Our Next Constitution - Federalism
My comments are in boxes - JamesExecutive Orders
THE WHITE HOUSE
Office of the Press Secretary
Is it a coincidence it is released from England?
For Immediate Release
May 14, 1998
By the authority vested in me as President by the Constitution and the laws of the United states of America, and in order to guarantee the division of governmental responsibilities, embodied in the Constitution, between the Federal Government and the States that was intended by the Framers and application of those principles by the Executive departments and agencies in the formulation and implementation of policies, it is hereby ordered as follows:
I disagree, this was not the intent of our forefathers, state policies were already set, as well as their borders and sovereignty, and strict restrictions were placed on the federal government by the 1787 Constitution, this was reversed by the created Districts by Washington and later completed by the Civil War Reconstruction Acts.
Section i. Definitions. For purposes of this order:
(a) “State” or “States” refer to the States of the United States of America, individually or collectively, and, where relevant, to State governments, including units of local government and other political subdivisions established by the States.
(b) “Policies that have federalism implications” refers to Federal regulations, proposed legislation, and other policy statements actions that have substantial direct effects on the States or on the relationship, or the distribution of power and responsibilities, between the Federal Government and the States.
This is public policy, this is defined by this and in other documents included here and other research papers done by the Informer, myself and many others.
(c) “Agency” means any authority of the United States that is an “agency” under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.5.C 3502(5).
Sec. 2. Fundamental Federalism Principles. in formulating and implementing policies that have federalism implications, shall be guided by the following fundamental federalism principles:
This too is public policy, based on socialism and subjection through debt, as you will see.
(a) The structure of government established by the Constitution is premised upon a system of checks and balances.
(b) The Constitution created a Federal Government of Supreme, but limited, powers. The sovereign powers not granted to the Federal Government are reserved to the people or to the States, unless prohibited to the States by the Constitution.
It did no such thing, the federal government was for the protection of commercial rights and trading with other countries, and the protection against foreign invasion or rebellion. Government stayed out of the lives of the state inhabitants for the most part, prior to the Civil War. Here is where the 1870 Constitution overrules the 1787 Constitution. The de facto government established by the Reconstruction Acts and sealed by the 14th Amendment, are not bound by the 1787 Constitution, or its replacement, the 1870 Constitution, nor is the Conquering government limited in any way by this document when it comes into conflict with their public policy.
(c) Federalism reflects the principle that dividing power between the Federal Government and the States serves to protect individual liberty. Preserving State authority provides an essential balance to the power of the Federal Government, while preserving the supremacy of Federal law provides an essential balance to the power of the States.
(d) The people of the States are at liberty, subject only to the limitations in the Constitution itself or in Federal law, to define the moral, political, and legal character of their lives.
Since when was the Constitution supposed to define moral, political and legal character? Our fore fathers would say: the Bible, the Church and the public at large have this obligation, not a created entity.
(e) Our constitutional system encourages a healthy diversity in the public policies adopted by the people of the several States according to their own conditions, needs, and desires. States and local governments are often uniquely situated to discern the sentiments of the people and to govern accordingly.
(f) Effective public policy is often achieved when there is competition among the several States in the fashioning of different approaches to public policy issues. The search for enlightened public policy is often furthered when individual States and local governments are free to experiment with a variety of approaches to public issues. Uniform, national approaches to public policy problems can inhibit the creation of effective solutions to those problems.
The political and social experiment spoken so eloquently of, by Sir Edmund Burke and Adam Smith, made it clear this was conducted by the king of England, on an ignorant public.
(g) Policies of the Federal Government should recognize the responsibility of – and should encourage opportunities for – States, local governments, private associations, neighborhoods, families and individuals to achieve personal, social, environmental, and economic, objectives through cooperative effort.
Sec. 3. Federalism Policy making Criteria. In addition to adhering to the fundamental federalism principles set forth in section 2 of this order, agencies shall adhere, to the extent permitted by law, to the following criteria when formulating and implementing policies that have federalism implications:
Where is federalism defined? Here are a few quotes:
The following are excerpts from the INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. 102d Congress 2d Session, Exec. Rept. 102-23 January 30,1992.
"The Covenant states expressly that obligations undertaken by the Parties extend to all parts of federal states "without any limitations or exceptions." (See: page six #5 obligations of Federal States I.C.C.P.R. January 30, 1992).
"During the negotiation of the Covenant, the "federal state" issue assumed some importance because there were legally justified practices, at the State and local level, which were both manifestly inconsistent with the Covenant and beyond the reach of Federal authority under the law in force at that time; that is no longer the case." (See: page 18 I.C.C.P.R.)
"The proposed understanding is similarly intended to signal to our treaty partners that the U.S. will implement its obligations under the Covenant by appropriate legislative, executive and judicial means, federal or state as appropriate, and that the Federal Government will remove any federal inhibition to the States' abilities to meet their obligations." (See: page 18 I.C.C.P.R.)
