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Executive Order: National Defense Resources Preparedness
The White House ^ | 3/16/12 | The White House

Posted on 03/16/2012 11:06:46 PM PDT by ebshumidors

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

Sec. 102. Policy. 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. 103. General 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. 104. Implementation. (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. 201. Priorities 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. 202. Determinations. 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. 203. Maximizing 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. 204. Chemical 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. 301. Loan 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. 302. Loans. 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. 303. Additional 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. 304. Subsidy 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. 305. Determinations 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. 306. Strategic 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. 307. Substitutes. 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. 308. Government-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. 309. Defense 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. 310. Critical 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. 311. Strengthening 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. 312. Modernization 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. 401. Delegations. 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. 402. Advisory 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. 403. Regulations. 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. 501. National 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. 502. Consultants. 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. 601. Secretary 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. 701. The 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. 702. Offsets. 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. 801. Definitions. 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. 802. General. (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. 803. Authority. (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. 804. General 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.


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To: ProtectOurFreedom
Sounds like you’ve researched this thoroughly.

I don't know, when dealing with conspiracy nutjobs, logic sometimes escapes them. I stumbled across the NARA website site through a google search and found the information about the Executive Orders quite interesting. So when the on-line debate about the 'secret' EO 11000 came up I was prepared. Of course like any debate with a liberal/socialist/democrat/conspiracy nutjob who can't grasp logic, the debate broke down to the statement that I'm just a neo-con government agitator trolling the boards to identify troublemakers. However, the rest of the viewing members actually stood up and pointed out I was correct.

151 posted on 03/17/2012 9:01:04 AM PDT by Traveler59 ( Truth is a journey, not a destination.)
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To: mojitojoe; null and void

Nut job conspiracy theory? Did you just pull that out of your hat or did you actually read the entire order and come to that conclusion?


I’m a charter member of null and void’s Nut-job Conspiracy Theory Ping! Read his pings to determine if I pulled that out of a hat.

As nullie is quoting on his pings today:

“Only the paranoid survive” Andrew Grove

and

“Even paranoids have enemies” Henry Kissinger


152 posted on 03/17/2012 9:03:07 AM PDT by OwenKellogg
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Comment #153 Removed by Moderator

To: SaraJohnson

Rising hostilities between our beloved troops and sailors and the idiot peaceniks.


154 posted on 03/17/2012 9:04:47 AM PDT by Quix (Times are a changin' INSURE you have believed in your heart & confessed Jesus as Lord Come NtheFlesh)
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To: Quix

That is what I observed as well. Obama is going to need his own anti-US ‘troops’ who despise the US soldiers.


155 posted on 03/17/2012 9:15:25 AM PDT by SaraJohnson
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To: steve86
In my naivete I have wondered what happens if you are drafted or "compelled to work" but refuse.

That's what the ovens are for.

156 posted on 03/17/2012 9:17:41 AM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
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To: TMA62

It is not Constitutional and it won’t be challenged by any of our legislators in Washington. The Tea Party folks will be okay with it, too, at least the ones who get elected or appointed to anything. We are long past the point where anyone in government is working for anyone but the government.


157 posted on 03/17/2012 9:18:29 AM PDT by arthurus (Read Hazlitt's "Economics In One Lesson.")
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To: ebshumidors

Who actually wrote this?


158 posted on 03/17/2012 9:28:19 AM PDT by abclily
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To: daisy mae for the usa; AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; ...

thanks dmftu. I thought I’d even posted in here, but don’t find it.


159 posted on 03/17/2012 9:41:45 AM PDT by SunkenCiv (I come to bury Caesar, not to praise him)
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To: Old Sarge; aviator

The timing is suspicious.

Obama signs unconstitutional naked power grab EO late Friday night.

Mideast is heating up:

http://www.freerepublic.com/focus/f-news/2860297/posts

And a new moon is March 22nd— per aviator.


160 posted on 03/17/2012 9:44:35 AM PDT by reagandemocrat
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To: ebshumidors

Don’t know if this has been picked up upon yet, as I have not read all the way through the thread when I decided to go back and start on the EO - * emphasis is mine, as are the questions marks : \

“”PART II - PRIORITIES AND ALLOCATIONS

Sec. 201. Priorities and Allocations Authorities. (a) The authority of the President... to require acceptance and priority performance of contracts or orders... to promote the national defense over performance of any other contracts or orders ...to allocate materials, services, and facilities as deemed necessary or appropriate... 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?! So folks can’t make explosive devices maybe? ;

(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.””

That last sentence is why I copied all of that section... Emergency and NON EMERGENCY conditions. Why in the heck would any of this need to happen in a NON EMERGENCY situation?!

