QUESTION: What Does It Mean When A Presidential E.O. Declares A National Emergency?

Warning: Long E.O. Post ...

Okay, again I debated with myself, because Id just prefer to focus on creating community, BUT I also get curious at trying to figure out WHY the government Y2K P.R. spin and WHY are they doing the Urban Warrior exercies in small towns?

In the interests of trying to determine just what else we are Y2K preparing for ...

... Okay, for some of you this will sound really naive, but what does it REALLY mean for a President to declare a national emergency?

What powers does the act of declaration, by Executive Order (E.O.), either grant or potentially suspend? How is it DIFFERENT in a national emergency, as opposed to a time of declared war? How long does it last and who gets powers for what?

Some of the E.O.s declaring a national emergency on terrorism actually make sense to me. But what ELSE does it mean? Anything? Or nothing?

Inquiring minds ... ?

Honestly, rather than opinions, Id like more fact based responses, guys n gals.

Thanks,

Diane

* * ' * * ' * * ' * * ' * * ' * * ' * * '

To continue ...

Over on the White House web-site you can search for Executive Orders at:

http://www.pub.whitehouse.gov/search/executive-orders.html

So, I did. And located several using different key words and looking for references to other E.O.s within a document.

* * ' * * ' * * ' * * ' * * ' * * ' * * '

THE WHITE HOUSE

Office of the Press Secretary

June 30, 1994 -- EXECUTIVE ORDER 12923 -- CONTINUATION OF EXPORT CONTROL REGULATIONS

http://www.pub.whitehouse.gov/uri-res/I2R?urn:pdi://oma.eop.gov.us/1994/7/1/3.text.2

By the authority vested in me as President by the Constitution and the laws of the United States of America, including but not limited to section 203 of the International Emergency Economic Powers Act ("Act") (50 U.S.C. 1702), I, WILLIAM J. CLINTON, President of the United States of America, find that the unrestricted access of foreign parties to U.S. goods, technology, and technical data and the existence of certain boycott practices of foreign nations, in light of the expiration of the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.), constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States and hereby declare a national emergency with respect to that threat.

[NOTE: ... hereby declare a national emergency with respect to that threat.]

[snip -- you can read the rest at the hotlink.]

* * ' * * ' * * ' * * ' * * ' * * ' * * '

Next ...

THE WHITE HOUSE

Office of the Press Secretary

January 24, 1995 -- EXECUTIVE ORDER 12947 -- PROHIBITING TRANSACTIONS WITH TERRORISTS WHO THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS

http://www.pub.whitehouse.gov/uri-res/I2R?urn:pdi://oma.eop.gov.us/1995/1/24/8.text.2

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America, find that grave acts of violence committed by foreign terrorists that disrupt the Middle East peace process constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and hereby declare a national emergency to deal with that threat.

I hereby order:

[snip]

Sec. 4. ...

(b) Any investigation emanating from a possible violation of this order, or of any license, order, or regulation issued pursuant to this order, shall first be coordinated with the Federal Bureau of Investigation (FBI), and any matter involving evidence of a criminal violation shall be referred to the FBI for further investigation. The FBI shall timely notify the Department of the Treasury of any action it takes on such referrals.

Sec. 5. Nothing contained in this order shall create any right or benefit, substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

Sec. 6. (a) This order is effective at 12:01 a.m., eastern standard time on January 24, 1995.

(b) This order shall be transmitted to the Congress and published in the Federal Register.

WILLIAM J. CLINTON

THE WHITE HOUSE,
January 23, 1995.

* * ' * * ' * * ' * * ' * * ' * * ' * * '

And ...

THE WHITE HOUSE

Office of the Press Secretary

November 14, 1994 -- EXECUTIVE ORDER 12938 -- PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

http://www.pub.whitehouse.gov/uri-res/I2R?urn:pdi://oma.eop.gov.us/1994/11/14/5.text.2

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), the Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.), Executive Orders Nos. 12851 and 12924, and section 301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America, find that the proliferation of nuclear, biological, and chemical weapons ("weapons of mass destruction") and of the means of delivering such weapons, constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and hereby declare a national emergency to deal with that threat.

