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The National Defense Resources Preparedness executive order (Executive Order 13603) is an order of the President of the United States, signed by President Barack Obama on March 16, 2012. [1] The purpose of this executive order is to delegate authority and address national defense resource policies and programs under the Defense Production Act of 1950. [2] Executive Order 13603 provides the framework and authority for the allocation or appropriation of resources, materials, and services to promote national defense. [3]
A number of viral emails claimed that the executive order "creates martial law." [4] Similar claims were repeated by Texas congresswoman Kay Granger of Texas in a constituent newsletter; she later retracted her statements. [4] In reality, the order updated long-existing directives that have been issued ever since the Truman administration. Such presidential directives update the resources covered under the Defense Production Act, which was enacted in the 1950s and is reauthorized by Congress every few years. [4] The act "allows presidents to delegate authority to various federal departments and agencies. For example, Obama's order authorizes the secretaries of Defense and the Interior 'to encourage the exploration, development, and mining of strategic and critical materials and other materials.'" [4] The fact-checking website Snopes.com noted:
"Despite claims that the executive order provided the President with unprecedented new powers such as declaring martial law, seizing private property, implementing the rationing of food, gasoline, and drugs, restarting peacetime conscription, and nationalizing American industry, merely by declaring a national emergency, the National Defense Resources Preparedness EO issued by President Obama was simply a minor updating of a similar order issued by President Bill Clinton in 1994 (which itself had decades-old predecessors) and amended several times since." [5]
In particular, this executive order removes the name of the Federal Emergency Management Agency from previous orders, and replaces it with references to branches of the Department of Homeland Security, in order to bring the previous orders up to date with changes in the structure of the Federal Government. [5]
Continuity of Operations (COOP) is a United States federal government initiative, required by U.S. Presidential Policy Directive 40 (PPD-40), to ensure that agencies are able to continue performance of essential functions under a broad range of circumstances. PPD-40 specifies certain requirements for continuity plan development, including the requirement that all federal executive branch departments and agencies develop an integrated, overlapping continuity capability, that supports the eight National Essential Functions described in the document.
The United States secretary of defense (SecDef) is the head of the United States Department of Defense (DoD), the executive department of the U.S. Armed Forces, and is a high-ranking member of the federal cabinet. The secretary of defense's position of command and authority over the military is second only to that of the president of the United States, who is the commander-in-chief. This position corresponds to what is generally known as a defense minister in many other countries. The president appoints the secretary of defense with the advice and consent of the Senate, and is by custom a member of the Cabinet and by law a member of the National Security Council.
The Posse Comitatus Act is a United States federal law signed on June 18, 1878, by President Rutherford B. Hayes that limits the powers of the federal government in the use of federal military personnel to enforce domestic policies within the United States. Congress passed the Act as an amendment to an army appropriation bill following the end of Reconstruction and updated it in 1956, 1981 and 2021.
The Federal Emergency Management Agency (FEMA) is an agency of the United States Department of Homeland Security (DHS), initially created under President Jimmy Carter by Presidential Reorganization Plan No. 3 of 1978 and implemented by two Executive Orders on April 1, 1979. The agency's primary purpose is to coordinate the response to a disaster that has occurred in the United States and that overwhelms the resources of local and state authorities. The governor of the state in which the disaster occurs must declare a state of emergency and formally request from the President that FEMA and the federal government respond to the disaster. The only exception to the state's gubernatorial declaration requirement occurs when an emergency or disaster takes place on federal property or to a federal asset—for example, the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, or the Space Shuttle Columbia in the 2003 return-flight disaster.
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives presidents broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the federal government's executive branch. The ability to make such orders is also based on expressed or implied Acts of Congress that delegate to the president some degree of discretionary power. The vast majority of executive orders are proposed by federal agencies before being issued by the president.
The Office of Foreign Assets Control (OFAC) is a financial intelligence and enforcement agency of the United States Treasury Department. It administers and enforces economic and trade sanctions in support of U.S. national security and foreign policy objectives. Under presidential national emergency powers, OFAC carries out its activities against foreign governments, organizations, and individuals deemed a threat to U.S. national security.
