Executive Order 12919 (National Defense Industrial Resources Preparedness) is the Godzilla of Executive Orders. In times of "national emergency" it allows the executive branch to seize complete control and ignore Congress.
Besides giving the executive branch the power of life and death over most of the population, it explicitly makes the federal budget the executive's personal plaything for giving money directly to favored contractors, and it allows the government to be run directly by consultants.
In practice, it puts all power into the hands of the National Security Council (Fourth Branch himself!) and the National Security adviser Stephen Hadley. Cabinet officers control all infrastructure and resources while consultants and appointees that will run the country. And it gives control of much of the banking system to the Export-Import Bank under James Lambright (who?).
The question is, how many of these steps have already been implemented? Junior refers to our current "emergency" in his signing statements, but few people realize the legal power of a declaration of "emergency."
So let's make the jump and see what's there. They say the devil's in the detail, and man is that ever true in this case!
The Executive Order seems to give limitless power to the executive branch. It builds on the "Defense Production Act of 1950" (DPA or DPAS) of 1950. The DPA of 1950 probably assumed that a tiny handful of people would need to pick up the pieces after the Ruskies dropped an A-bomb on Congress, and maybe one or two members of the cabinet would be available to run the country under martial law. The federal government is planning for similar scenario today.
The DPAS and 12919 have been amended annually but they never publish the revised version. Although it gives the executive God-like powers, it is virtually impossible to figure out when the executive is allowed to invoke these powers. But we know that 43's administration always interprets ambiguity "do whatever you want."
Executive Order 12656 mandated that federal agencies prepare plans for "continuity of government" in case of emergency. But Executive Order 12919 replaces 12656, and it provides funding and authority for an outright privatization of the executive branch.
Much of the DPA and 12919 says to ignore The Code of Federal Regulations (CFR), which controls federal contracts and purchasing, adding up to trillions of dollars. 12919 makes many references to the "CFR Title 15-Commerce and Foreign Trade," but many parts of the emergency regulations appear to be secret and are marked "reserved."
http://www.access.gpo.gov/...
http://ecfr.gpoaccess.gov/...
If you Google "15 cfr 301," you’ll get 456 hits and many links to the regulations. Section 302 defines many key powers, but if you Google "15 cfr 302," you’ll get ZERO hits. Same for section section "15 cfr 722" which are the "interpretations," for implementing the executive order. If you know anything about these characters they love their interpretations of the law.
The government can bring in consultants and train them to take over any federal agency:
Sec 601 (a)...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.
This startling privatization of the executive branch was not in earlier orders describing the "continuity of government" such as Executive Order 12656.
And this training can occur anywhere in the government:
Sec 601 (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.
They only need permission to activate these shadow agencies under an emergency (whatever an "emergency" is):
(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.
Agency heads can employ consultants. They don't have to be on the payrole, so it's hard to say if they are already there:
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 government can install its equipment in companies. That would come in handy if they wanted to install equipment to intercept phone calls in AT&T switching centers.
Sec. 307. Government-owned Equipment. An agency headis
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.
The agencies can circumvent the entire federal procurement process:
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,
These powers also extend to all commercial and private property as well.
The Secretary of Energy has control of every aspect of fuel and energy, including nuclear, firewood, and stockpiles of coal:
The Secretary of Energy with respect to all forms of energy;
HHS control hospitals, vaccines, and even first aid supplies:
The Secretary of Health and Human Services with respect to health resources;
If you want to ride your bike to the store, you may need permission from the government:
The Secretary of Transportation with respect to all forms of civil transportation......"Civil transportation" includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States.
You weren't going to drink that bottle of Evian were you? because it belongs to the Secretary of Defense now!
The Secretary of Defense with respect to 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
The Export-Import Bank get vast powers:
President and Chairman of the Export-Import Bank of the United States.... are authorized to guarantee in whole or in part any public or private financing institution
Federal agencies can simply dole out money:
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
And subsidize suppliers:
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
And we can drill in those wildlife preserves!
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.
Worried about the draft? Well don't be. Those "prison camps" around the country are often at old military bases like Indian Town Gap, and they are all ready to process hundreds of thousands of conscripts that the government simply sweeps up.
(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
Now that’s pretty bizarre. Various federal agencies and the head of FEMA (and now I guess DHS) can plan the induction of just about anybody (and give deferments to the Young Republicans) We talk about starting "the draft," but really there is no reason that the president can’t just go on television and say "OK, as of tomorrow, everyone born in August 1988 is in the US Armed services. We have your names, just report to your local armory tomorrow by noon. Don’t worry about bringing a toothbrush, we’ll take care of you. Heh-heh."
Learn More About It
If you want to see more of the executive orders where the President after president have concentrated power in the Executive branch, they can be read here. But this archive only goes up to 1989!
http://www.archives.gov/...
You can read executive order 12919 here
http://www.fas.org/...
A lot of the regulations are in the Defense Priorities and Allocations System ("DPAS") which has been edited every year. But you see a fragmentary version of the Defense Production Act of 1950 here
http://www.access.gpo.gov/...
Stephen J. Hadley was sworn in as Assistant to the President for National Security Affairs (commonly referred to as the National Security Advisor)
http://www.whitehouse.gov/...
National Security Council
http://www.whitehouse.gov/...