[NOTE AGAIN: ... and hereby declare a national emergency to deal with that threat.]

Accordingly, I hereby order:

[snip -- read the document -- mostly about sactions, sale of goods , etc...]

Sec. 10. Revocation of Executive Orders Nos. 12735 and 12930. Executive Order No. 12735 of November 16, 1990, and Executive Order No. 12930 of September 29, 1994, are hereby revoked.

Sec. 11. Effective Date. This order is effective immediately.

This order shall be transmitted to the Congress and published in the Federal Register.

WILLIAM J. CLINTON

THE WHITE HOUSE,
November 14, 1994.

* * ' * * ' * * ' * * ' * * ' * * ' * * '

Next ...

THE WHITE HOUSE

Office of the Press Secretary

July 28, 1998 -- EXECUTIVE ORDER 13094 -- PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

http://www.pub.whitehouse.gov/uri-res/I2R?urn:pdi://oma.eop.gov.us/1998/7/29/4.text.2

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), the Arms Export Control Act (22 U.S.C. 2751 et seq.) (AECA), and section 301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America, in order to take additional steps with respect to the proliferation of weapons of mass destruction and means of delivering them and the national emergency described and declared in Executive Order 12938 of November 14, 1994, hereby order:

Section 1. Amendment of Executive Order 12938. ...

[NOTE: This indicates s a national emergency is already pre-existing.]

[snip]

Sec. 4. Effective Date.

(a) This order is effective at 12:01 a.m. eastern daylight time on July 29, 1998.

(b) This order shall be transmitted to the Congress and published in the Federal Register.

WILLIAM J. CLINTON

THE WHITE HOUSE,
July 28, 1998.

* * ' * * ' * * ' * * ' * * ' * * ' * * '

[NOTE: This is the E.O. that gives FEMA the power to ... to control the general distribution of any material (including applicable services) in the civilian market... in a national emergency. It doesnt declare a national emergency, just assigns powers.]

THE WHITE HOUSE

Office of the Press Secretary

June 6, 1994 -- EXECUTIVE ORDER 12919 -- NATIONAL DEFENSE INDUSTRIAL RESOURCES PREPAREDNESS

http://www.pub.whitehouse.gov/uri-res/I2R?urn:pdi://oma.eop.gov.us/1994/6/7/3.text.2

... 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:

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. ...

[snip]

Sec. 103. General Functions. ...

[snip]

(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; ...

[snip]

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

[TAKE NOTE: WATER? Water ... Assigned to the Secretary of Defense????]

(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.

[TAKE NOTE: ... finding shall be submitted for the President's 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).

[NOTE: Does this mean the government can take over energy supplies that are scarce?]

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.

[snip -- you can read about the money side of paying for everything]

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.

[NOTE: ... 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.

[NOTE: Except during periods of national emergency. Arent we in one according to prior E.O.s?]

Sec. 310. Critical Items List. ...

(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. ...

[snip]

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. ...

[snip]

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 ...

[snip]

... and copies and the status of the use of such delegations shall be furnished to the Director, FEMA.

[snip]

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. ...

[snip]

(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.

[NOTE: Is this what could be used to support the idea of civilian draft?]

(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.

[NOTE: FEMA coordinates the National Defense Executive Reserve ("NDER").]

[snip]

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.

[NOTE: Free, uncompensated labor?]

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; ...

[snip]

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. ...

[snip]

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.

[NOTE: Hemp ???? Thought they preferred to make it illegal.]

(f) "Food resource facilities" means plants, machinery, vehicles (including on-farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, 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) including 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.

[WORTH NOTING AGAIN: "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 ...]

(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.

[snip]

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:

[NOTE: Without studying each of these suspended and revoked E.O.s, we have no idea what has been suspended or revoked by this E.O. # 12919]

(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.