The International Emergency Economic Powers Act (IEEPA), Title II of Pub. L. 95–223, 91 Stat. 1626, enacted October 28, 1977, is a United States federal law authorizing the president to regulate international commerce after declaring a national emergency in response to any unusual and extraordinary threat to the United States which has its source in whole or substantial part outside the United States. The act was signed by President Jimmy Carter on December 28, 1977.
The National Emergencies Act (NEA) is a United States federal law passed to end all previous national emergencies and to formalize the emergency powers of the President.
The Defense Production Act (DPA) of 1950 is a United States federal law enacted on September 8, 1950, in response to the start of the Korean War. It was part of a broad civil defense and war mobilization effort in the context of the Cold War. Its implementing regulations, the Defense Priorities and Allocation System (DPAS), are located at 15 CFR §§700 to 700.93. Since 1950, the Act has been reauthorized over 50 times. It has been periodically amended and remains in force.
The United States federal civil service is the civilian workforce of the United States federal government's departments and agencies. The federal civil service was established in 1871. U.S. state and local government entities often have comparable civil service systems that are modeled on the national system to varying degrees.
Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". It pursues universal access to information as essential foundation of inclusive knowledge societies. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to freedom of information or informed consent.
The United States National Response Framework (NRF) is part of the National Strategy for Homeland Security that presents the guiding principles enabling all levels of domestic response partners to prepare for and provide a unified national response to disasters and emergencies. Building on the existing National Incident Management System (NIMS) as well as Incident Command System (ICS) standardization, the NRF's coordinating structures are always in effect for implementation at any level and at any time for local, state, and national emergency or disaster response.
A presidential memorandum is a type of directive issued by the president of the United States to manage and govern the actions, practices, and policies of the various departments and agencies found under the executive branch of the United States government. It has the force of law and is usually used to delegate tasks, direct specific government agencies to do something, or to start a regulatory process. There are three types of presidential memoranda: presidential determination or presidential finding, memorandum of disapproval, and hortatory memorandum.
Homeland Security Presidential Directive (HSPD)-8, National Preparedness, describes the way United States Federal agencies will prepare for an incident. It requires Department of Homeland Security to coordinate with other Federal agencies and with State, local, and Tribal governments to develop a National Preparedness Goal with Emergency management. Congressional laws enacted, following the wake of 9/11, which resulted in new developments in the way security was assessed and addressed in the United States, to prevent and respond to threatened or actual domestic terrorist attacks, disasters, and other emergencies by requiring a national domestic all-hazards preparedness goal. HSPD 5, HSPD-7, HSPD-8, and HSPD-8 Annex 1 are directives that deal with the preparedness goals.
The Arctic policy of the United States is the foreign policy of the United States in regard to the Arctic region. In addition, the United States' domestic policy toward Alaska is part of its Arctic policy.
Executive Order 11490, titled “Assigning Emergency Preparedness Functions to Federal Departments and Agencies,” was an executive order issued by President Richard Nixon on October 28, 1969. It mandated federal agencies to develop comprehensive plans for maintaining essential functions during national emergencies, including scenarios such as a massive nuclear attack.
Presidential reorganization authority is a term used to refer to a major statutory power that has sometimes been temporarily extended by the United States Congress to the President of the United States. It permits the president to divide, consolidate, abolish, or create agencies of the U.S. federal government by presidential directive, subject to limited legislative oversight. First granted in 1932, presidential reorganization authority has been extended to nine presidents on 16 separate occasions. As of 2024, it was most recently granted to Ronald Reagan.
In the United States, a presidential directive, or executive action, is a written or oral instruction or declaration issued by the president of the United States, which may draw upon the powers vested in the president by the Constitution of the United States, statutory law, or, in certain cases, congressional and judicial acquiescence.
The Office of Trade and Manufacturing Policy (OTMP) was an office established within the White House Office by US President Donald Trump by Presidential Executive Order 13797 on April 29, 2017. During its existence, it was led by Peter Navarro.