Last GOP Debate canceled due to lack of interest

March 19 GOP debate canceled due to lack of candidates

By Nate, on March 16th, 2012

Report from Boston.com:

A scheduled Republican presidential debate in Oregon was cancelled today after the leading candidates declined to participate.

Oregon Public Broadcasting, the Oregon Republican Party, and The Washington Times announced that the March 19 debate in Portland will not take place. Oregon Republican Party Chairman Allen Alley said organizers “did everything we could to accommodate the candidates, including exploring change of dates and venues — but in the end, we could not accommodate all of their schedules.”

Former Massachusetts Governor Mitt Romney’s campaign said on Monday that he would not participate, since Romney planned to be in Illinois in advance of that state’s March 20 primary. As of yesterday, only former House Speaker Newt Gingrich had committed to the debate. Yesterday, a spokeswoman for Oregon Public Broadcasting said organizers were still talking to former Pennsylvania Senator Rick Santorum and Texas Representative Ron Paul. But Santorum has since declined to participate.

This would have been the last scheduled debate of the campaign season.

You can watch all the past debates at    http://www.2012presidentialelectionnews.com/2012/03/march-19-gop-debate-canceled-due-to-lack-of-candidates/

Breitbart Expose: The Vetting – Holder 1995: We Must ‘Brainwash’ People on Guns

by Joel B. Pollak 6 hours ago 281 post a comment

Breitbart.com has uncovered video from 1995 of then-U.S. Attorney Eric Holder announcing a public campaign to “really brainwash people into thinking about guns in a vastly different way.”

Holder was addressing the Woman’s National Democratic Club. In his remarks, broadcast by CSPAN 2, he explained that he intended to use anti-smoking campaigns as his model to “change the hearts and minds of people in Washington, DC” about guns.

“What we need to do is change the way in which people think about guns, especially young people, and make it something that’s not cool, that it’s not acceptable, it’s not hip to carry a gun anymore, in the way in which we changed our attitudes about cigarettes.”

Holder added that he had asked advertising agencies in the nation’s capital to assist by making anti-gun ads rather than commercials “that make me buy things that I don’t really need.” He had also approached local newspapers and television stations, he said, asking them to devote prime space and time, respectively, to his anti-gun campaign.

Local political leaders and celebrities, Holder said, including Mayor Marion Barry and Jesse Jackson, had been asked to help. In addition, he reported, he had asked the local school board to make the anti-gun message a part of “every day, every school, and every level.”

Despite strict gun control efforts, Washington, DC was and remains one of the nation’s most dangerous cities for gun violence, though crime has abated somewhat since the 1990s.

Holder went on to become Deputy Attorney General in the Clinton administration, and currently serves as Attorney General in the Obama Administration.

The video of Holder’s remarks was uncovered by Breitbart.com contributor Charles C. Johnson.

Video link

http://www.breitbart.com/Breitbart-TV/2012/03/18/Holder-Outlines-How-To-Change-Public-Opinion-On-Guns

http://www.breitbart.com/Big-Government/2012/03/18/Holder-Fight-Guns-Like-Cigarettes

Men impersonating DEA agents invade, ransack home

This is a dangerous trend since the police now have the power to do a knock down door entry without a warrant.  How do you know that it’s not the police?  If you don’t get an apology letter 3 days later for getting the wrong address then you’ll know.
The Associated Press   Posted March 16, 2012

STANDISH, Maine — Maine police say four men pretending to be drug agents are blamed for a home invasion in which a 6-year-old girl watched as four adults were handcuffed.

The Cumberland County Sheriff’s Departments say the assailants claiming to be from the federal Drug Enforcement Administration knocked down the door and used plastic ties to handcuff two of the adults Friday morning. A gun was pointed at the head of one of the victims.

The assailants ransacked the house and stole purses and prescription drugs. They disappeared after telling the occupants they were going outside to get a drug-sniffing dog.

Deputies said they didn’t get a good description because the men were wearing ski masks, but detectives recovered evidence from the home.

http://bangordailynews.com/2012/03/16/news/portland/men-impersonating-dea-agents-invade-ransack-home/?ref=polbeat
By phoebe53 Posted in Crime

Waiting list for concealed weapons permits grows in Maine

By Christopher Williams, Sun Journal   Posted March 17, 2012, at 6:18 a.m.

When John Moore moved back to Maine from Massachusetts, he thought he wouldn’t have to wait long to get a permit to carry a concealed handgun.

After all, Maine law says applicants who have been Maine residents for five years or longer have to be notified within 30 days of whether they’ve been approved or denied.

Although it has only been a bit more than three weeks since he applied, Moore, 40, of New Gloucester isn’t optimistic.

A quick visit to the state’s website told him he might have to wait up to three months for his permit. Moore, a martial arts teacher, believes knowledge of and ability to use firearms properly is part of being proficient in self-defense to protect himself, his wife and twin daughters.

He cited a recent trend in Maine of burglaries and home invasions by addicts seeking prescription drugs. In the rural area where he lives, law enforcement response time to a 911 call can take about 20 minutes, he said.

In Massachusetts, state law allows permits to carry concealed handguns, “but they can make it impossible,” Moore said. He hoped it would be different in Maine.

Though not impossible, getting a permit here appears to require increasing patience.

And it’s not only at the state level.

Maine towns and cities that handle their own applications for permits to carry concealed handguns are telling permit seekers they should expect to wait more than 30 days.

In Auburn, the wait is averaging around six weeks; in Lewiston, applicants are told it can take as long as 12 weeks.

As more people buy handguns, more gun owners are applying for permits.

Gun dealers say demand for handguns has shot up.