"Nothing in this Covenant requires or authorizes legislation, or other action, by the United States of America prohibited by the Constitution of the United States as interpreted by the United States." (See: page 24 I.C.C.P.R.)
(a) There should be strict adherence to constitutional principles. Agencies should closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making discretion of States and local governments, ant should carefully assess the necessity for such action.
(b) Agencies may limit the policy making discretion of States and local governments only after determining that there is constitutional add legal authority for the action.
To further understand the complete control the Agencies now have, read the Executive Order included at the end of this email, because of its length I do not include it here.
(c) with respect to Federal statutes and regulations administered by States and local governments, the Federal Government should grant States and local governments the maximum administrative discretion possible. Any Federal oversight of such State and local administration should not unnecessarily intrude on State and local discretion.
(d) It is important to recognize the distinction between matters of national or multi-state scope (which may justify Federal action) and matters that are merely common to the States (which may not justify Federal action because individual States, acting individually or together, may effectively deal with them). Matters of national or multi-state scope that justify Federal action may arise in a variety of circumstances, including:
Public policy will overrule State supposed rights, negating the 10th Amendment, which has been allowed to remain in the 1870 Constitution since the Conquest. This is no longer the case.
(1) When the matter to be addressed by Federal action occurs interstate as opposed to being contained within one State’s boundaries.
(2) When the source of the matter to be addressed occurs in a State different from the State (or States) where a significant amount of the harm occurs.
(3) When there is a need for uniform national standards.
(4) When decentralization increases the costs of government thus imposing additional burdens on the taxpayer. (5) When States have not adequately protected individual rights and liberties.
I've been saying for a long time that, if any State removes the 14th Amendment, the military will be placed in the State, to continue the Conquest just as after the Civil War.
(6) When States would be reluctant to impose necessary regulations because of fears that regulated business activity will relocate to other States.
States can no longer protect their commercial interests when they conflict with the public policy of the Conqueror.
(7) When placing regulatory authority at the State or local level would undermine regulatory goals because high costs or demands for specialized expertise will effectively place the regulatory matter beyond the resources of State authorities.
(8) When the matter relates to Federally owned or managed property or natural resources, trust obligations, or international obligations.
“The committee also alluded to “the great force” of “the great constitutional question as to the power of Congress to extend maritime jurisdiction beyond the ground occupied by it at the adoption of the Constitution….” Ibid. H.R. Rep. No. 72 31st Cong., 1st Sess. 2 (1850)
“This power is as extensive upon land as upon water. The Constitution makes no distinction in that respect. And if the admiralty jurisdiction, in matters of contract and tort which the courts of the United States may lawfully exercise on the high seas, can be extended to the lakes under the power to regulate commerce, it can with the same propriety and upon the same construction, be extended to contracts and torts on land when the commerce is between different States. And it may embrace also the vehicles and persons engaged in carrying it on (my note - remember what the law of the flag said when you receive benefits from the king.) It would be in the power of Congress to confer admiralty jurisdiction upon its courts, over the cars engaged in transporting passengers or merchandise from one State to another, and over the persons engaged in conducting them, and deny to the parties the trial by jury. Now the judicial power in cases of admiralty and maritime jurisdiction, has never been supposed to extend to contracts made on land and to be executed on land. But if the power of regulating commerce can be made the foundation of jurisdiction in its courts, and a new and extended admiralty jurisdiction beyond its heretofore known and admitted limits, may be created on water under that authority, the same reason would justify the same exercise of power on land.” Propeller Genessee Chief et al. v. Fitzhugh et al. 12 How. 443 (U.S. 1851)
“Next to revenue (taxes) itself, the late extensions of the jurisdiction of the admiralty are our greatest grievance. The American Courts of Admiralty seem to be forming by degrees into a system that is to overturn our Constitution and to deprive us of our best inheritance, the laws of the land. It would be thought in England a dangerous innovation if the trial, of any matter on land was given to the admiralty.” Jackson v. Magnolia, 20 How. 296 315, 342 (U.S. 1852)
“These courts, then, are not constitutional courts in which the judicial power conferred by the Constitution on the general government can be deposited. They are incapable of receiving it. They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations respecting the territory belonging to the united States. The jurisdiction with which they are invested is not a part of that judicial power which is conferred in the third article of the Constitution, but is conferred by Congress in the execution of those general powers which that body possesses over the territories of the United States.” Harvard Law Review, Our New Possessions. page 481.
AND CASES THAT FOLLOWED THIS STARE DECISIS...[T]he United States may acquire territory by conquest or by treaty, and may govern it through the exercise of the power of Congress conferred by Section 3 of Article IV of the Constitution...