(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.

[NOTE: Huh???]

WILLIAM J. CLINTON

THE WHITE HOUSE,
June 3, 1994.

* * ' * * ' * * ' * * ' * * ' * * ' * * '

See also ...

ADDITIONAL KEY BACKGROUND E.O.S (Identified so far)...

THE WHITE HOUSE

Office of the Press Secretary

July 15, 1996 -- EXECUTIVE ORDER 13010 -- CRITICAL INFRASTRUCTURE PROTECTION

http://www.pub.whitehouse.gov/uri-res/I2R?urn:pdi://oma.eop.gov.us/1996/7/15/1.text.2

... Certain national infrastructures are so vital that their incapacity or destruction would have a debilitating impact on the defense or economic security of the United States. These critical infrastructures include telecommunications, electrical power systems, gas and oil storage and transportation, banking and finance, transportation, water supply systems, emergency services (including medical, police, fire, and rescue), and continuity of government. Threats to these critical infrastructures fall into two categories: physical threats to tangible property ("physical threats"), and threats of electronic, radio-frequency, or computer-based attacks on the information or communications components that control critical infrastructures ("cyber threats"). Because many of these critical infrastructures are owned and operated by the private sector, it is essential that the government and private sector work together to develop a strategy for protecting them and assuring their continued operation.

NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Establishment. There is hereby established the President's Commission on Critical Infrastructure Protection ("Commission").

(a) Chair. A qualified individual from outside the Federal Government shall be appointed by the President to serve as Chair of the Commission. The Commission Chair shall be employed on a full-time basis.

(b) Members. The head of each of the following executive branch departments and agencies shall nominate not more than two full-time members of the Commission:

(i) Department of the Treasury;

(ii) Department of Justice;

(iii) Department of Defense;

(iv) Department of Commerce;

(v) Department of Transportation;

(vi) Department of Energy;

(vii) Central Intelligence Agency;

(viii) Federal Emergency Management Agency;

(ix) Federal Bureau of Investigation;

(x) National Security Agency.

One of the nominees of each agency may be an individual from outside the Federal Government who shall be employed by the agency on a full-time basis. Each nominee must be approved by the Steering Committee.

Sec. 2. The Principals Committee. The Commission shall report to the President through a Principals Committee ("Principals Committee"), which shall review any reports or recommendations before submission to the President. The Principals Committee shall comprise the:

(i) Secretary of the Treasury;

(ii) Secretary of Defense;

(iii) Attorney General;

(iv) Secretary of Commerce;

(v) Secretary of Transportation;

(vi) Secretary of Energy;

(vii) Director of Central Intelligence;

(viii) Director of the Office of Management and Budget;

(ix) Director of the Federal Emergency Management Agency;

(x) Assistant to the President for National Security Affairs;

(xi) Assistant to the Vice President for National Security Affairs.

[snip] Sec. 6. Administration. ...

(f) The Commission, the Principals Committee, the Steering Committee, and the Advisory Committee shall terminate 1 year from the date of this order, unless extended by the President prior to that date.

Sec. 7. Interim Coordinating Mission. (a) While the Commission is conducting its analysis and until the President has an opportunity to consider and act on its recommendations, there is a need to increase coordination of existing infrastructure protection efforts in order to better address, and prevent, crises that would have a debilitating regional or national impact. There is hereby established an Infrastructure Protection Task Force ("IPTF") within the Department of Justice, chaired by the Federal Bureau of Investigation, to undertake this interim coordinating mission.

(b) The IPTF will not supplant any existing programs or organizations.

(c) The Steering Committee shall oversee the work of the IPTF.

(d) The IPTF shall include at least one full-time member each from the Federal Bureau of Investigation, the Department of Defense, and the National Security Agency. It shall also receive part-time assistance from other executive branch departments and agencies. Members shall be designated by their departments or agencies on the basis of their expertise in the protection of critical infrastructures. IPTF members' compensation shall be paid by their parent agency or department.