“Sales have been very good,” said Jamie Pelletier, manager of Reid’s Guns and Cigars in Auburn.

At G3 Firearms in Turner, handgun sales have doubled over the past year, owner Chris Jordan said.

Enrollment at firearm-safety courses has kept pace with brisk sales. Pelletier said every class offered by the shop has been full.

Paul Mattson, a National Rifle Association certified firearms instructor in Harrison, said he has seen demand for his course in personal protection climb by nearly one-third over the past three years.

He said his students are frustrated by the time lag. One student, a 74-year-old woman who is a lifetime Maine resident, waited 114 days for her permit, while it took only 2½ weeks for her to get a U.S. passport in the mail, he said.

Maine State Police Lt. David Bowler said his agency put the notice on the state’s website because it had been inundated with emails and phone calls from applicants wondering why they hadn’t gotten their permits. The time it took to answer the inquiries was taking time from working on issuing the permits, he said.

“For some reason, we’ve been getting quite an unusual amount of applications” for the permits, he said.

Bowler oversees the concealed-handgun-carrying permitting process at the Maine Department of Public Safety for about 250 municipalities, such as New Gloucester, that don’t issue their own permits. His also is the only permitting agency for nonresidents and private investigators.

The number of applications for concealed-carry permits processed by his agency shot up 46 percent from 2008 to 2011, he said.

While applications are up, staffing at his agency is not.

“We just never seem to get caught up,” he said. To make matters worse, he has had personnel shifts that left the agency even shorter-staffed at times.

He has tried to address the problem with creative staffing solutions, short of paying overtime, “just to see if it’s making a dent in this thing,” he said. “If it looks like it’s just a Band-Aid on a broken leg, then I’ll stop it and just keep on charging forward the best we can.”

He doesn’t expect to get more workers anytime soon, Bowler said.

Part of the problem is waiting for other agencies or institutions to respond to requests for information, he said.

Applications require federal background checks, as well as checks with local law enforcement and mental health institutions.

As the number of permit applicants grows, those agencies and institutions have become overwhelmed by requests for information, Bowler said.

“We’re at the mercy of these entities,” he said. “They’re probably in the same boat we are … It’s just a vicious circle of getting bogged down.”

Bowler said he couldn’t explain the sharp increase in applications, but he pointed to the spike in gun sales.

He said the lagging economy may have had an effect.

Mattson said he believes that is a contributing factor, along with Moore’s concern over burglaries and home invasions.

“People really can’t have law enforcement at their disposal,” he said. He’s seen a greater percentage of women and more older people pursue handgun-safety courses.

Jordan said he’s heard from his customers a “huge” increase in interest in concealed-carry permits since the 2008 election.

He said he sees more older couples in his store shopping for handguns for home protection.

Bowler said handgun owners who have permits should apply for renewal before their permits expire. If they do, they can continue to carry a concealed handgun until their renewal is approved or denied. If they wait until after their permits expire, they have six months to apply for a renewal, but can’t conceal their handguns. If they wait more than six months after their permits expire, they have to apply as though they never had a permit.

http://bangordailynews.com/2012/03/17/news/state/waiting-list-for-concealed-weapons-permits-grows-in-maine/

Things to watch for during a “Declared National Emergency”

Marion Valentine  Saturday, October 24, 2009

As I predicted—though I was unsure whether it would be the H1N1 virus or the collapse of the dollar—the Communist Puppet would use something to cement his total control over every aspect of our lives.

From the day he took office, Obama and his puppet masters have been building a shadow Government with all power vested in them. The Czars he has appointed, who were not vetted and approved by Congress nor elected, now have the authority to control every aspect of American commerce.

I challenge you to look at the Executive Orders that have been signed over the last 30 years and are still in place. Also carefully read the provisions of the Violent Crime Control Act. They are listed here America In Peril and I include a partial list below.

You will see that with the Executive Orders already in place, combined with the provisions of the Violent Crime Control Act, with the stroke of a pen Obama can suspend the Constitution, the Judiciary, Elections and in effect declare himself president for life.

The next step In the wannabe dictators plan is to declare Martial Law, confiscate all privately owned firearms, round up all dissenters and move them to detention centers. Also there will be detention centers for those who have the H1N1 virus.

A series of Executive Orders, internal governmental departmental laws, unpassed by Congress, the Anti-Drug Abuse Act of 1988 and the Violent Crime Control Act of 1991, provides additional powers to the President of the United States, allowing the suspension of the Constitution and Constitutional rights of Americans during a “drug crisis”. It provides for the construction of detention camps, seizure of property, and military control of populated areas, has whittled down Constitutional law substantially. These new Executive Orders and Congressional Acts allow for the construction of concentration camps, suspension of rights and the ability of the President to declare Martial Law in the event of a drug crisis. Congress will have no power to prevent the Martial Law declaration and can only review the process six months after Martial Law has been declared. The most critical Executive Order was issued on August 1, 1971. Nixon signed both a proclamation and Executive Order 11615. Proclamation No. 4074 states, “I hereby declare a national emergency”, thus establishing an economic crisis. That national emergency order has not been rescinded.

This, teamed with the Executive Orders of the President, enables Orwellian prophecies to rest on whomever occupies the White House. The power provided by these “laws” allows suspension of the Constitution and the rights guaranteed in the Bill of Rights during any civil disturbances, major demonstrations and strikes and allows the military to implement government ordered movements of civilian populations at state and regional levels, the arrest of certain unidentified segments of the population, and the imposition of Martial Law.