P.S. Sorry for all of the caps, but I never did graduate from HTML Sandbox, sheepish look.

Dear Lord, I am pretty sure we know the answer. Please give us strength, to fight this battle.
Tatt


161 posted on 03/17/2012 9:46:15 AM PDT by thesearethetimes... ("Courage, is fear that has said its prayers." Dorothy Bernard)
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To: DCBryan1

Agreed. We will fight back and preserve Liberty and America...No one “man” is bigger than our heritage.


162 posted on 03/17/2012 9:47:30 AM PDT by Shady (The undeniable truth of the Obama Administration...The numbers do not lie.)
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To: thesearethetimes...

Humans can last 40 days without food...3 days without water.


163 posted on 03/17/2012 9:49:30 AM PDT by Shady (The undeniable truth of the Obama Administration...The numbers do not lie.)
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To: ebshumidors

*


164 posted on 03/17/2012 9:52:37 AM PDT by Outlaw Woman (The biggest Hate group in America is located in the White House, Congress & DOJ)
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To: Excellence

Sorry, was out for awhile, not ignoring you .. I sent Breitbart the headline and a link.


165 posted on 03/17/2012 9:53:29 AM PDT by tomkat (FU.baraq)
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To: tomkat

everyones out enjoying the early spring weather. This story isn’t anywhere not even Infowars has jumped on it yet. Probably not see anything till maybe tomorrow.


166 posted on 03/17/2012 10:00:47 AM PDT by eak3
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To: Excellence

I am not sure what you are asking?

Preexisting agency is under FEMA and according to their directives are only activated during emergency, not during peacetimes.

http://www.dtic.mil/whs/directives/corres/pdf/110006p.pdf

This EO seems to be a very wide expansion of their directive. No?


167 posted on 03/17/2012 10:05:33 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: Shady

“Humans can last 40 days without food...”

I am sure the mooch Ms. Hogly can last twice that long without food.

Like a camel, she can feed off those two humps on her rear.


168 posted on 03/17/2012 10:09:28 AM PDT by Gatún(CraigIsaMangoTreeLawyer)
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To: daisy mae for the usa

My thoughts; as much as a Twinkie can have a thought, that is:

Obama came out right at the start declaring that he intended to have a “civilian security force as powerful, as well funded as the military”. - It went over like a lead balloon; people, including Twinkie, asked, “don’t we already have a National Guard?”

That comment got lost in the Obama deluge of comments over the past 3 or 4 years, and the idea was dropped. We thought . . until now, that is.


169 posted on 03/17/2012 10:12:33 AM PDT by Twinkie (John 3:16)
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To: ebshumidors

The excuse is “national defense” - ie, external

The actions all pertain to Homeland Security and US industrial production - ie, internal

Any excuse to expand presidential powers.


170 posted on 03/17/2012 10:13:13 AM PDT by Rocky (REPEAL IT!)
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To: tomkat

“I sent Breitbart the headline and a link.”

Any feedback/acknowledgement from those wonderful folks yet?


171 posted on 03/17/2012 10:14:09 AM PDT by Gatún(CraigIsaMangoTreeLawyer)
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To: Gatún(CraigIsaMangoTreeLawyer)
Not as yet .. I'd surely post it here, barring their expressing a good reason not to.

Perhaps, given the weekend to digest it and ask around, they'll come out with something Mondayish.

172 posted on 03/17/2012 10:18:59 AM PDT by tomkat (FU.baraq)
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To: reagandemocrat

I read somewhere else that the timing is also 2 days into March Madness, taking attention away from the news in addition to it being the start of the weekend.


173 posted on 03/17/2012 10:24:59 AM PDT by tbw2
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To: ebshumidors

sfl


174 posted on 03/17/2012 10:25:54 AM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: tomkat

“Not as yet .. I’d surely post it here, barring their expressing a good reason not to.”

Thank you. You are very kind.


175 posted on 03/17/2012 10:30:03 AM PDT by Gatún(CraigIsaMangoTreeLawyer)
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To: tbw2

Doh, I missed the March Madness angle. And his courtside bromance with hotdog-chowing Cameron.


176 posted on 03/17/2012 10:32:39 AM PDT by reagandemocrat
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To: Josephat
I would probably get arrested for nailing this to my reps door. And both my senators are dems, so that's out.
177 posted on 03/17/2012 10:37:52 AM PDT by Excellence (9/11 was an act of faith.)
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To: Gatún(CraigIsaMangoTreeLawyer)
You are very kind

Actually, sometimes I'm not.
But you're welcome, and thanks !

lol

178 posted on 03/17/2012 10:39:45 AM PDT by tomkat (FU.baraq)
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To: ebshumidors
This is an interesting order to emerge considering current events on the world stage.

