Executive Orders and the Freedoms They Trample

Today I begin a series of posts about Executive Orders, those sneaky little mandates put forward by our presidents, that trample and trod all over our freedoms and liberty. The orders come from presidents of all political stripe and no punches will be pulled. I do not wish to add any conspiracy theory to these posts. However, I will give my own commentary as well as the actual wording of the order from a qualified source. Here we go:

February 16, 1962 was a busy time for John F. Kennedy. He signed eleven executive orders on that day and one on the 14th. These deal with FEMA and the powers conveyed to that agency. Today we look at order number 11000.

ASSIGNING EMERGENCY PREPAREDNESS FUNCTIONS TO THE SECRETARY OF LABOR
SECTION 1. Scope. The Secretary of Labor (hereinafter referred to as the Secretary) shall prepare national emergency plans and develop preparedness programs covering civilian manpower mobilization, more effective utilization of limited manpower resources including specialized personnel, wage and salary stabilization, worker incentives and protection, manpower resources and requirements, skill development and training, research, labor-management relations, and critical occupations. These plans and programs shall be designed to develop a state of readiness in these areas with respect to all conditions of national emergency, including attack upon the United States.

SEC. 2. Functions. The Secretary shall:

(a) Civilian manpower mobilization. Develop plans and issue guidance designed to utilize to the maximum extent civilian manpower resources, such plans and guidance to be developed with the active participation and assistance of the States and local political subdivisions thereof, and of other organizations and agencies concerned with the mobilization of the people of the United States. Such plans shall include, but not necessarily be limited to:

(1) Manpower management. Recruitment, selection and referral, training, employment stabilization (including appeals procedures), proper utilization, and determination of the skill categories critical to meeting the labor requirements of defense and essential civilian activities.

(2) Priorities. Procedures for translating survival and production urgencies into manpower priorities to be used as guides for allocating available workers.

(3) National guidance. Technical guidance to States for the utilization of the nationwide system of public employment offices and other appropriate agencies for screening, recruiting, and referring workers, and for other appropriate activities to meet mobilization and civil defense needs in each community.

(4) Improving mobilization base. Programs for more effective utilization of limited manpower resources, and in cooperation with other appropriate agencies, programs for recruitment, training, allocation, and utilization of persons possessing specialized competence or aptitude in acquiring such competence.

(b) Wage and salary stabilization. Develop plans and procedures for wage and salary stabilization and for the national and field organization necessary for the administration of such a program in an emergency, including investigation, compliance and appeals procedures; statistical studies of wages, salaries and prices for policy decisions and to assist operating stabilization agencies to carry out their functions.

(c) Worker incentives and protection. Develop plans and procedures for wage and salary compensation and death and disability compensation for authorized civil defense workers and, as appropriate, measures for unemployment payments, re-employment rights, and occupational safety, and other protection and incentives for the civilian labor force during an emergency.

(d) Resources. Periodically assess manpower resources in total, by specific skills categories and occupations, and by geographical locations, in order to estimate availability under an emergency situation, analyze resource estimates in relation to estimated requirements in order to identify problem areas, and develop appropriate recommendations and programs. Provide data and assistance before and after attack for national resource evaluation purposes of the Office of Emergency Planning.

(e) Requirements. Develop, in coordination with manpower-usage agencies, plans, procedures and standards for presenting claims for civilian manpower, periodically obtain and analyze or make estimates of requirements for manpower, in total and by specific skill categories and occupations currently and for any emergency, taking into account the estimates of needs for military and civilian purposes; and advise other agencies on the manpower implications of alternative program decisions. Such evaluation shall take into consideration the geographical distribution of requirements under emergency conditions.

(f) Claimancy. Prepare plans to claim materials, equipment, supplies and services needed in support of assigned responsibilities and other essential functions of the Department from appropriate agencies and work with such agencies in developing programs to insure the availability of such resources in an emergency.