When the Constitution of the United States was framed it placed the exclusive legislative authority in the hands of Congress and with the President. Article I, Section 1 of the United States Constitution is concise in its language:

“All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

That is no longer true. The Bill of Rights protected Americans against loss of freedoms. That is no longer true. The Constitution provided for a balanced separation of powers. That is no longer applicable.

Perhaps it can be summed up succinctly in the words of arch-conservative activist Howard J Ruff:

“Since the enactment of Executive Order 11490, the only thing standing between us and dictatorship is the good character of the President, and the lack of a crisis severe enough that the public would stand still for it.”

Next we will look at all legislation passed or attempted by the dishonest Socialist regardless if they call themselves Progressive, Liberal, Independent, Republican, or Democrat.

If you have a computer you can look up the legislation.

Here are just a few Executive Orders that would suspend the Constitution and the Bill of Rights. These Executive Orders have been on record for nearly 30 years and could be enacted by the stroke of a Presidential pen:

EXECUTIVE ORDER 10990 allows the government to take over all modes of transportation and control of highways and seaports.

EXECUTIVE ORDER 10995 allows the government to seize and control the communication media.

EXECUTIVE ORDER 10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.

EXECUTIVE ORDER 10998 allows the government to take over all food resources and farms.

EXECUTIVE ORDER 11000 allows the government to mobilize civilians into work brigades under government supervision.

EXECUTIVE ORDER 11001 allows the government to take over all health, education and welfare functions.

EXECUTIVE ORDER 11002 designates the Postmaster General to operate a national registration of all persons.

EXECUTIVE ORDER 11003 allows the government to take over all airports and aircraft, including commercial aircraft.

EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.

EXECUTIVE ORDER 11005 allows the government to take over railroads, inland waterways and public storage facilities.

EXECUTIVE ORDER 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.

EXECUTIVE ORDER 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.

Here are the later Executive Orders:

EXECUTIVE ORDER 11049 assigns emergency preparedness function to federal departments and agencies, consolidating 21 operative Executive Orders issued over a fifteen year period.

EXECUTIVE ORDER 11921 allows the Federal Emergency Preparedness Agency to develop plans to establish control over the mechanisms of production and distribution, of energy sources, wages, salaries, credit and the flow of money in U.S. financial institution in any undefined national emergency. It also provides that when a state of emergency is declared by the President, Congress cannot review the action for six months.

EXECUTIVE ORDER 12148 created the Federal Emergency Management Agency (FEMA) that is to interface with the Department of Defense for civil defense planning and funding. An “emergency czar” was appointed. FEMA has only spent about 6 percent of its budget on national emergencies, the bulk of their funding has been used for the construction of secret underground facilities to assure continuity of government in case of a major emergency, foreign or domestic.

EXECUTIVE ORDER 12656 appointed the National Security Council as the principal body that should consider emergency powers. This allows the government to increase domestic intelligence and surveillance of U.S. citizens and would restrict the freedom of movement within the United States and granted the government the right to isolate large groups of civilians. The National Guard could be federalized to seal all borders and take control of U.S. air space and all ports of entry. Many of the figures in the Iran-Contra scandal were part of this emergency contingent, including Marine Colonel Oliver North.

http://www.canadafreepress.com/index.php/article/16142
 

 

 

FEMA Executive Orders

FEMA  Executive Orders

http://www.trunkerton.fsnet.co.uk/

Some people have referred to it as the “secret government” of the United States. It is not an elected body, it does not involve itself in public disclosures, and it even has a quasi-secret budget in the billions of dollars. This government organization has more power than the President of the United States or the Congress, it has the power to suspend laws, move entire populations, arrest and detain citizens without a warrant and hold them without trial, it can seize property, food supplies, transportation systems, and can suspend the Constitution. Not only is it the most powerful entity in the United States, but it was not even created under Constitutional law by the Congress. It was a product of a Presidential Executive Order. No, it is not the U.S. military nor the Central Intelligence Agency, they are subject to Congress. The organization is called FEMA, which stands for the Federal Emergency Management Agency. Originally conceived in the Richard Nixon Administration, it was refined by President Jimmy Carter and given teeth in the Ronald Reagan and George Bush Administrations.

FEMA had one original concept when it was created, to assure the survivability of the United States government in the event of a nuclear attack on this nation. It was also provided with the task of being a federal coordinating body during times of domestic disasters, such as earthquakes, floods and hurricanes. Its awesome powers grow under the tutelage of people like Lt. Col. Oliver North and General Richard Secord, the architects on the Iran-Contra scandal and the looting of America’s savings and loan institutions. FEMA has even been given control of the State Defense Forces, a rag-tag, often considered neo-Nazi, civilian army that will substitute for the National Guard, if the Guard is called to duty overseas.

THE MOST POWERFUL ORGANIZATION IN THE UNITED STATES.

Though it may be the most powerful organization in the United States, few people know it even exists. But it has crept into our private lives. Even mortgage papers contain FEMA’s name in small print if the property in question is near a flood plain. FEMA was deeply involved in the Los Angeles riots and the 1989 Loma Prieta earthquake in the San Francisco Bay Area. Some of the black helicopter traffic reported throughout the United States, but mainly in the West, California, Washington, Arizona, New Mexico, Texas and Colorado, are flown by FEMA personnel. FEMA has been given responsibility for many new disasters including urban forest fires, home heating emergencies, refugee situations, urban riots, and emergency planning for nuclear and toxic incidents. In the West, it works in conjunction with the Sixth Army. FEMA was created in a series of Executive Orders. A Presidential Executive Order, whether Constitutional or not, becomes law simply by its publication in the Federal Registry. Congress is by-passed.