This puts in place the kind of authority Roosevelt wielded in WWII on the logistics, commodities and manufacturing fronts.

It's putting every US Agency on notice they could be called upon to shift every incentive, every stick toward a national security goal.

That's big stuff there.

Or not.

179 posted on 03/17/2012 10:40:45 AM PDT by Mariner (War Criminal #18)
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To: EBH

I was under the impression Clinton had one also. This one has quite the reach.


180 posted on 03/17/2012 10:41:37 AM PDT by Excellence (9/11 was an act of faith.)
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To: tomkat

“Actually, sometimes I’m not.”

Oh yes you are. Want to fight about it? :)


181 posted on 03/17/2012 10:44:11 AM PDT by Gatún(CraigIsaMangoTreeLawyer)
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To: Gatún(CraigIsaMangoTreeLawyer)

LOL .. cheers


182 posted on 03/17/2012 10:53:07 AM PDT by tomkat (FU.baraq)
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To: sickoflibs; stephenjohnbanker; ding_dong_daddy_from_dumas; Travis McGee; NFHale
Mr Orwell, white coutesy phone please...

Im no lawyer, but a quick skim of this thing, looks like bambam has declared every 'resource', including the people, to now be deemed government property, at his whim...

makes the declaration of CONUS as a battlezone a no-brainer eh???

183 posted on 03/17/2012 11:03:16 AM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: reagandemocrat

“The timing is suspicious.”

Yes, for me that is also an indicator.

Where he meant it of not (which I personally think he did mean it), either way he has just stirred up a hornet’s nest.

Remember: “There is nothing to fear but fear itself.” Franklin D. Roosevelt.


184 posted on 03/17/2012 11:03:16 AM PDT by Gatún(CraigIsaMangoTreeLawyer)
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To: reagandemocrat

Where = Whether...Sorry.


185 posted on 03/17/2012 11:10:25 AM PDT by Gatún(CraigIsaMangoTreeLawyer)
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To: EasySt

That’s my gut feeling about this too.

I’ve been saying that I think Obama has our troops in Afghanistan to make sure that we don’t have anybody patriotic to protect us here in a SHTF scenario such as Obama himself would detonate if it looks like he won’t win re-election.

Scenarios I’ve been thinking about are

1) An EMP attack by Iran launched from Venezuela, followed by Hezbollah sleeper cells rising up to take over government in Washington DC and the state capitols, as well as wreaking havoc in every major city and fanning out from there to the more rural areas. This would be the final communist-Islamist coup that George Soros and his communist and Muslim allies have been preparing America for.

2) Another economic run on the bank by Soros’ communist and Islamist allies who did the last run on the bank to get Obama elected and (I believe) threatened the media companies, eligibility judges, Congressional leaders, Bush, Cheney, etc with doing again to collapse the world economy if anybody balked at Soros’ plans to get Obama in office and take over the whole system to overthrow the rule of law.

3) Black riots spurred on by the union heads. This is the least potent SHTF scenario and is what retired military generals such as Paul Vallely believe has been threatened in order to get Congress and the Supreme Court to kowtow to Obama on things like Obama’s ineligibility.

Regarding that last scenario: Around the 2008 election I spoke to a military friend who’s in SpecOps about how the fear of riots could be controlling SCOTUS, and he said that the military is very able to handle rioting and secure entire cities if necessary. He didn’t think this was a credible threat.

But Obama has moved 30,000 soldiers out of the US to go to Afghanistan. He’s long said that he wanted a CIVILIAN force that was just as powerful as the military, and in spite of having few enough soldiers that we use wounded soldiers on 4th tours (such as the guy accused of the Afghanistan massacre) in impossible hellholes such as Afghanistan, we are CUTTING THE US MILITARY and putting women and open gays in combat situations where we can’t afford romantic entanglements and tensions. So it very much looks like Obama is killing off, defunding, and/or keeping out of the country for the critical times in question the legitimate, Constitutional military, while pushing to be able to nationalize a CIVILIAN force as he has always wanted.

Why a civilian force rather than military? Because the US military has officers who have sworn to protect and defend the US Constitution. If the chain of command came to realize that their CINC is an unconstitutional foreign enemy combatant they would have a duty to disobey him and fight his moves to destroy this country and the US Constitution.

It is no wonder that Leon Panetta disarmed the troops before being with them in Afghanistan.

Right now the continued existence of this nation may well rest on the shoulders of the 2-3-star generals who have to decide whether they meant their oaths or not, and whether their own promotion means more to them than the existence of this country for their children and grandchildren.

Crunch time. I will be praying for all of them.


186 posted on 03/17/2012 11:19:11 AM PDT by butterdezillion
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To: ebshumidors

what the effing eff?