In exercising this power, Congress is not subject to the same constitutional limitations, as when it is legislating for the United States. …And in general the guaranties of the Constitution, save as they are limitations upon the exercise of executive and legislative power when exerted for or over our insular possessions, extend to them only as Congress, in the exercise of its legislative power over territory belonging to the United States, has made those guarantees applicable. [Hooven & Allison & Co. vs Evatt, 324 U.S. 652 (1945)
Another such case is Downes vs Bidwell in which the dissenting Judge points out the evil of such a unlawful decision. And further supported by “the Insular Cases” 15 Harvard Law Review 169, 281.
The idea prevails with some indeed, it found expression in arguments at the bar that we have in this country substantially or practically two national governments; one to be maintained under the Constitution, with all its restrictions; the other to be maintained by Congress outside and independently of that instrument, by exercising such powers as other nations of the earth are accustomed to exercise.
I take leave to say that if the principles thus announced should ever receive the sanction of a majority of this court, a radical and mischievous change in our system of government will be the result. We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism.
It will be an evil day for American liberty if the theory of a government outside of the supreme law of the land finds lodgment in our constitutional jurisprudence. No higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the constitution. [Downes vs Bidwell, 182 U.S. 244 (1901)]
TAX THE COLLECTION FOR THE KING
26 USC Sec. 1491
Imposition of tax
There is hereby imposed on the transfer of property by a citizen or resident of the Unnited States, or by a domestic corporation or partnership, or by an estate or trust which is not a foreign estate or trust, to a foreign corporation as paid-in surplus or as a contribution to capital, or to a foreign estate or trust, or to a foreign partnership, an excise tax equal to 35 percent of the excess of -
(1) the fair market value of the property so transferred, over
(2) the sum of -
(A) the adjusted basis (for determining gain) of such property in the hands of the transferor, plus
(B) the amount of the gain recognized to the transferor at the time of the transfer.
The following is the definition of tribute (tax). “A contribution which is raised by a prince or sovereign from his subjects to sustain the expenses of the state.
A sum of money paid by an inferior sovereign or state to a superior potentate, to secure the friendship or protection of the latter.” Blacks Law Dictionary forth ed. p. 1677….
….As further evidence, not that any is needed, a percentage of taxes that are paid are to enrich the king/queen of England. For those that study Title 26 you will recognize IMF, which means Individual Master File, all tax payers have one. To read one you have to be able to break their codes using file 6209, which is about 467 pages. On your IMF you will find a blocking series, which tells you what type of tax you are paying. You will probably find a 300-399 blocking series, which 6209 says is reserved. You then look up the BMF 300-399, which is the Business Master File in 6209. You would have seen prior to 1991, this was U.S.-U.K. Tax Claims, non-refile DLN. Meaning everyone is considered a business and involved in commerce and you are being held liable for a tax via a treaty between the U.S. and the U.K., payable to the U.K.. The form that is supposed to be used for this is form 8288, FIRPTA - Foreign Investment Real Property Tax Account, you won’t find many people using this form, just the 1040 form. The 8288 form can be found in the Law Enforcement Manual of the IRS, chapter 3. If you will check the OMB’s paper - Office of Management and Budget, in the Department of Treasury, List of Active Information Collections, Approved Under Paperwork Reduction Act, you will find this form under OMB number 1545-0902, which says U.S. withholding tax-return for dispositions by foreign persons of U.S. real property interests-statement of withholding on dispositions, by foreign persons, of U.S. Form #8288 #8288a
These codes have since been changed to read as follows; IMF 300-309, Barred Assessment, CP 55 generated valid for MFT-30, which is the code for 1040 form. IMF 310-399 reserved, the BMF 300-309 reads the same as IMF 300-309. BMF 390-399 reads U.S./U.K. Tax Treaty Claims. The long and short of it is nothing changed, the government just made it plainer, the 1040 is the payment of a foreign tax to the king/queen of England. We have been in financial servitude since the Treaty of 1783….Quoted from “The United States is Still a British Colony”.
THE BIG SELL OFF
The selling off of America’s assets was made possible by the President, in Executive Order 12803 of April 30, 1992, entitled Infrastructure Privatization. In the Executive Order you have defined the title of this treasonous act, which has been done as a result of the fraud you the government (representatives) have perpetuated.
In section 1. (a) it says “Privatization” means the disposition or transfer of an infrastructure asset, such as by sale or by long-term lease, from a State or local government to a private party.
In sub-paragraph (b) the Infrastructure Assets are defined. Obviously the usury the World Bank has been receiving from the American people (unconscionable citizen subjects) is not enough, now the World Bank is foreclosing on the United States and wants the land and the assets to pay the national debt.
Here is the definition of sub-paragraph (b)
“Infrastructure asset” means any asset financed in whole or in part by the Federal Government and needed for the functioning of the economy. Examples of such assets include, but are not limited to: roads, tunnels, bridges, electricity supply facilities, mass transit, rail transportation, airports, ports, waterways, water supply facilities, recycling and wastewater treatment facilities, solid waste disposal facilities, housing, schools, prisons, and hospitals.