Executive Order Number 12148 created the Federal Emergency Management Agency that is to interface with the Department of Defense for civil defense planning and funding. An “emergency czar” was appointed. FEMA has only spent about 6 percent of its budget on national emergencies. The bulk of their funding has been used for the construction of secret underground facilities to assure continuity of government in case of a major emergency, foreign or domestic.

Executive Order Number 12656 appointed the National Security Council as the principal body that should consider emergency powers. This allows the government to increase domestic intelligence and surveillance of U.S. citizens and would restrict the freedom of movement within the United States and grant the government the right to isolate large groups of civilians. The National Guard could be federalized to seal all borders and take control of U.S. air space and all ports of entry. Here are just a few Executive Orders associated with FEMA that would suspend the Constitution and the Bill of Rights. These Executive Orders have been on record for nearly 30 years and could be enacted by the stroke of a Presidential pen:

EXECUTIVE ORDER 10990 allows the government to take over all modes of transportation and control of highways and seaports.

EXECUTIVE ORDER 10995 allows the government to seize and control the communication media.

EXECUTIVE ORDER 10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.

EXECUTIVE ORDER 10998 allows the government to take over all food resources and farms.

EXECUTIVE ORDER 11000 allows the government to mobilize civilians into work brigades under government supervision.

EXECUTIVE ORDER 11001 allows the government to take over all health, education and welfare functions.

EXECUTIVE ORDER 11002 designates the Postmaster General to operate a national registration of all persons.

EXECUTIVE ORDER 11003 allows the government to take over all airports and aircraft, including commercial aircraft.

EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.

EXECUTIVE ORDER 11005 allows the government to take over railroads, inland waterways and public storage facilities.

EXECUTIVE ORDER 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.

EXECUTIVE ORDER 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.

EXECUTIVE ORDER 11049 assigns emergency preparedness function to federal departments and agencies, consolidating 21 operative Executive Orders issued over a fifteen year period.

EXECUTIVE ORDER 11921 allows the Federal Emergency Preparedness Agency to develop plans to establish control over the mechanisms of production and distribution, of energy sources, wages, salaries, credit and the flow of money in U.S. financial institution in any undefined national emergency. It also provides that when a state of emergency is declared by the President, Congress cannot review the action for six months. The Federal Emergency Management Agency has broad powers in every aspect of the nation.

General Frank Salzedo, chief of FEMA’s Civil Security Division stated in a 1983 conference that he saw FEMA’s role as a “new frontier in the protection of individual and governmental leaders from assassination, and of civil and military installations from sabotage and/or attack, as well as prevention of dissident groups from gaining access to U.S. opinion, or a global audience in times of crisis.” FEMA’s powers were consolidated by President Carter to incorporate: The National Security Act of 1947, which allows for the strategic relocation of industries, services, government and other essential economic activities, and to rationalize the requirements for manpower, resources and production facilities; The 1950 Defense Production Act, which gives the President sweeping powers over all aspects of the economy; The Act of August 29, 1916, which authorizes the Secretary of the Army, in time of war, to take possession of any transportation system for transporting troops, material, or any other purpose related to the emergency; and The International Emergency Economic Powers Act, which enables the President to seize the property of a foreign country or national. These powers were transferred to FEMA in a sweeping consolidation in 1979.

HURRICANE ANDREW FOCUSED ATTENTION ON FEMA. 

FEMA’s deceptive role really did not come to light with much of the public until Hurricane Andrew smashed into the U.S. mainland. As Russell R. Dynes, director of the Disaster Research Center of the University of Delaware, wrote in The World and I, “…The eye of the political storm hovered over the Federal Emergency Management Agency. FEMA became a convenient target for criticism.” Because FEMA was accused of dropping the ball in Florida, the media and Congress commenced to study this agency. What came out of the critical look was that FEMA was spending 12 times more for “black operations” than for disaster relief. It spent $1.3 billion building secret bunkers throughout the United States in anticipation of government disruption by foreign or domestic upheaval. Yet fewer than 20 members of Congress, only members with top security clearance, know of the $1.3 billion expenditure by FEMA for non-natural disaster situations. These few Congressional leaders state that FEMA has a “black curtain” around its operations. FEMA has worked on National Security programs since 1979, and its predecessor, the Federal Emergency Preparedness Agency, has secretly spent millions of dollars before being merged into FEMA by President Carter in 1979.

FEMA has developed 300 sophisticated mobile units that are capable of sustaining themselves for a month. The vehicles are located in five areas of the United States. They have tremendous communication systems and each contains a generator that would provide power to 120 homes, but have never been used for disaster relief. FEMA’s enormous powers can be triggered easily. In any form of domestic or foreign problem, perceived and not always actual, emergency powers can be enacted. The President of the United States now has broader powers to declare martial law, which activates FEMA’s extraordinary powers. Martial law can be declared during time of increased tension overseas, economic problems within the United States, such as a depression, civil unrest, such as demonstrations or scenes like the Los Angeles riots, and in a drug crisis.

These Presidential powers have increased with successive Crime Bills, particularly the 1991 and 1993 Crime Bills, which increase the power to suspend the rights guaranteed under the Constitution and to seize property of those suspected of being drug dealers, to individuals who participate in a public protest or demonstration. Under emergency plans already in existence, the power exists to suspend the Constitution and turn over the reigns of government to FEMA and appointing military commanders to run state and local governments. FEMA then would have the right to order the detention of anyone whom there is reasonable ground to believe…will engage in, or probably conspire with others to engage in acts of espionage or sabotage. The plan also authorized the establishment of concentration camps for detaining the accused, but no trial.

