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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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and this:

“The Clinton amendment did not accomplish what the Obama one does.
Compare them side by side, and include the Reagan version and the 1950 act.

Certain key words have been changed. This EO does give the President powers the others did not.
This EO also is all inclusive which the others were not. This EO also gives the government the power to dictate to private businesses, issue guaranteed loans, and also ties up the banks in new and exciting ways.

Read all the versions and pay attention to any changes as they are very significant and far reaching. If Bush had done this I/We would be freaking out like never before, Obama doing this is a completely different story.

This was predicted / expected to happen after the election in November. Why he did it now is the most important question.
In actuality “National Defense” is only the premise used to enforce this order.

Read section 102 on the Clinton version, and the Obama version, the change was 1 word. That 1 word changes everything, and does change the EO to something completely different that is crafted of “need” as opposed to “Threat.

Need is a ubiquitous concept, threat is a very narrow one in comparison. That is only the second segment. Once you read the whole thing you understand the scope of it is unprecedented, and the very thing we need to neutralize the Conservative agenda, and ell the obstructionism practiced by the Republican congress.

We’ll see.

This is the move I have been waiting for, and hoping I was not imagining he would do this. I thought he would do it in December after a won second term. He must know something we don’t that allows him, or compels him to do it now.”


351 posted on 03/18/2012 10:03:35 AM PDT by mojitojoe (American by birth. Southern by the grace of God. Conservative by reason and logic.)
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To: PapaBear3625; LucyT; Brown Deer; maggief; Las Vegas Ron; manc; Candor7; onyx; Nachum; ...

and this, another post on DU:

“The Clinton amendment did not accomplish what the Obama one does.
Compare them side by side, and include the Reagan version and the 1950 act.

Certain key words have been changed. This EO does give the President powers the others did not.
This EO also is all inclusive which the others were not. This EO also gives the government the power to dictate to private businesses, issue guaranteed loans, and also ties up the banks in new and exciting ways.

Read all the versions and pay attention to any changes as they are very significant and far reaching. If Bush had done this I/We would be freaking out like never before, Obama doing this is a completely different story.

This was predicted / expected to happen after the election in November. Why he did it now is the most important question.
In actuality “National Defense” is only the premise used to enforce this order.

Read section 102 on the Clinton version, and the Obama version, the change was 1 word. That 1 word changes everything, and does change the EO to something completely different that is crafted of “need” as opposed to “Threat.

Need is a ubiquitous concept, threat is a very narrow one in comparison. That is only the second segment. Once you read the whole thing you understand the scope of it is unprecedented, and the very thing we need to neutralize the Conservative agenda, and ell the obstructionism practiced by the Republican congress.

We’ll see.

This is the move I have been waiting for, and hoping I was not imagining he would do this. I thought he would do it in December after a won second term. He must know something we don’t that allows him, or compels him to do it now.”


352 posted on 03/18/2012 10:04:36 AM PDT by mojitojoe (American by birth. Southern by the grace of God. Conservative by reason and logic.)
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To: redgolum
Obama: SEC 201(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.

Clinton: SEC 201 (b) The Secretary of Commerce, in consultation with the heads of those departments and agencies specified in subsection 201(a) of this order, shall administer the Defense Priorities and Allocations System ("DPAS") regulations that will be used to implement the authority of the President conferred by section 101 of the Act as delegated to the Secretary of Commerce in subsection 201(a)(6) of this order. The Secretary of Commerce will redelegate to the Secretary of Defense, and the heads of other departments and agencies as appropriate, authority for the priority rating of contracts and orders for all materials, services, and facilities needed in support of programs approved under section 202 of this order. The Secretary of Commerce shall act as appropriate upon Special Priorities Assistance requests in a time frame consistent with the urgency of the need at hand.

Emergency and non-emergency. What happened to the DPAS Regulations used to implement authority?

353 posted on 03/18/2012 10:21:11 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: redgolum
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:

(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.

This is a new definition. And it appears that the whole section for the Defense Industrial Base Information System has been removed and replaced? Executive Order Clinton 12919 SEC. 802.

The new order does not indicate or footnote any deletions or additions.

354 posted on 03/18/2012 10:36:05 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: ebshumidors

If you take this Exectutive Order seriously, and you shuold, and lay it alongside the power of the Patriot Act, you have the makings of a totalitarian dictatorship. The awesome power herein vested with the cabinet secretaries is beyond frightening.

If the federal government can seize control, as is provided in this order, of food, energy, health care, transportation and construction resources literally at will and without the right of redress by citizens, the POTUS and his cabinet now will hold the power of life and death.