(9) When the matter to be regulated significantly or uniquely affects Indian tribal governments.
Sec. 4. Consultation.
(a) Each agency shall have an effective process to permit elected officials and other representatives of State and local governments to provide meaningful and timely input in the development of regulatory Policies that have federalism implications.
(b) To the extent practicable and permitted by law, no agency shall promulgate any regulation that is not required by statute, that has federalism implications, and that imposes substantial direct compliance costs on States and local governments, unless:
(1) funds necessary to pay the direct costs incurred by the State or local government in complying with the regulation are provided by the Federal Government; or
(2) the agency, prior to the formal promulgation of the regulation,
(A) in a Separately identified portion of the Preamble to the regulation as it is to be issued in the Federal Register, provides to the Director of the Office of the Management and Budget a description of the extent of the agency’s prior consultation with representatives of affected States and local governments, a summary of the nature of their concerns, and the agency’s position supporting the need to issue the regulation; and
This is a continuation of the 1689 Bill of Rights and Sec. 25. Of the 1776 Declaration of Rights, North Carolina Constitution, and the continuing defense and protection of the Treaty and Cestui Que Trust between the king and his Trusties (U.S. government), as a result of his early Charters, overseen by the fundor of the king's debt, the bankers, going back to their fundor and party of interest, the Vatican.
(B) makes available to the Director Of the Office of Management and Budget any written communications submitted to the agency by states or local governments.
Sec. 5. Increasing Flexibility for State and Local waivers.
(a) Agencies shall review the process under which States and local governments apply for waivers of statutory or regulatory requirements and take appropriate steps to streamline those processes.
(b) Each agency shall, to the extent practicable and permitted by law, consider any application by a State or local government for a waiver of statutory or regulatory requirements in connection with any program administered by that agency with a general view toward increasing opportunities for utilizing flexible policy approaches at the State or local level in cases in which the proposed waiver is consistent with applicable Federal policy objectives and is otherwise appropriate.
(c) Each agency shall, to the extent practicable and permitted by law, render a decision upon a complete application for a waiver within 120 days of receipt of such application by the agency. If the application for a waiver is not granted, the agency shall provide the applicant with timely written notice of the agency decision and the reasons therefor.
(d) This section applies only to statutory or regulatory requirements that are discretionary and subject to waiver by the agency.
Sec. 6. Independent Agencies. Independent regulatory agencies are encouraged to comply with the provisions of this order.
Sec. 7. General Provisions.
(a) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.
(b) This order shall supplement but not supersede the requirements contained in Executive Order 12866 (“Regulatory Planning and Review”) Executive Order 12988 (“Civil Justice Reform”), and OMB Circular A-19.
(c) Executive Order 12612 of October 26, 1987, and Executive Order 12875 of October 26, 1993, are revoked.
(d) The consultation and waiver provisions in sections 4 and 5 of this order shall complement the Executive order entitled, “Consultation and Coordination with Indian Tribal Governments;” being issued on this day.
(e) This order shall be effective 90 days after the date of this order.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 14, 1998.
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release June 6, 1994
NATIONAL DEFENSE INDUSTRIAL RESOURCES PREPAREDNESS
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (64 Stat. 798; 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 industrial resource policies and programs under the Defense Production Act of 1950, as amended (“the Act”), except for the amendments to Title III of the Act in the Energy Security Act of 1980 and telecommunication authorities under Executive Order No. 12472.
Sec. 102. Policy. The United States must have an industrial and technology base capable of meeting national defense requirements, and capable of contributing to the technological superiority of its 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 all threats to the national security of the United States.
Sec. 103. General Functions. Federal departments and agencies responsible for defense acquisition (or for industrial resources needed to support defense acquisition) shall:
(a) Identify requirements for the full spectrum of national security emergencies, including military, industrial, and essential civilian demand;
(b) Assess continually the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of adequate industrial 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 industrial resources and production capability, including services and critical technology for national defense requirements;
(d) Improve the efficiency and responsiveness, to defense requirements, of the domestic industrial base; and
(e) Foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, components, and equipment to enhance industrial base efficiency and responsiveness.
Sec. 104. Implementation.
(a) The National Security Council is the principal forum for consideration and resolution of national security resource preparedness policy.
(b) The Director, Federal Emergency Management Agency (“Director, FEMA”) shall:
(1) Serve as an advisor to the National Security Council on issues of national security 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 and procedures approved by the Assistant to the President for National Security Affairs to the Federal departments and agencies under this order;
(3) Establish procedures, in consultation with Federal departments and agencies assigned functions under this order, to resolve in a timely and effective manner conflicts and issues that may arise in implementing the authorities and functions delegated under this order; and
(4) Report to the President periodically concerning all program activities conducted pursuant to this order.