Three times since 1984, FEMA stood on the threshold of taking control of the nation. Once under President Reagan in 1984, and twice under President Bush in 1990 and 1992. But under those three scenarios, there was not a sufficient crisis to warrant risking martial law. Most experts on the subject of FEMA and Martial Law insisted that a crisis has to appear dangerous enough for the people of the United States before they would tolerate or accept complete government takeover. The typical crisis needed would be threat of imminent nuclear war, rioting in several U.S. cites simultaneously, a series of national disasters that affect widespread danger to the populous, massive terrorist attacks, a depression in which tens of millions are unemployed and without financial resources, or a major environmental disaster.

THREE TIMES FEMA STOOD BY READY FOR EMERGENCY

In April 1984, President Reagan signed Presidential Director Number 54 that allowed FEMA to engage in a secret national “readiness exercise” under the code name of REX 84. The exercise was to test FEMA’s readiness to assume military authority in the event of a “State of Domestic National Emergency” concurrent with the launching of a direct United States military operation in Central America. The plan called for the deputation of U.S. military and National Guard units so that they could legally be used for domestic law enforcement. These units would be assigned to conduct sweeps and take into custody an estimated 400,000 undocumented Central American immigrants in the United States. The immigrants would be interned at 10 detention centers to be set up at military bases throughout the country.

REX 84 was so highly guarded that special metal security doors were placed on the fifth floor of the FEMA building in Washington, D.C. Even long-standing employees of the Civil Defense of the Federal Executive Department possessing the highest possible security clearances were not being allowed through the newly installed metal security doors. Only personnel wearing a special red Christian cross or crucifix lapel pin were allowed into the premises. Lt. Col. North was responsible for drawing up the emergency plan, which U.S. Attorney General William French Smith opposed vehemently. The plan called for the suspension of the Constitution, turning control of the government over to FEMA, appointment of military commanders to run state and local governments and the declaration of Martial Law. The Presidential Executive Orders to support such a plan were already in place. The plan also advocated the rounding up and transfer to “assembly centers or relocation camps” of a least 21 million American Negroes in the event of massive rioting or disorder, not unlike the rounding up of the Jews in Nazi Germany in the 1930s.

The second known time that FEMA stood by was in 1990 when Desert Storm was enacted. Prior to President Bush’s invasion of Iraq, FEMA began to draft new legislation to increase its already formidable powers. One of the elements incorporated into the plan was to set up operations within any state or locality without the prior permission of local or state authorities. Such prior permission has always been required in the past. Much of the mechanism being set into place was in anticipation of the economic collapse of the Western World. The war with Iraq may have been conceived as a ploy to boost the bankrupt economy, but it only pushed the West into deeper recession. The third scenario for FEMA came with the Los Angeles riots after the Rodney King brutality verdict. Had the rioting spread to other cities, FEMA would have been empowered to step in. As it was, major rioting only occurred in the Los Angeles area, thus preventing a pretext for a FEMA response.

On July 5, 1987, the Miami Herald published reports on FEMA’s new goals. The goal was to suspend the Constitution in the event of a national crisis, such as nuclear war, violent and widespread internal dissent, or national opposition to a U.S. military invasion abroad. Lt. Col. North was the architect. National Security Directive Number 52 issued in August 1982, pertains to the “Use of National Guard Troops to Quell Disturbances.” The crux of the problem is that FEMA has the power to turn the United States into a police state in time of a real crisis or a manufactured crisis. Lt. Col. North virtually established the apparatus for dictatorship. Only the criticism of the Attorney General prevented the plans from being adopted. But intelligence reports indicate that FEMA has a folder with 22 Executive Orders for the President to sign in case of an emergency. It is believed those Executive Orders contain the framework of North’s concepts, delayed by criticism but never truly abandoned. The crisis, as the government now sees it, is civil unrest. For generations, the government was concerned with nuclear war, but the violent and disruptive demonstrations that surrounded the Vietnam War era prompted President Nixon to change the direction of emergency powers from war time to times of domestic unrest.

Diana Reynolds, program director of the Edward R. Murrow Center, summed up the dangers of FEMA today and the public reaction to Martial Law in a drug crisis: “It was James Madison’s worst nightmare that a righteous faction would someday be strong enough to sweep away the Constitutional restraints designed by the framers to prevent the tyranny of centralized power, excessive privilege, an arbitrary governmental authority over the individual. These restraints, the balancing and checking of powers among branches and layers of government, and the civil guarantees, would be the first casualties in a drug-induced national security state with Reagan’s Civil Emergency Preparedness unleashed. Nevertheless, there would be those who would welcome NSC (National Security Council) into the drug fray, believing that increasing state police powers to emergency levels is the only way left to fight American’s enemy within.

In the short run, a national security state would probably be a relief to those whose personal security and quality of life has been diminished by drugs or drug related crime. And, as the general public watches the progression of institutional chaos and social decay, they too may be willing to pay the ultimate price, one drug free America for 200 years of democracy.”

The first targets in any FEMA emergency would be Hispanics and Blacks, the FEMA orders call for them to be rounded up and detained. Tax protesters, demonstrators against government military intervention outside U.S. borders, and people who maintain weapons in their homes are also targets. Operation Trojan Horse is a program designed to learn the identity of potential opponents to martial law. The program lures potential protesters into public forums, conducted by a “hero” of the people who advocates survival training. The list of names gathered at such meetings and rallies are computerized and then targeted in case of an emergency.     (I don’t believe that to be so under Obama, it will be strictly white conservatives, gun owners, Bible thumpers.)