This executive order only sets up a platform for use of the Patriot Act to identify citizen threats to dictatorial control once declared. Think about the last 3+ years. Does anyone really trust Ojackass not to abuse the powers this EO grants him?


355 posted on 03/18/2012 10:43:51 AM PDT by mojitojoe (American by birth. Southern by the grace of God. Conservative by reason and logic.)
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To: chessplayer
Has anyone sent it to Fox...I'm sending it to the two police blogs in my city, to any organization I can think of.
The cops are red hot in my city against this commie government.

The PUBLIC has to see this and our commentary with the links, which gives further information. SEND THIS TO EVERYONE YOU CAN THINK OF.

356 posted on 03/18/2012 10:48:58 AM PDT by itssme
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To: FedsRStealingOurCountryFromUs
The fact that Americans would even consider that our president would somehow stage a coup to stay in power is downright frightening. No one worried that Bill Clinton or Jimmy Carter would do such a thing.

Clinton's departure triggered some worry about theft of articles or vandalism and this will no doubt occur if 0bama goes..

357 posted on 03/18/2012 10:49:41 AM PDT by FedsRStealingOurCountryFromUs
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To: EBH
Obama: 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.

Clinton: Sec. 102. Policy. The United States must have an industrial and technology base capable of meeting national defense requirements, and capable of contributing to the technological superiority of its 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 all threats to the national security of the United States.

How does changing ONE word alter this EO? Clinton said “threats,” Obama is saying “needs.” If they are synonymous, why change them at all?

358 posted on 03/18/2012 10:50:58 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: funfan

Just curious, but how long to the Executive Orders last? I mean, if Clinton already did one, and it says pretty much the same thing, why would Obama need to?


359 posted on 03/18/2012 11:02:05 AM PDT by Lucky9teen (Peace is that brief glorious moment in history when everybody stands around reloading.~Thomas Jeffer)
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To: ebshumidors

How can this EO possibly be constitutional even in a national emergency? The powers it confers would make our Constitutional Rights meaningless and Obama, no different than Hugo Chavez, can trump up any national emergency he wishes. It is stuff like this that gives me nightmares should Obama be re-elected. With this kind of power he could be dictator for life on a whim.


360 posted on 03/18/2012 11:05:01 AM PDT by The Great RJ ("The problem with socialism is that pretty soon you run out of other people's money" M. Thatcher)
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To: Salvavida

BTTT


361 posted on 03/18/2012 11:08:15 AM PDT by Bigg Red (Pray for our republic.)
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To: tomkat

Re: sun tzu:
‘All warfare is based primarily on the deception of an enemy. Fighting on a battlefield is the most primitive way of making war. There is no art higher than to destroy your enemy without a fight—by SUBVERTING anything of value in the enemy’s country.’
Sun Tzu
Chinese philosopher
500 B.C.

” . . . They are contaminated; they are programmed to think and react to certain stimuli in a certain pattern. You cannot change their mind[s], even if you expose them to authentic information, even if you prove that white is white and black is black, you still cannot change the basic perception and the logic of behavior. In other words, these people... the process of demoralization is complete and irreversible . . .”
Yuri Bezmenov
1984


362 posted on 03/18/2012 11:29:12 AM PDT by khelus
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To: MurrietaMadman

thanks for the link on the history of EO’s


363 posted on 03/18/2012 11:48:57 AM PDT by khelus
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To: jmax
Some one is cracking the whip over Obama....he can't possibly know the content of this EXECUTIVE ORDER - NATIONAL DEFENSE RESOURCES PREPAREDNESS (March 16, 2012 Executive Order).....I could not find the number for this EO....Help and thanks.
364 posted on 03/18/2012 12:32:43 PM PDT by yoe
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To: The Working Man

A review of the events of 1860-1865 should answer your question.


365 posted on 03/18/2012 12:42:34 PM PDT by Skepolitic
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To: ebshumidors

This is a stimulus bill under the guise of emergency management.

This is also a move to force the nationalization of the all first responder unions. Obama couldn’t get it done through Congress, so he’s doing it through executive fiat.


366 posted on 03/18/2012 1:05:44 PM PDT by Eva
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To: ebshumidors

Why haven’t we removed this imposter and 98% of Congress?


367 posted on 03/18/2012 1:11:37 PM PDT by crosshairs
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To: going hot
DU is going to take a gigantic shiite of brick if a conservative gets the reins with that EO in place.

Which is why they will not permit a conservative to win. This is the end-game. They will ensure that Obama stays in power, by whatever means necessary.