(g) Skill development and training. Initiate current action programs to overcome or offset present or anticipated manpower deficiencies including those identified as a result of resources and requirements studies.

(h) Labor-management relations. Develop, after consultation with the Department of Commerce, the Department of Defense, the National Labor Relations Board, the Federal Mediation and Conciliation Service, the National Mediation Board, and other appropriate agencies and groups including representatives of labor and management, plans and procedures including organization plans for the maintenance of effective labor-management relations during a national emergency.

(i) Damage assessment. Maintain a capability to assess the effects of attack upon manpower resources, departmental installations, and State Employment Security agencies, both at national and field levels, and provide data to the Department of Defense.

(j) Critical occupations. Develop and maintain a list of critical occupations for use, when appropriate, with lists of essential activities as developed by the Department of Commerce. With the Secretary of Defense, the Director of Selective Service System, and such other persons as the President may designate, the Secretary shall develop policies applicable to the deferment of registrants whose employment in occupations or activities is necessary to the maintenance of the national health, safety, or interest.

SEC. 3. Research. Within the framework of Federal research objectives, supervise or conduct research directly concerned with carrying out emergency preparedness responsibilities, designate representatives for necessary ad hoc or task force groups, and provide advice and assistance to other agencies in planning for research in areas involving the Departments interest.

SEC. 4. Functional Guidance. The Secretary, in carrying out the functions assigned in this order, shall be guided by the following:

(a) Interagency cooperation. The Secretary shall assume the initiative in developing over-all civilian manpower mobilization programs and in coordinating the programs of other departments and agencies which have responsibility for any segment of such activities. I shall utilize to the maximum those capabilities of other agencies qualified to perform or assist in the performance of assigned functions by contractual or other agreements. Such programs shall be in consonance with national civil defense plans, programs and operations of the Department of Defense under Executive Order No. 10952.

(b) Presidential coordination. The Director of the Office of Emergency Planning shall advise and assist the President in determining policy for, and assist him in coordinating the performance of functions under this order with the total national preparedness program.

(c) Emergency planning. Emergency plans and programs, and emergency organization structure required thereby, shall be developed as an integral part of the continuing activities of the Department of Labor on the basis that it will have the responsibility for carrying out such programs during an emergency. The Secretary shall be prepared to implement all appropriate plans developed under this order. Modifications and temporary organizational changes, based on emergency conditions, will be in accordance with policy determination by the President.

SEC. 5. Emergency Actions. Nothing in this order shall be construed as conferring authority under Title III of the Federal Civil Defense Act of 1950, as amended, or otherwise, to put into effect any emergency plan, procedure, policy, program or course of action prepared or developed pursuant to this order. Such authority is reserved to the President.

SEC. 6. Redelegation. The Secretary is hereby authorized to redelegate within the Department of Labor the functions hereinabove assigned to him.

SEC. 7. Prior Actions. To the extent of any inconsistency between the provisions of any prior order and the provisions of this order, the latter shall control. Emergency Preparedness Order No. 8 (heretofore issued by the Director, Office of Civil and Defense Mobilization) (26 F.R. 660-661), is hereby revoked.

JOHN F. KENNEDY
THE WHITE HOUSE,
February 16


As you can see, this order is fairly well involved and full of legal jargon. This was the Vietnam era and I am sure this will be the argument of the naysayers. However, this order is still in effect. This order allows the Secretary of Labor to seize, move and utilize labor (people) as they see fit for the "defense" of the country. Wage and price controls are brought up as well as necessary skills and jobs. What are those skill and jobs? Will computer programmers be whisked away to an undisclosed location in a time of national emergency? Will wages be frozen in a time of disaster? If this seems far fetched, ask the upper management of some companies that are now under the wage control of the federal government.

As stated earlier, I am not trying to stir conspiracies. I am simply trying to show how the government can snatch our freedom bit by bit until there is little left. More to come on these orders soon.