(c) The head of every Federal department and agency assigned functions under this order shall ensure that the performance of these functions is consistent with National Security Council policy and guidelines.
PART II - PRIORITIES AND ALLOCATIONS
Sec. 201. Delegations of Priorities and Allocations.
(a) The authority of the President conferred by section 101 of the Act 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, 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 for all other materials, services, and facilities, including construction materials.
(b) The Secretary of Commerce, in consultation with the heads of those departments and agencies specified in subsection 201(a) of this order, shall administer the Defense Priorities and Allocations System (“DPAS”) regulations that will be used to implement the authority of the President conferred by section 101 of the Act as delegated to the Secretary of Commerce in subsection 201(a)(6) of this order. The Secretary of Commerce will redelegate to the Secretary of Defense, and the heads of other departments and agencies as appropriate, authority for the priority rating of contracts and orders for all materials, services, and facilities needed in support of programs approved under section 202 of this order. The Secretary of Commerce shall act as appropriate upon Special Priorities Assistance requests in a time frame consistent with the urgency of the need at hand.
(c) The Director, FEMA, shall attempt to resolve issues or disagreements on priorities or allocations between Federal departments or agencies in a time frame consistent with the urgency of the issue at hand and, if not resolved, such issues will be referred to the Assistant to the President for National Security Affairs for final determination.
(d) The head of each Federal department or agency assigned functions under subsection 201(a) of this order, when necessary, shall make the finding required under subsection 101(b) of the Act. This finding shall be submitted for the President’s approval through the Assistant to the President for National Security Affairs. Upon such approval the head of the Federal department or agency that made the finding may use the authority of subsection 101(a) of the Act to control the general distribution of any material (including applicable services) in the civilian market.
(e) The Assistant to the President for National Security Affairs is hereby delegated the authority under subsection 101(c)(3) of the Act, and will be assisted by the Director, FEMA, in ensuring the coordinated administration of the Act.
Sec. 202. Determinations. 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, stockpiling, outer 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 Director, FEMA, with respect to essential civilian needs supporting national defense, including civil defense and continuity of government and directly related activities.
Sec. 203. Maximizing Domestic Energy Supplies. The authority of the President to perform the functions provided by subsection 101(c) of the Act is delegated to the Secretary of Commerce, who shall redelegate to the Secretary of Energy the authority to make the findings described in subsection 101(c)(2)(A) that the materials (including equipment), services, and facilities are critical and essential. The Secretary of Commerce shall make the finding described in subsection 101(c)(2)(A) of the Act that the materials (including equipment), services, or facilities are scarce, and the finding described in subsection 101(c)(2)(B) that it is necessary to use the authority provided by subsection 101(c)(1).
Sec. 204. Chemical and Biological Warfare. The authority of the President conferred by subsection 104(b) of the Act 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. (a) Financing Institution Guarantees. To expedite or expand production and deliveries or services under government contracts for the procurement of industrial resources or critical technology items essential to the national defense, the head of each Federal department or agency engaged in procurement for the national defense (referred to as “agency head” in this part) and the President and Chairman of the Export-Import Bank of the United States (in cases involving capacity expansion, technological development, or production in foreign countries) are authorized to guarantee in whole or in part any public or private financing institution, subject to provisions of section 301 of the Act. Guarantees shall be made in consultation with the Department of the Treasury as to the terms and conditions thereof. The Director of the Office of Management and Budget (“OMB”) shall be informed when such guarantees are to be made.
(b) Direct Loan Guarantees. To expedite or expand production and deliveries or services under government contracts for the procurement of industrial resources or critical technology items essential to the national defense, each agency head is authorized to make direct loan guarantees from funds appropriated to their agency for Title III.
(c) Fiscal Agent. Each Federal Reserve Bank is designated and authorized to act, on behalf of any guaranteeing agency, as fiscal agent in the making of guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act.
(d) Regulations. The Board of Governors of the Federal Reserve System is authorized, after consultation with heads of guaranteeing departments and agencies, the Secretary of the Treasury, and the Director, OMB, to prescribe regulations governing procedures, forms, rates of interest, and fees for such guarantee contracts.
Sec. 302. Loans. (a) To expedite production and deliveries or services to aid in carrying out government contracts for the procurement of industrial resources or a critical technology item for the national defense, an agency head is authorized, subject to the provisions of section 302 of the Act, to submit to the Secretary of the Treasury or the President and Chairman of the Export- Import Bank of the United States (in cases involving capacity expansion, technological development, or production in foreign countries) applications for loans.
(b) To expedite or expand production and deliveries or services under government contracts for the procurement of industrial resources or critical technology items essential to the national defense, each agency head may make direct loans from funds appropriated to their agency for Title III.