(e) The IPTF's function is to identify and coordinate existing expertise, inside and outside of the Federal Government, to:

(i) provide, or facilitate and coordinate the provision of, expert guidance to critical infrastructures to detect, prevent, halt, or confine an attack and to recover and restore service;

(ii) issue threat and warning notices in the event advance information is obtained about a threat;

(iii) provide training and education on methods of reducing vulnerabilities and responding to attacks on critical infrastructures;

(iv) conduct after-action analysis to determine possible future threats, targets, or methods of attack; and

(v) coordinate with the pertinent law enforcement authorities during or after an attack to facilitate any resulting criminal investigation.

(f) All executive departments and agencies shall cooperate with the IPTF and provide such assistance, information, and advice as the IPTF may request, to the extent permitted by law.

(g) All executive departments and agencies shall share with the IPTF information about threats and warning of attacks, and about actual attacks on critical infrastructures, to the extent permitted by law.

(h) The IPTF shall terminate no later than 180 days after the termination of the Commission, unless extended by the President prior to that date.

[NOTE: Dont quite know if this HAS been extended.]

Sec. 8. General. (a) This order is not intended to change any existing statutes or Executive orders.

(b) This order is not intended to create any right, benefit, trust, or responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any person.

WILLIAM J. CLINTON

THE WHITE HOUSE,
July 15, 1996.

* * ' * * ' * * ' * * ' * * ' * * ' * * '

And ...

There is also a Y2K E.O., which also established the President's Council on Year 2000 Conversion: ...

THE WHITE HOUSE

Office of the Press Secretary

February 4, 1998 -- EXECUTIVE ORDER 13073 -- YEAR 2000 CONVERSION

http://www.pub.whitehouse.gov/uri-res/I2R?urn:pdi://oma.eop.gov.us/1998/2/4/12.text.2

The American people expect reliable service from their Government and deserve the confidence that critical government functions dependent on electronic systems will be performed accurately and in a timely manner. Because of a design feature in many electronic systems, a large number of activities in the public and private sectors could be at risk beginning in the year 2000. Some computer systems and other electronic devices will misinterpret the year "00" as 1900, rather than 2000. Unless appropriate action is taken, this flaw, known as the "Y2K problem," can cause systems that support those functions to compute erroneously or simply not run. Minimizing the Y2K problem will require a major technological and managerial effort, and it is critical that the United States Government do its part in addressing this challenge.

Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. (a) It shall be the policy of the executive branch that agencies shall:

(1) assure that no critical Federal program experiences disruption because of the Y2K problem;

(2) assist and cooperate with State, local, and tribal governments to address the Y2K problem where those governments depend on Federal information or information technology or the Federal Government is dependent on those governments to perform critical missions;

(3) cooperate with the private sector operators of critical national and local systems, including the banking and financial system, the telecommunications system, the public health system, the transportation system, and the electric power generation system, in addressing the Y2K problem; and

(4) communicate with their foreign counterparts to raise awareness of and generate cooperative international arrangements to address the Y2K problem.

(b) As used in this order, "agency" and "agencies" refer to Federal agencies that are not in the judicial or legislative branches.

[snip]

Sec. 4. Responsibilities of Interagency and Executive Office Councils. Interagency councils and councils within the Executive Office of the President, including the President's Management Council, the Chief Information Officers Council, the Chief Financial Officers Council, the President's Council on Integrity and Efficiency, the Executive Council on Integrity and Efficiency, the National Science and Technology Council, the National Performance Review, the National Economic Council, the Domestic Policy Council, and the National Security Council shall provide assistance and support to the Chair upon the Chair's request.

Sec. 5. Judicial Review. This Executive order is intended only to improve the internal management of the executive branch 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.

WILLIAM J. CLINTON

THE WHITE HOUSE,
February 4, 1998.

* * ' * * ' * * ' * * ' * * ' * * ' * * '

To ask the question again ...