The most shining example of America to the world has been its peaceful transition of government from one administration to another. Despite crises of great magnitude, the United States has maintained its freedom and liberty. This nation now stands on the threshold of rule by non-elected people asserting non-Constitutional powers. Even Congress cannot review a Martial Law action until six months after it has been declared. For the first time in American history, the reigns of government would not be transferred from one elected element to another, but the Constitution, itself, can be suspended. The scenarios established to trigger FEMA into action are generally found in the society today, economic collapse, civil unrest, drug problems, terrorist attacks, and protests against American intervention in a foreign country. All these premises exist, it could only be a matter of time in which one of these triggers the entire emergency necessary to bring FEMA into action, and then it may be too late, because under the FEMA plan, there is no contingency by which Constitutional power is restored.

Obama’s new Executive Order – National Defense Resources Preparedness

The White House

Office of the Press Secretary

For Immediate Release
March 16, 2012

Executive Order — National Defense Resources Preparedness

EXECUTIVE ORDER

NATIONAL DEFENSE 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 (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 101Purpose.  This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the “Act”).

Sec. 102Policy.  The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national 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 the national defense needs of the United States.

Sec. 103General Functions.  Executive departments and agencies (agencies) responsible for plans and programs relating to national defense (as defined in section 801(j) of this order), or for resources and services needed to support such plans and programs, shall:

(a)  identify requirements for the full spectrum of emergencies, including essential military and civilian demand;

(b)  assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical 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 resources and production capability, including services and critical technology, for national defense requirements;

(d)  improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements; and

(e)  foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, services, components, and equipment to enhance industrial base efficiency and responsiveness.

Sec. 104Implementation.  (a)  The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation of national defense resource preparedness policy and shall make recommendations to the President on the use of authorities under the Act.

(b)  The Secretary of Homeland Security shall:

(1)  advise the President on issues of national defense 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 to agencies assigned functions under this order, developed in consultation with such agencies; and

(3)  report to the President periodically concerning all program activities conducted pursuant to this order.

(c)  The Defense Production Act Committee, described in section 701 of this order, shall:

(1)  in a manner consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b), advise the President through the Assistant to the President and National Security Advisor, the Assistant to the President for Homeland Security and Counterterrorism, and the Assistant to the President for Economic Policy on the effective use of the authorities under the Act; and

(2)  prepare and coordinate an annual report to the Congress pursuant to section 722(d) of the Act, 50 U.S.C. App. 2171(d).

(d)  The Secretary of Commerce, in cooperation with the Secretary of Defense, the Secretary of Homeland Security, and other agencies, shall:

(1)  analyze potential effects of national emergencies on actual production capability, taking into account the entire production system, including shortages of resources, and develop recommended preparedness measures to strengthen capabilities for production increases in national emergencies; and

(2)  perform industry analyses to assess capabilities of the industrial base to support the national defense, and develop policy recommendations to improve the international competitiveness of specific domestic industries and their abilities to meet national defense program needs.

PART II  -  PRIORITIES AND ALLOCATIONS

Sec. 201Priorities and Allocations Authorities.  (a)  The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071, 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, livestock resources, veterinary resources, plant health resources, 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 with respect to all other materials, services, and facilities, including construction materials.

(b)  The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions.  Each Secretary shall authorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for materials, services, and facilities needed in support of programs approved under section 202 of this order.

(c)  Each resource department shall act, as necessary and appropriate, upon requests for special priorities assistance, as defined by section 801(l) of this order, in a time frame consistent with the urgency of the need at hand.  In situations where there are competing program requirements for limited resources, the resource department shall consult with the Secretary who made the required determination under section 202 of this order.  Such Secretary shall coordinate with and identify for the resource department which program requirements to prioritize on the basis of operational urgency.  In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which program requirements should receive priority on the basis of operational urgency.

(d)  If agreement cannot be reached between two such Secretaries, then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.

(e)  The Secretary of each resource department, when necessary, shall make the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b).  This finding shall be submitted for the President’s approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.  Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution of any material (including applicable services) in the civilian market.

Sec. 202Determinations.  Except as provided in section 201(e) of this order, 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, military use of civil transportation, stockpiles managed by the Department of Defense, 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 Secretary of Homeland Security with respect to all other national defense programs, including civil defense and continuity of Government.

Sec. 203Maximizing Domestic Energy Supplies.  The authorities of the President under section 101(c)(1) (2) of the Act, 50 U.S.C. App. 2071(c)(1) (2), are delegated to the Secretary of Commerce, with the exception that the authority to make findings that materials (including equipment), services, and facilities are critical and essential, as described in section 101(c)(2)(A) of the Act, 50 U.S.C. App. 2071(c)(2)(A), is delegated to the Secretary of Energy.

Sec. 204Chemical and Biological Warfare.  The authority of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b), 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. 301Loan Guarantees.  (a)  To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense, as defined in section 801(h) of this order, is authorized pursuant to section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by private institutions.

(b)  Each guaranteeing agency is designated and authorized to:  (1) act as fiscal agent in the making of its own guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act; and (2) contract with any Federal Reserve Bank to assist the agency in serving as fiscal agent.

(c)  Terms and conditions of guarantees under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget (OMB).  The guaranteeing agency is authorized, following such consultation, to prescribe:  (1) either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with such guarantee contracts; and (2) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection therewith.

Sec. 302Loans.  To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092, to make loans thereunder.  Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB.

Sec. 303Additional Authorities.  (a)  To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303 of the Act, 50 U.S.C. App. 2093, to make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for Government use or resale, and to make provision for the development of production capabilities, and for the increased use of emerging technologies in security program applications, and to enable rapid transition of emerging technologies.