Barack Obama is too stupid to have written this- who did an why?

Will this create a domectic army of ... ahem.. “Holder’s People” collecting money to walk around carrying weaposn and threatening people (same thing they do now, but for a paycheck and with government backing)


187 posted on 03/17/2012 11:25:25 AM PDT by Mr. K (If Romney wins the primary, I am writing-in PALIN)
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To: mountn man

I keep hoping that if Gingrich isn’t our nominee he will have nothing to lose, then, in coming out with all barrels against the coup that’s taken place within the USA over the past 3 years.

I just hope we don’t nominate Romney, because how in the world would you defend a guy who has forced the Catholic Church to pay for/perform abortions in Massachusetts?

I guess in that instance Newt and all the rest of us would just have to concentrate on how very, very bad Obama has been - how he has carried out a coup on all the checks and balances, separation of powers, Constitution, rule of law, and foundational infrastructure on this country.... and not let anybody talk about how Romney has started the same thing with his stupid socialized medicine in MA.

Once we’ve got a candidate we need to set loose the dogs of war, to reveal to the American public the fact that as things stand right now, THERE IS NOTHING THAT OBAMA CAN’T DO. The ONLY thing standing between him and whatever he wants to do is the guns we have and our willingness to say, “You just TRY to do that. Make my day.” Because we sure as heck don’t have a legislative or judicial branch OR law enforcement or States who hold this foreign enemy combatant in the White House in check.


188 posted on 03/17/2012 11:31:50 AM PDT by butterdezillion
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To: Traveler59

What was the plan to handle a foreign enemy combatant in the White House? Or a coup by Hezbollah and communist operatives coordinated from the White House?

Just curious about that.

The danger in this - as with the NDAA - is that it leaves the determination of when there is a “national emergency” (or when somebody is “belligerent”) totally up to the discretion of Barack Obama, with no checks on his power to decide WHETHER he can do stuff or WHAT stuff he can do. That’s what the whole due process thing is about; it keeps any one person from being able to kill or enslave with no questions ever asked.

We don’t have due process any more; all the POTUS ever has to do is say a person was “belligerent” and was thus a terrorist and he can have ANY ONE of us assassinated at the snap of his little fingers, no questions ever allowed to be asked.

He has the means to do it covertly so that it appears to be a heart attack (ala Andrew Breitbart) or cancer so nobody would even think to ask questions anyway. How much of the stuff in this executive order could be done without anybody ever being allowed to report that it was done because we were in some secret “national emergency” that nobody is allowed to know about? What in the law would prevent Obama from saying there is some secret national emergency TODAY, and all of a sudden Obama starts stealing food supplies and jailing or killing anybody who might report on it? It wouldn’t have to be a big catastrophe that everybody knows about. He could start doing this stuff today under the cover of an “emergency” that only he knows about.


189 posted on 03/17/2012 11:46:43 AM PDT by butterdezillion
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bttt


190 posted on 03/17/2012 12:28:02 PM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: ebshumidors
I get it: It's and Executive Order for Emergency Communism.
191 posted on 03/17/2012 12:30:39 PM PDT by madison10
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Mark and BTTT


192 posted on 03/17/2012 12:52:38 PM PDT by JDoutrider
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To: EBH

What does this thing mean?


193 posted on 03/17/2012 12:55:13 PM PDT by ColdOne (I miss my poochie... Tasha 2000~3/14/11)
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To: butterdezillion

bttt


194 posted on 03/17/2012 1:18:48 PM PDT by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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To: mkjessup

LOL!


195 posted on 03/17/2012 1:53:07 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: steve86

“In my naivete I have wondered what happens if you are drafted or “compelled to work” but refuse. OK, you are picked up, taken to the rock camp and told to break rocks. You refuse. Then they start water boarding you or what?”

At the point where someone says,, “you are hereby compelled to work against your will”, you immediately shoot them.


196 posted on 03/17/2012 2:33:37 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: CaptainPhilFan

Exactly. I came across this “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.” Scary. Sounds like Germany during WWII.


197 posted on 03/17/2012 2:35:53 PM PDT by RC2
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To: sneakers

Bttt


198 posted on 03/17/2012 2:37:23 PM PDT by sneakers (EAT YOUR PEAS!)
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To: RC2

Im reminded of the story where you capture wild animals by building one fence. When they grow acustomed to it, you build the second. Then the third. When the fourth wall is built,, they are trapped.

This sure looks like a fence to me. Our government is building prison walls.


199 posted on 03/17/2012 2:41:05 PM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: ebshumidors

Read this one carefully, two or three times. “PART VI - LABOR REQUIREMENTS


200 posted on 03/17/2012 2:42:28 PM PDT by RC2
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