What does it REALLY mean for a President to declare a national emergency? What powers does the act of declaration, by Executive Order, either grant or potentially suspend? How is it DIFFERENT in a national emergency, as opposed to a time of declared war?

Diane

-- Diane J. Squire (sacredspaces@yahoo.com), February 21, 1999

Answers

GOOD questions. Looks increasingly likely we'll get to know the answers first-hand, not too many months away. What does it mean in theory, and how far will practice vary from intention? Oh, Diane, you want facts. How many times has a national emergency been declared? Historians.

xxxxxxx xxxxxxx xxxx

-- Leska (allaha@earthlink.net), February 21, 1999.

"... to U.S. goods, technology, and technical data...hereby declare a national emergency with respect to that threat."

So then , we've been in a state of emergency concerning cyber-terrorism since 1994. He can do what he wants if he conjures up cyber-terrorism. The military trainings in Kingsville etc. Could be a handy cover-up for y2K induced unrest/riots.

(First thing that jump at me, haven't finished reading your post yet.)

-- Chris (catsy@pond.com), February 21, 1999.

"(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.

[NOTE: Is this what could be used to support the idea of civilian draft?]"-- Diane

I see this above, and also these paragraph earlier on;

"(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; ..."

-- Chris (catsy@pond.com), February 21, 1999.

I would keep an eye on EO 12938.

Ray

-- Ray (ray@totacc.com), February 21, 1999.

In a nutshell,

There would be no election in 2000, he would remain in office, martial law, and he could do just about anything he wanted. Just need a tiny tiny reason...like cyberterrorism....solar flares....y2k.....just take your pick. Not good, not good!

-- Moore Dinty moore (not@thistime.com), February 21, 1999.

KoSkin'Em's already said "reallocation of resources" and make sure appropriate civilian technical personnel can be transported to problem areas. Fully expect all this to be put in place BEFORE 1/1/2000 since afterwards it's harder with all the malfunctioning equipment. Martial law & strict controls already figured into our plans, already mentally adjusting. So many clues + puzzle pieces, the jigsaw's been forming a pretty distinct picture. Just the background details don't have all the pieces yet. Check Y2K News frequently, the jigs are popping up.

Y2K News

Reading thru the proliferation of articles becomes more mind-blowing every day. Very surprised more of these are not posted & discussed here. There's some DO-NOT-MISS info in these pages, folks! Be sure to click on New Archives in the red box on left.

Businesses, govts, mils buying time with all the mainstream disinformation. We're blessed with the Net and brains: use before we can't! Oh, yech, another puke-snook job up on MSNBC headlines now:

Are Y2K Problems Overblown?

xxxxxxxx xxxxxxxx xxxxxxxx xxxxxxxx xxxxxxxx xxxxxxx

-- Leska (allaha@earthlink.net), February 21, 1999.

"(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.

[NOTE: Huh???]"

I take the above to mean that these orders supersede any other orders by any other presidents if they are clashing with Clinton's orders.

Sec. 905 is confusing. It could mean that anyone disagreeing with the president's orders has no rights to use these orders in their favor. As in the military perhaps? Any lawyers out there?

-- Chris (catsy@pond.com), February 21, 1999.

It would seem there are "National Emergencies" and then there are "NATIONAL EMERGENCIES". Probably phrasing the declaration as a "General State of National Emergency" or some legal angle of the sort. In the first EO you cited, the key words "with respect to that threat", if used in a Y2K EO would give broad authority for many conceivable actions taken in the name of Y2K recovery.

Probably the best info on the differences would be the EOs intended to deal with nuclear attack and post-attack recovery. I don't have any clue as to which ones they are, but I have seen refernces to the "nuclear war EOs". Essentially there are a group of orders which do the dirty work and one unsigned order which, when signed puts the others into effect.

I'm lead to believe the "unsigned EO" is the one which has the wording for a general declaration of a national emergency. It has the authority for placing the country under martial law with FEMA becoming the new government. Maybe you can dig out this one to see if it's got the kind of wording that would apply to Y2K.

