENSE PRODUCTION ACT COMMITTEE
Sec. 701. The Defense
Committee. (a) The Defense
Production Act Committee (Committee) shall be composed of the
members, in accordance with section 722(b) of the Act, 50 U.S.C. App.
(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
(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
and activities in an advisory role. The Chairperson, as designated by
President pursuant to section 722 of the Act, 50 U.S.C. App. 2171, may
the heads of other agencies or offices to participate in Committee
and activities in an advisory role, as appropriate.
Offsets. The Secretary of Commerce shall
prepare and submit
to the Congress the annual report required by section 723 of the Act,
U.S.C. App. 2172, in consultation with the Secretaries of State, the
Defense, and Labor, the United States Trade Representative, the
National Intelligence, and the heads of other agencies as appropriate.
heads of agencies shall provide the Secretary of Commerce with such
information as may be necessary for the effective performance of this
PART VIII -- GENERAL PROVISIONS
Definitions. In addition to the definitions in
section 702 of the
Act, 50 U.S.C. App. 2152, the following definitions apply throughout
(a) "Civil transportation" includes movement of persons
and property by
all modes of transportation in interstate, intrastate, or foreign
the United States, its territories and possessions, and the District of
and related public storage and warehousing, ports, services, equipment
facilities, such as transportation carrier shop and repair facilities.
transportation" also shall include direction, control, and coordination
transportation capacity regardless of ownership. "Civil transportation"
not include transportation owned or controlled by the Department of
use of petroleum and gas pipelines, and coal slurry pipelines used only
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),
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
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
a plant nutrient.
(e) "Food resources" means all commodities and products,
or compound), or complements to such commodities or products, that are
capable of being ingested by either human beings or animals,
other uses to which such commodities or products may be put, at all
processing from the raw commodity to the products thereof in vendible
for human or animal consumption. "Food resources" also means potable
packaged in commercially marketable containers, all starches, sugars,
and animal or marine fats and oils, seed, cotton, hemp, and flax fiber,
not mean any such material after it loses its identity as an
commodity or agricultural product.
(f) "Food resource facilities" means plants, machinery,
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
(g) "Functions" include powers, duties, authority,
(h) "Head of each agency engaged in procurement for the
defense" means the heads of the Departments of State, Justice, the
and Homeland Security, the Office of the Director of National
Central Intelligence Agency, the National Aeronautics and Space
Administration, the General Services Administration, and all other
with authority delegated under section 201 of this order.
(i) "Health resources" means drugs, biological products,
materials, facilities, health supplies, services and equipment required
diagnose, mitigate or prevent the impairment of, improve, treat, cure,
the physical or mental health conditions of the population.
(j) "National defense" means programs for military and
or construction, military or critical infrastructure assistance to any
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
Act, 42 U.S.C. 5195 et seq., and critical infrastructure
(k) "Offsets" means compensation practices required as a
purchase in either government to government or commercial sales of
articles and/or defense services as defined by the Arms Export Control
22 U.S.C. 2751 et seq., and the International Traffic in Arms
C.F.R. 120.1 130.17.
(l) "Special priorities assistance" means action by
to assist with expediting deliveries, placing rated orders, locating
resolving production or delivery conflicts between various rated
addressing problems that arise in the fulfillment of a rated order or
action authorized by a delegated agency, and determining the validity
(m) "Strategic and critical materials" means materials
that (1) would be needed to supply the military, industrial, and
civilian needs of the United States during a national emergency, and
not found or produced in the United States in sufficient quantities to
need and are vulnerable to the termination or reduction of the
(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
include usable water that qualifies as "food resources."
General. (a) Except as otherwise provided in
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
out the delegated authorities under the Act and this order, by the
Labor in carrying out part VI of this order, and by the Secretary of
Treasury in exercising the functions assigned in Executive Order 11858,
(b) The authorities that may be exercised and performed
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
(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
of this order, and (ii) the functions assigned to the Secretary of the
in Executive Order 11858, as amended, provided that the subpoena power
referenced in subsections (i) and (ii) shall be utilized only after the
purpose of the investigation, inspection, or inquiry to which the
relates have been defined either by the appropriate officer identified
802(a) of this order or by such other person or persons as the officer
(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
721 and 722 of the Act, 50 U.S.C. App. 2170 2171, and the authority
respect to fixing compensation under section 703 of the Act, 50 U.S.C.
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,
directives, and other actions relating to any function affected by this
shall remain in effect except as they are inconsistent with this order
subsequently amended or revoked under proper authority. Nothing in this
order shall affect the validity or force of anything done under
delegations or other assignment of authority under the Act.
(b) Nothing in this order shall affect the authorities
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
Executive Order 12472 of April 3, 1984, as amended.
General Provisions. (a) Nothing in this order
construed to impair or otherwise affect functions of the Director of
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
the United States, its departments, agencies, or entities, its
or agents, or any other person.
THE WHITE HOUSE,
March 16, 2012.
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