(b)  Materials acquired under section 303 of the Act, 50 U.S.C. App. 2093, that exceed the needs of the programs under the Act may be transferred to the National Defense Stockpile, if, in the judgment of the Secretary of Defense as the National Defense Stockpile Manager, such transfers are in the public interest.

Sec. 304Subsidy Payments.  To ensure the supply of raw or nonprocessed materials from high cost sources, or to ensure maximum production or supply in any area at stable prices of any materials in light of a temporary increase in transportation cost, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(c) of the Act, 50 U.S.C. App. 2093(c), to make subsidy payments, after consultation with the Secretary of the Treasury and the Director of OMB.

Sec. 305Determinations and Findings.  (a)  Pursuant to budget authority provided by an appropriations act in advance for credit assistance under section 301 or 302 of the Act, 50 U.S.C. App. 2091, 2092, and consistent with the Federal Credit Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head of each agency engaged in procurement for the national defense is delegated the authority to make the determinations set forth in sections 301(a)(2) and 302(b)(2) of the Act, in consultation with the Secretary making the required determination under section 202 of this order; provided, that such determinations shall be made after due consideration of the provisions of OMB Circular A 129 and the credit subsidy score for the relevant loan or loan guarantee as approved by OMB pursuant to FCRA.

(b)  Other than any determination by the President under section 303(a)(7)(b) of the Act, the head of each agency engaged in procurement for the national defense is delegated the authority to make the required determinations, judgments, certifications, findings, and notifications defined under section 303 of the Act, 50 U.S.C. App. 2093, in consultation with the Secretary making the required determination under section 202 of this order.

Sec. 306Strategic and Critical Materials.  The Secretary of Defense, and the Secretary of the Interior in consultation with the Secretary of Defense as the National Defense Stockpile Manager, are each delegated the authority of the President under section 303(a)(1)(B) of the Act, 50 U.S.C. App. 2093(a)(1)(B), to encourage the exploration, development, and mining of strategic and critical materials and other materials.

Sec. 307Substitutes.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(g) of the Act, 50 U.S.C. App. 2093(g), to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other resources to aid the national defense.

Sec. 308Government-Owned Equipment.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to:

(a)  procure and install additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government owned equipment in plants, factories, or other industrial facilities owned by private persons;

(b)  provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093; and

(c)  sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to the owners of such plants, factories, or other industrial facilities.

Sec. 309Defense Production Act Fund.  The Secretary of Defense is designated the Defense Production Act Fund Manager, in accordance with section 304(f) of the Act, 50 U.S.C. App. 2094(f), and shall carry out the duties specified in section 304 of the Act, in consultation with the agency heads having approved, and appropriated funds for, projects under title III of the Act.

Sec. 310Critical Items.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to ensure that critical components, critical technology items, essential materials, and industrial resources 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. 311Strengthening Domestic Capability.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a), to utilize the authority of title III of the Act or any other provision of law to provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States.

Sec. 312Modernization of Equipment.  The head of each agency engaged in procurement for the national defense, in accordance with section 108(b) of the Act, 50 U.S.C. App. 2078(b), 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.  In considering title III projects, the head of each agency engaged in procurement for the national defense shall provide a strong preference for proposals submitted by a small business supplier or subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2).

PART IV  -  VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES

Sec. 401Delegations.  The authority of the President under sections 708(c) and (d) of the Act, 50 U.S.C. App. 2158(c), (d), is delegated to the heads of agencies otherwise delegated authority under this order.  The status of the use of such delegations shall be furnished to the Secretary of Homeland Security.

Sec. 402Advisory Committees.  The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 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.

Sec. 403Regulations.  The Secretary of Homeland Security, after approval of the Attorney General, and after consultation by the Attorney General with the Chairman of the Federal Trade Commission, shall promulgate rules pursuant to section 708(e) of the Act, 50 U.S.C. App. 2158(e), incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out.  Such rules may be adopted by other agencies to fulfill the rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e).

PART V  -  EMPLOYMENT OF PERSONNEL

Sec. 501National Defense Executive Reserve.  (a) In accordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e), 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 a national defense emergency.

(b)  The Secretary of Homeland Security shall issue necessary guidance for the NDER program, including appropriate guidance for establishment, recruitment, training, monitoring, and activation of NDER units and shall be responsible for the overall coordination of the NDER program.  The authority of the President under section 710(e) of the Act, 50 U.S.C. App. 2160(e), to determine periods of national defense emergency is delegated to the Secretary of Homeland Security.

(c)  The head of any agency may implement section 501(a) of this order with respect to NDER operations in such agency.

(d)  The head of each agency with an NDER unit may exercise the authority under section 703 of the Act, 50 U.S.C. App. 2153, to employ civilian personnel when activating all or a part of its NDER unit.  The exercise of this authority shall be subject to the provisions of sections 501(e) and (f) of this order and shall not be redelegated.

(e)  The head of an agency may activate an NDER unit, in whole or in part, upon the written determination of the Secretary of Homeland Security that an emergency affecting the national defense exists and that the activation of the unit is necessary to carry out the emergency program functions of the agency.

(f)  Prior to activating the NDER unit, the head of the agency shall notify, in writing, the Assistant to the President for Homeland Security and Counterterrorism of the impending activation.

Sec. 502Consultants.  The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations.  The authority delegated by this section may not be redelegated.