One of the EOs you cite, EO 12919 looked awful familiar. Towards the end of that order I finally realized why. It was a pre-WWII EO that was put into place as Roosevelt moved the country to prepare for war with the Axis powers.

I do wonder if something similar hasn't been occurring for a few years now, especially after reading the 1994 order. Except Clinton "wasn't aware of Y2K" until 1995/1996, when Moynihan and Westegarrd briefed both he and Gore. Or was Clinton really Y2K aware before then?

WW

-- Wildweasel (vtmldm@epix.net), February 21, 1999.

Diane,

Over the years, Congress has passed acts granting the Presidency a number of powers to be exercised "during national emergency".

When a President declares a "national emergency", he is declaring that a situation exists in which he will invoke some of those powers.

This is not some amorphous situation, as some may think. The phrase "national emergency" has a specific legal meaning. It refers to a specific set of powers (I'm not saying this set can be summarized in 25 words or less!!!) denoted in acts of Congress with "during national emergency", "in national emergency", or similar phrases.

>What powers does the act of declaration, by Executive Order (E.O.), either grant or potentially suspend?

That depends on the details of the particular acts of Congress being invoked by the President for that particular national emergency.

>How is it DIFFERENT in a national emergency, as opposed to a time of declared war?

Congress declares war; the President declares national emergency. A national emergency does not imply that there is another country that is our enemy. National emergencies are related to situations, not necessarily to military action.

>How long does it last

Until the (same or later) President declares the national emergency to be ended. There may be time limits specified in some of the acts of Congress granting emergency powers.

>and who gets powers

The Presidency.

>for what?

As before, that depends on the details of the particular acts of Congress being invoked by the President for that particular national emergency.

-- No Spam Please (anon@ymous.com), February 21, 1999.

You can spend the rest of your life studying executive orders. But in general they become law upon being published in the Federal Register. Depending upon which orders are invoked, all constitutional rights and privileges can be removed. The government can do anything it pleases to anyone it chooses, and there is no remedy under law. The force of government becomes the operative instrument. I expect that William Jefferson Clinton will be around as President after his second term has expired. No one will oppose him.

There are tons of material already written on these orders, and a web search on "executive orders" will yield far more that what we can all read and write here.

-- dave (wootendave@hotmail.com), February 21, 1999.

BTW, I've seen some commentators on the subjects of Executive Orders and emergency powers apparently confuse the two a bit. The "E" in "EO" does not mean "emergency".

An Executive Order is a particular category of Presidential order which is intended to carry over to future Presidential terms until amended or revoked.

Because national emergencies would not be time-limited to one particular individual's occupancy of the office of the Presidency (which could end prior to four years after inauquration, for various reasons), AFAIK all Presidential declarations of national emergency are made via EO.

-- No Spam Please (anon@ymous.com), February 21, 1999.

Dave,

>Depending upon which orders are invoked, all constitutional rights and privileges can be removed.

Some Clinton-attackers have spread that myth, but it is simply not true.

An EO is an order by the President. It is not a constitutional amendment. An EO has no authority except what is granted to the Presidency by the Constitution.

The topic of suspension of any constitutional right in time of war or national emergency is totally separate from the topic of Executive Orders.

EOs are not magic.

>The government can do anything it pleases to anyone it chooses, and there is no remedy under law. The force of government becomes the operative instrument.

These assertions are unrelated to the topic of Executive Orders.

>I expect that William Jefferson Clinton will be around as President after his second term has expired. No one will oppose him.

The First Amendment guarantees the right of folks to write this sort of statement; it does not require them to restrict themselves to statements which have a valid factual basis.

-- No Spam Please (anon@ymous.com), February 21, 1999.

"hemp" is a fiberous plant from which they make rope.....not dope! LOL

-- Taz (Tassie@AOL.com), February 21, 1999.

Taz,

I'm aware that Hemp is fiberous plant from the same genius (?) as the Marajuana plant family. The government types still give hemp growers a very bad time. I was quite surprised to see a reference to it in a Presidential E.O., that's all.