368 posted on 03/18/2012 1:13:25 PM PDT by PapaBear3625 (In a time of universal deceit, telling the truth is a revolutionary act. - George Orwell)
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To: tomkat
One way or anther, no cell for me

Same here.
369 posted on 03/18/2012 1:18:05 PM PDT by crosshairs
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To: nanetteclaret

Hi Nan! Did you see upthread about someone who had a visitor come on their land to “re-locate” via GPS their well?The landowner told them that it was all on country records but the person insisted they needed to locate it again using the GPS. I found that really disturbing, too. I think it was in Washington or Oregon.


370 posted on 03/18/2012 1:21:21 PM PDT by boxlunch
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To: crazydad
I have wondered why are there are these camps and why so many are popping up, why the coffins.

Why would they bother with coffins? Caterpillars and mass graves are much faster.
371 posted on 03/18/2012 1:24:39 PM PDT by crosshairs
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To: ebshumidors

Monday congress should pursue immediate impeachment proceedings. And then we should build the gallows on the steps of the Capitol.


372 posted on 03/18/2012 1:26:48 PM PDT by crosshairs
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To: yoe
>>> "I could not find the number for this EO....Help and thanks." <<<<

I thought that would be easy, BUT, I couldn't find it either. Hmmmmm Pls let me know if you find out.

373 posted on 03/18/2012 1:45:57 PM PDT by jmax (SLUTS AND HO's LIKE MAKING IT ON SLEEP NUMBER BEDS)
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To: ebshumidors; All
Folks....

It has made "Gulagbound", pretty big if you ask me. If it is their how soon before it hits, Trevor Loudon, Brietbart, and maybe even Zero Hedge....

http://gulagbound.com/27555/congress-ignores-obamas-overt-exec-order-coup-against-u-s-citizens/

http://gulagbound.com/27557/obamas-march-16th-executive-order-despotism-in-the-guise-of-emergency-preparedness/

374 posted on 03/18/2012 1:52:15 PM PDT by taildragger (( Palin / Mulally 2012 ))
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To: yoe

If you go out to the website, there are actually a number of EO without numbers. I noted the issue yesterday when I went searching for a particular one that is referenced regarding Miranda rights...and it is not to be found.

It looks like they stopped numbering them on Dec. 13th, 2011. When did he give that speech about ‘wanting to do things by executive order?’

Obama Eyes “Executive Orders” to Circumvent Congress
http://www.thenewamerican.com/usnews/constitution/2936-obama-eyes-executive-orders-to-circumvent-congress

Oh Crap: Obama’s Executive Order Powers (Whatever He Wants) RED ALERT http://youtu.be/aYshRW32lls


375 posted on 03/18/2012 2:08:35 PM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: jmax

It looks like they stopped numbering them on or about Dec. 13, 2011?


376 posted on 03/18/2012 2:10:00 PM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: taildragger

It’s on Drudge now. We freepers are waaaay ahead of everybody.


377 posted on 03/18/2012 2:10:23 PM PDT by ebshumidors ( Marksmanship and YOUR heritage http://www.appleseedinfo.org)
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To: JudgemAll

Fundamental transformation, b****ez!


378 posted on 03/18/2012 2:10:52 PM PDT by Skepolitic
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To: EBH

Nuts. This is the Enabling Acts! Will we even have elections?


379 posted on 03/18/2012 2:18:57 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: Lucky9teen
I think they last forever and seem to be amended
such as the one Obama just amended on Friday. The biggest change Obama made was to put the Director of Homeland security in. In 1994 there was not a Homeland security but instead FEMA. I am going to research and see what if any mechanism there would be to get rid of an executive order
either by executive order or congress or the Supreme court.
380 posted on 03/18/2012 2:35:37 PM PDT by funfan
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To: redgolum
Nuts. This is the Enabling Acts! Will we even have elections?

I don't know. Even if we do, will they be valid? Recall they are seeking election coverage or oversight and voter ID issues through the United Nations. So, we will have an "election," but what is means is anyone's guess.

I am happy to see you are now looking at this EO beyond the update of the Clinton orders. Take your time going through it. There are a lot of changes. And whole sections eliminated that involved regulatory authorities.

I do not ever recall this type of EO causing this much chatter and chaos on the web. Oh...and for everyone reading along...did you know we have been in a declared State of Emergency since...1993? And according to congress, if we are in a declared State of Emergency we have no Rights. see senate report 93-549 Of course this EO removes the SOE requirement now.

Now the only thing 0bama requires is a perceived "need." This EO puts 'every resource' as a issue of National Security. What would have the banking crisis in 2008 looked like under this EO?