PART VI  -  LABOR REQUIREMENTS

Sec. 601Secretary of Labor.  (a)  The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall:

(1)  collect and maintain data necessary to make a continuing appraisal of the Nation’s workforce needs for purposes of national defense;

(2)  upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services;

(3)  upon request from the head of an agency with authority under this order, consult with that agency with respect to:  (i) the effect of contemplated actions on labor demand and utilization; (ii) the relation of labor demand to materials and facilities requirements; and (iii) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;

(4)  upon request from the head of an agency with authority under this order:  (i) formulate plans, programs, and policies for meeting the labor requirements of actions to be taken for national defense purposes; and (ii) estimate training needs to help address national defense requirements and promote necessary and appropriate training programs; and

(5)  develop and implement an effective labor management relations policy to support the activities and programs under this order, with the cooperation of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service.

(b)  All agencies shall cooperate with the Secretary of Labor, upon request, for the purposes of this section, to the extent permitted by law.

PART VII  -  DEFENSE PRODUCTION ACT COMMITTEE

Sec. 701The Defense Production Act Committee.  (a)  The Defense Production Act Committee (Committee) shall be composed of the following members, in accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b):

(1)   The Secretary of State;

(2)   The Secretary of the Treasury;

(3)   The Secretary of Defense;

(4)   The Attorney General;

(5)   The Secretary of the Interior;

(6)   The Secretary of Agriculture;

(7)   The Secretary of Commerce;

(8)   The Secretary of Labor;

(9)   The Secretary of Health and Human Services;

(10)  The Secretary of Transportation;

(11)  The Secretary of Energy;

(12)  The Secretary of Homeland Security;

(13)  The Director of National Intelligence;

(14)  The Director of the Central Intelligence Agency;

(15)  The Chair of the Council of Economic Advisers;

(16)  The Administrator of the National Aeronautics and Space Administration; and

(17)  The Administrator of General Services.

(b)  The Director of OMB and the Director of the Office of Science and Technology Policy shall be invited to participate in all Committee meetings and activities in an advisory role.  The Chairperson, as designated by the President pursuant to section 722 of the Act, 50 U.S.C. App. 2171, may invite the heads of other agencies or offices to participate in Committee meetings and activities in an advisory role, as appropriate.

Sec. 702Offsets.  The Secretary of Commerce shall prepare and submit to the Congress the annual report required by section 723 of the Act, 50 U.S.C. App. 2172, in consultation with the Secretaries of State, the Treasury, Defense, and Labor, the United States Trade Representative, the Director of National Intelligence, and the heads of other agencies as appropriate.  The heads of agencies shall provide the Secretary of Commerce with such information as may be necessary for the effective performance of this function.

PART VIII  -  GENERAL PROVISIONS

Sec. 801Definitions.  In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152, 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 related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities.  “Civil transportation” also shall include direction, control, and coordination of civil transportation capacity regardless of ownership.  “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.

(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), solar, wind, other types of renewable energy, 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 potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, 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 cold storage) of food resources, 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 agency engaged in procurement for the national defense” means the heads of the Departments of State, Justice, the Interior, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, the National Aeronautics and Space Administration, the General Services Administration, and all other agencies with authority delegated under section 201 of this order.

(i)  “Health resources” means drugs, biological products, medical devices, materials, facilities, health supplies, services and equipment required to diagnose, mitigate or prevent the impairment of, improve, treat, cure, or restore the physical or mental health conditions of the population.

(j)  “National defense” means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity.  Such term includes emergency preparedness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection and restoration.

(k)  “Offsets” means compensation practices required as a condition of purchase in either government to government or commercial sales of defense articles and/or defense services as defined by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22 C.F.R. 120.1 130.17.

(l)  “Special priorities assistance” means action by resource departments to assist with expediting deliveries, placing rated orders, locating suppliers, resolving production or delivery conflicts between various rated orders, addressing problems that arise in the fulfillment of a rated order or other action authorized by a delegated agency, and determining the validity of rated orders.

(m)  “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 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.

(n)  “Water resources” means all usable water, from all sources, within the jurisdiction of the United States, that can be managed, controlled, and allocated to meet emergency requirements, except “water resources” does not include usable water that qualifies as “food resources.”

Sec. 802General.  (a)  Except as otherwise provided in section 802(c) of this order, the authorities vested in the President by title VII of the Act, 50 U.S.C. App. 2151 et seq., are delegated to the head of each agency in carrying out the delegated authorities under the Act and this order, by the Secretary of Labor in carrying out part VI of this order, and by the Secretary of the Treasury in exercising the functions assigned in Executive Order 11858, as amended.

(b)  The authorities that may be exercised and performed pursuant to section 802(a) of this order shall include:

(1)  the power to redelegate authorities, and to authorize the successive redelegation of authorities to agencies, officers, and employees of the Government; and

(2)  the power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155, with respect to (i) authorities delegated in parts II, III, and section 702 of this order, and (ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858, as amended, provided that the subpoena power referenced in subsections (i) and (ii) 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 section 802(a) of this order or by such other person or persons as the officer shall designate.

(c)  Excluded from the authorities delegated by section 802(a) of this order are authorities delegated by parts IV and V of this order, authorities in section 721 and 722 of the Act, 50 U.S.C. App. 2170 2171, and the authority with respect to fixing compensation under section 703 of the Act, 50 U.S.C. App. 2153.

Sec. 803Authority.  (a)  Executive Order 12919 of June 3, 1994, and sections 401(3) (4) of Executive Order 12656 of November 18, 1988, are revoked.  All other 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.

(b)  Nothing in this order shall affect the authorities assigned under Executive Order 11858 of May 7, 1975, as amended, except as provided in section 802 of this order.

(c)  Nothing in this order shall affect the authorities assigned under Executive Order 12472 of April 3, 1984, as amended.

Sec. 804General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,
March 16, 2012.