(c) After receiving a loan application and determining that financial assistance is not otherwise available on reasonable terms, the Secretary of the Treasury or the President and Chairman of the Export-Import Bank of the United States (in cases involving capacity expansion, technological development, or production in foreign countries) may make loans, subject to provisions of section 302 of the Act.
Sec. 303. Purchase Commitments. (a) In order to carry out the objectives of the Act, and subject to the provisions of section 303 thereof, an agency head is authorized to make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for government use or resale.
(b) Materials acquired under section 303 of the Act that exceed the needs of the programs under the Act may be transferred to the National Defense Stockpile, if such transfer is determined by the Secretary of Defense as the National Defense Stockpile Manager to be in the public interest.
Sec. 304. Subsidy Payments. In order to ensure the supply of raw or non-processed materials from high-cost sources, an agency head is authorized to make subsidy payments, after consultation with the Secretary of the Treasury and the Director, OMB, and subject to the provisions of section 303(c) of the Act.
Sec. 305. Determinations and Findings. When carrying out the authorities in sections 301 through 303 of this order, an agency head is authorized to make the required determinations, judgments, statements, certifications, and findings, in consultation with the Secretary of Defense, Secretary of Energy or Director, FEMA, as appropriate. The agency head shall provide a copy of the determination, judgment, statement, certification, or finding to the Director, OMB, to the Director, FEMA, and, when appropriate, to the Secretary of the Treasury.
Sec. 306. Strategic and Critical Materials. (a) The Secretary of the Interior, in consultation with the Secretary of Defense as the National Defense Stockpile Manager and subject to the provisions of section 303 of the Act, is authorized to encourage the exploration, development, and mining of critical and strategic materials and other materials.
(b) An agency head is authorized, pursuant to section 303(g) of the Act, to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other industrial resources to aid the national defense.
(c) An agency head is authorized, pursuant to section 303(a)(1)(B) of the Act, to make provisions to encourage the exploration, development, and mining of critical and strategic materials and other materials.
Sec. 307. Government-owned Equipment. An agency head is authorized, pursuant to section 303(e) of the Act, to install additional equipment, facilities, processes, or improvements to facilities owned by the government and to install government-owned equipment in industrial facilities owned by private persons.
Sec. 308. Identification of Shortfalls. Except during periods of national emergency or after a Presidential determination in accordance with sections 301(e)(1)(D)(ii), 302(c)(4)(B), or 303(a)(7)(B) of the Act, no guarantee, loan or other action pursuant to sections 301, 302, and 303 of the Act to correct an industrial shortfall shall be taken unless the shortfall has been identified in the Budget of the United States or amendments thereto.
Sec. 309. Defense Production Act Fund Manager. The Secretary of Defense is designated the Defense Production Act Fund Manager, in accordance with section 304(f) of the Act, and shall carry out the duties specified in that section, in consultation with the agency heads having approved Title III projects and appropriated Title III funds.
Sec. 310. Critical Items List. (a) Pursuant to section 107(b)(1)(A) of the Act, the Secretary of Defense shall identify critical components and critical technology items for each item on the Critical Items List of the Commanders-in-Chief of the Unified and Specified Commands and other items within the inventory of weapon systems and defense equipment.
(b) Each agency head shall take appropriate action to ensure that critical components or critical technology items 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. An agency head, in accordance with section 107(a) of the Act, may utilize the authority of Title III of the Act or any other provision of law, in consultation with the Secretary of Defense, to provide appropriate incentives to develop, maintain, modernize, and expand the productive capacities of domestic sources for critical components, critical technology items, and industrial resources essential for the execution of the national security strategy of the United States.
Sec. 312. Modernization of Equipment. An agency head, in accordance with section 108(b) of the Act, 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.
PART IV - IMPACT OF OFFSETS
Sec. 401. Offsets. (a) The responsibilities and authority conferred upon the President by section 309 of the Act with respect to offsets are delegated to the Secretary of Commerce, who shall function as the President’s Executive Agent for carrying out this authority.
(b) The Secretary of Commerce shall prepare the annual report required by section 309(a) of the Act in consultation with the Secretaries of Defense, Treasury, Labor, State, the United States Trade Representative, the Arms Control and Disarmament Agency, the Director of Central Intelligence, and the heads of other departments and agencies as required. The heads of Federal departments and agencies shall provide the Secretary of Commerce with such information as may be necessary for the effective performance of this function.
(c) The offset report shall be subject to the normal interagency clearance process conducted by the Director, OMB, prior to the report’s submission by the President to Congress.
PART V - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES
Sec. 501. Appointments. The authority of the President under sections 708(c) and (d) of the Act is delegated to the heads of each Federal department or agency, except that, insofar as that authority relates to section 101 of the Act, it is delegated only to the heads of each Federal department or agency assigned functions under section 201(a) of this order. The authority delegated under thhis section shall be exercise pursuant to the provisions of section 708 of the Act, and copies and the status of the use of such delegations shall be furnished to the Director, FEMA.