Thanks for the responses, everyone. I'll do some more research on the declaration of a national emergency.

I still am unsure as to what it REALLY means, as used in this context.

Such as, can the military's Delta Force decide to hold "an exercise" in a sleepy Texas town without the whole city agreeing, BECAUSE, they are granted "national emergency" powers, right now, that allow them to bypass "normal" laws?

Diane

-- Diane J. Squire (sacredspaces@yahoo.com), February 21, 1999.

One of two answers...President Clinton sees a problem on the horizon and is taking preemptive action in order to begin to secure our national borders.

or...President Clinton is working for them!

I prefer to think/hope that with the info available to him the President is working for the People of the USA. However putting an intelligence profile together is not an easy job. If I posted all my info them Scripture Cops would come down on me and negate my post with fire/flame. Interesting thing.

Bottom line to it all is that WE WIN! And we will be FREE!

"God Bless America again...you must know the trouble that she's in..."

-- Mark Hillyard (foster@inreach.com), February 21, 1999.

Simple:

People get into government for power
Those in government connive to obtain more power
Means include instigating (Civil War, WWI, WWII, Depression) and taking advantage of events (Y2K).
Depends on sheeple clamoring for government to save/protect them.
Those in government only too glad to "help"
Government "help" creates more problems, for which those in government are only too happy to offer more "help"
If your are "your brother's keeper" you are your brother's master.

Simple -- don't need a whole frickin book or endless analysis.

-- a (A@AisA.com), February 22, 1999.

Hi, my name is ga and i am powerless over my government.

-- ga (ga@powerless.net), February 23, 1999.

Found it interesting to see off the SGAUS State Guard Association of the United States web-site a link to A white paper archive explanation of a Presidential E.O.:

Presidential Decision Directive #63 "Critical Infrastructure Protection"

http://www.worldnetdaily.com/govdocs/ 980716.govdoc.pdd63.html

Posted in a thread ... The Governments Critical Infrastructure Protection Plans -- Presidential White Paper (Think Y2K -- Link From State Guard Association)

http://www.greenspun.com/bboard/q-and-a-fetch-msg.tcl?msg_id= 000X6G

See also ...

Links to Other Sites of Interest (found here)

http://www.sgaus.org/ links.htm

Just explore the SAGUS site ...

Web-site: State Guard Association of the United States, Inc. - national association for the organized state militia, state military forces under the command of the Governor and assigned to the state's Adjutant General or Military Department.

http://www.sgaus.org/

Couple more interesting links off their site ...

The SGAUS Journal -- Some Sample Cover Stories From Various Issues:

The Minuteman Y2K The Dialogue Begins: Finding Our Way into the 21st Century

http://www.sgaus.org/ min_man.htm

Editorial: Public Apathy May Hinder Y2K Preparedness

http://www.sgaus.org/ apathy.htm

Aid to Civil Authority

http://www.sgaus.org/ aid_civl.htm

Emergency Management Training

http://www.sgaus.org/ per_emt.htm

Sorry, ga but when you feel powerless, you are. When you dont, you arent.

Try being empowered ... Y2K realizations are helping lots of people become more aware.

Diane

-- Diane J. Squire (sacredspaces@yahoo.com), February 23, 1999.

Diane,

Thank you for the work you have done. I read you snips. It appears that the Fed Govt can draft civilians and take over private resources in the event of national emergency. The concept of the draft is not new. The nationalization or confiscation of private resources is not something I am comfortable with. However, during an actual national emergency, I would hope that our government would have access to the resources it needs to protect and serve its citizens. I think that whether you fear the consequences of the government possessing such powers has much to do with the degree to which you trust those who possess them. Perhaps I am naive. I still have enough confidence in our system and those in power to believe that I have more to fear from terrrorists (foreign and domestic) and criminals than the National Guard and FEMA.

-- kay (y2kay@aol.com), February 23, 1999.