Sec. 502. Advisory Committees. The authority of the President under section 708(d) of the Act and delegated in section 501 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.
PART VI - EMPLOYMENT OF PERSONNEL
Sec. 601. National Defense Executive Reserve. (a) In accordance with section 710(e) of the Act, 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 an emergency that requires such employment.
(b) The head of any department or agency may establish a unit of the NDER in the department or agency and train members of that unit.
(c) The head of each department or agency with an NDER unit is authorized to exercise the President’s authority to employ civilian personnel in accordance with section 703(a) of the Act when activating all or a part of its NDER unit. The exercise of this authority shall be subject to the provisions of subsections 601(d) and (e) of this order and shall not be redelegated.
(d) The head of a department or agency may activate an NDER unit, in whole or in part, upon the written determination that an emergency affecting the national security or defense preparedness of the United States exists and that the activation of the unit is necessary to carry out the emergency program functions of the department or agency.
(e) At least 72 hours prior to activating the NDER unit, the head of the department or agency shall notify, in writing, the Assistant to the President for National Security Affairs of the impending activation and provide a copy of the determination required under subsection 601(d) of this order.
(f) The Director, FEMA, shall coordinate the NDER program activities of departments and agencies in establishing units of the Reserve; provide for appropriate guidance for recruitment, training, and activation; and issue necessary rules and guidance in connection with the program.
(g) This order suspends any delegated authority, regulation, or other requirement or condition with respect to the activation of any NDER unit, in whole or in part, or appointment of any NDER member that is inconsistent with the authorities delegated herein, provided that the aforesaid suspension applies only as long as sections 703(a) and 710(e) of the Act are in effect.
Sec. 602. Consultants. The head of each department or agency assigned functions under this order is delegated authority under sections 710(b) and (c) of the Act to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section shall not be redelegated.
PART VII - LABOR SUPPLY
Sec. 701. Secretary of Labor. The Secretary of Labor, identified in this section as the Secretary, shall:
(a) Collect, analyze, and maintain data needed to make a continuing appraisal of the nation’s labor requirements and the supply of workers for purposes of national defense. All agencies of the government shall cooperate with the Secretary in furnishing information necessary for this purpose, to the extent permitted by law;
(b) In response to requests from the head of a Federal department or agency engaged in the procurement for national defense, consult with and advise that department or agency with respect to (1) the effect of contemplated actions on labor supply and utilization, (2) the relation of labor supply to materials and facilities requirements, and (3) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;
(c) Formulate plans, programs, and policies for meeting defense and essential civilian labor requirements;
(d) Project skill shortages to facilitate meeting defense and essential civilian needs and establish training programs;
(e) Determine the occupations and skills critical to meeting the labor requirements of defense and essential civilian activities and, with the assistance of the Secretary of Defense,
the Director of Selective Service, and such other persons as the Director, FEMA, may designate, develop policies regulating the induction and deferment of personnel for the armed services, except for civilian personnel in the reserves; and
(f) Administer an effective labor-management relations policy to support the activities and programs under this order with the cooperation of other Federal agencies, including the National Labor Relations Board and the Federal Mediation and Conciliation Service.
PART VIII - DEFENSE INDUSTRIAL BASE INFORMATION AND REPORTS
Sec. 801. Foreign Acquisition of Companies. The Secretary of the Treasury, in cooperation with the Department of State, the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Agriculture, the Attorney General, and the Director of Central Intelligence, shall complete and furnish a report to the President and then to Congress in accordance with the requirements of section 721(k) of the Act concerning foreign efforts to acquire United States companies involved in research, development, or production of critical technologies and industrial espionage activities directed by foreign governments against private U.S. companies.
Sec. 802. Defense Industrial Base Information System. (a) The Secretary of Defense and the heads of other appropriate Federal departments and agencies, as determined by the Secretary of Defense, shall establish an information system on the domestic defense industrial base in accordance with the requirements of section 722 of the Act.
(b) In establishing the information system required by subsection (a) of this order, the Secretary of Defense, the Secretary of Commerce, and the heads of other appropriate Federal departments and agencies, as determined by the Secretary of Defense in consultation with the Secretary of Commerce, shall consult with each other for the purposes of performing the duties listed in section 722(d)(1) of the Act.
(c) The Secretary of Defense shall convene a task force consisting of the Secretary of Commerce and the Secretary of each military department and the heads of other appropriate Federal departments and agencies, as determined by the Secretary of Defense in consultation with the Secretary of Commerce, to carry out the duties under section 722(d)(2) of the Act.
(d) The Secretary of Defense shall report to Congress on a strategic plan for developing a cost- effective, comprehensive information system capable of identifying on a timely, ongoing basis vulnerability in critical components and critical technology items. The plans shall include an assessment of the performance and cost-effectiveness of procedures specified in section 722(b) of the Act.
(e) The Secretary of Commerce, acting through the Bureau of the Census, shall consult with the Secretary of Defense and the Director, FEMA, to improve the usefulness of information derived from the Census of Manufacturers in carrying out section 722 of the Act. 10
(f) The Secretary of Defense shall perform an analysis of the production base for not more than two major weapons systems of each military department in establishing the information system under section 722 of the Act. Each analysis shall identify the critical components of each system.
(g) The Secretary of Defense, in consultation with the Secretary of Commerce, and the heads of other Federal departments and agencies as appropriate, shall issue a biennial report on critical components and technology in accordance with section 722(e) of the Act.
PART IX - GENERAL PROVISIONS
Sec. 901. Definitions. In addition to the definitions in section 702 of the Act, 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, without limitation, related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities. However, “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. As applied herein, “civil transportation” shall include direction, control, and coordination of civil transportation capacity regardless of ownership.
(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), and 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 all starches, sugars, vegetable and animal or marine fats and oils, cotton, tobacco, wool, mohair, hemp, flax fiber, and naval stores, 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 11 cold storage) of food resources, livestock and poultry feed and seed, 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 Federal department or agency engaged in procurement for the national defense” means the heads of the Departments of Defense, Energy, and Commerce, as well as those departments and agencies listed in Executive Order No. 10789.
(i) “Heads of other appropriate Federal departments and agencies” as used in part VIII of this order means the heads of such other Federal agencies and departments that acquire information or need information with respect to making any determination to exercise any authority under the Act.
(j) “Health resources” means materials, facilities, health supplies, and equipment (including pharmaceutical, blood collecting and dispensing supplies, biological, surgical textiles, and emergency surgical instruments and supplies) required to prevent the impairment of, improve, or restore the physical and mental health conditions of the population.
(k) “Metals and minerals” means all raw materials of mineral origin (excluding energy) includingg their refining, smelting, or processing, but excluding their fabrication.
(l) “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 security 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.
(m) “Water resources” means all usable water, from all sources, within the jurisdiction of the United States, which can be managed, controlled, and allocated to meet emergency requirements.
Sec. 902. General. (a) Except as otherwise provided in subsection 902(c) of this order, the authorities vested in the President by title VII of the Act may be exercised and performed by the head of each department and agency in carrying out the delegated authorities under the Act and this order.
(b) The authorities which may be exercised and performed pursuant to subsection 902(a) of this order shall include (1) the power to redelegate authorities, and to authorize the successive redelegation of authorities, to departments and agencies, officers, and employees of the government, and (2) the power of subpoena with respect to authorities delegated in parts II, III, and IV of this order, provided that the subpoena power 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 subsection 902(a) of this order or by such other person or persons as the officer shall designate.
(c) Excluded from the authorities delegated by subsection 902(a) of this order are authorities delegated by parts V, VI, and VIII of this order and the authority with respect to fixing compensation under section 703(a) of the Act.
Sec. 903. Authority. All 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.
Sec. 904. Effect on other Orders. (a) The following are superseded or revoked:
(1) Section 3, Executive Order No. 8248 of September 8, 1939, (4 FR 3864).
(2) Executive Order No. 10222 of March 8, 1951 (16 FR 2247).
(3) Executive Order No. 10480 of August 14, 1953 (18 FR 4939).
(4) Executive Order No. 10647 of November 28, 1955 (20 FR 8769).
(5) Executive Order No. 11179 of September 22, 1964 (29 FR 13239).
(6) Executive Order No. 11355 of May 26, 1967 (32 FR 7803).
(7) Sections 7 and 8, Executive Order No. 11912 of April 13,1976 (41 FR 15825, 15826-27).
(8) Section 3, Executive Order No. 12148 of July 20, 1979 (44 FR 43239, 43241).
(9) Executive Order No. 12521 of June 24, 1985 (50 FR 26335).
(10) Executive Order No. 12649 of August 11, 1988 (53 FR 30639).
(11) Executive Order No. 12773 of September 26, 1991 (56 FR 49387), except that part of the order that amends section 604 of Executive Order 10480.
(b) Executive Order No. 10789 of November 14, 1958, is amended by deleting “and in view of the existing national emergency declared by Proclamation No. 2914 of December 16, 1950,” as it appears in the first sentence.
(c) Executive Order No. 11790, as amended, relating to the Federal Energy Administration Act of 1974, is amended by deleting “Executive Order No. 10480” where it appears in section 4 and substituting this order’s number. 13
(d) Subject to subsection 904(c) of this order, to the extent that any provision of any prior Executive order is inconsistent with the provisions of this order, this order shall control and such prior provision is amended accordingly. Sec. 905. Judicial Review. This order is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
WILLIAM J. CLINTON
THE WHITE HOUSE,
June 3, 1994.