381 posted on 03/18/2012 2:40:09 PM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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bttt


382 posted on 03/18/2012 3:02:54 PM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: ebshumidors
It’s on Drudge now.

Yes, but Drudgie then links to an (WND) article that uses a comparison, by (Hot Air's) Ed Morrisey, that this EO is pretty much like Clintoon's similar EO. (In other words...nothing to see, here.)

We freepers are waaaay ahead of everybody.

Spot on ;)

383 posted on 03/18/2012 3:08:46 PM PDT by Jane Long (Soli Deo Gloria!)
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To: Jane Long

” (Hot Air’s) Ed Morrisey, that this EO is pretty much like Clintoon’s similar EO. (In other words...nothing to see, here.) “

Apparently, that’s pretty much the standard spin from the Republican Establishment....


384 posted on 03/18/2012 3:14:28 PM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: eak3
So once again when will Boehner and company ask why does Homeland Security need 450 million hollow-point rounds? I’m just aghast at how fast this is all happening now.

There is no way that Homeland Security could use 450M rounds, even if every agent allowed a gun goes through more practice than a Delta Force member. The only possible legitimate excuse I could think of would be to maintain a reserve stockpile for all US law enforcement, but that would be better implemented by giving a grant to each police unit to buy and maintain 10K or more rounds, subject to inspection.

385 posted on 03/18/2012 3:18:59 PM PDT by PapaBear3625 (In a time of universal deceit, telling the truth is a revolutionary act. - George Orwell)
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To: EBH

I have no idea if this author is correct or not, has a hidden agenda or not...

http://dailycaller.com/2012/03/18/obama-executive-order-nothing-to-storm-the-castle-over/


386 posted on 03/18/2012 3:22:14 PM PDT by mojitojoe (American by birth. Southern by the grace of God. Conservative by reason and logic.)
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To: boxlunch

After reading about the well/GPS thing I decided to fortify my gate and add more 6 foot cedar fencing, ASAP. I live on OR.


387 posted on 03/18/2012 3:44:47 PM PDT by little jeremiah (We will have to go through hell to get out of hell. Signed, a fanatic)
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To: mojitojoe

I say to all those who are attempting to debunk our concerns, notice...they didn’t speak up until well after this all exploded on the internet, FB and Twitter.

Now they are trying to tamp out the firestorm because 0bama thought this would slip past on the St. Patricks Day weekend and nobody would notice.

I can read. There is a huge difference between taking action against a ‘threat’ and a ‘need.’

I am still trying to wrap my head around the section that declares this stuff during emergency and non-emergency. The language is too loose.

If 0bama thinks we ‘need’ green energy infrastructure even if it is a non-emergency he can grant/loan the money as his czars see fit! Gee if gasoline prices begin to create a crisis on the tranportation and food resources he can consider it a National Security issue and have his czars confiscate your SUV? Far fetched? Or will he make us all drive Volts? Just an extreme example how this EO is different from all the previous ones.


388 posted on 03/18/2012 3:59:31 PM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: EBH

“...perceived “need.”

Upon reading this my thoughts jumped to Von Braun’s (rocket scientist brought over from Germany post WWII) prophecy about a staged alien attack to be used as a ruse to take over the world.


389 posted on 03/18/2012 4:41:56 PM PDT by Domestic Church (AMDG ...)
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To: Miss Behave

Thanks.....Yes.


390 posted on 03/18/2012 6:24:09 PM PDT by Shady (The undeniable truth of the Obama Administration...The numbers do not lie.)
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To: ebshumidors

What is really frightening is this one person will be able to render US defenseless against anyone he chooses to take US over.
Am I reading this correctly?

Well, we know who HE said HE would stand with in case of confrontation.


391 posted on 03/18/2012 6:28:52 PM PDT by TribalPrincess2U (Anyone not wanting an ID or purple thumb to vote isn't worthy of voting privilege.)
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To: EBH

Reichstaag fire.

The “need” thing is key.


392 posted on 03/18/2012 6:37:41 PM PDT by little jeremiah (We will have to go through hell to get out of hell. Signed, a fanatic)
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To: ebshumidors

Can someone explain what this means in plain english, without all the legal talk? Looks bad, but this is NOT an easy read.


393 posted on 03/18/2012 6:42:20 PM PDT by PetroniDE (Hey Hey, Ho Ho, Chairman O Has Gotta Go !!)
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To: Little Pig

We already work for the government for nothing. I estimate this will continue until about April 29th this year.


394 posted on 03/18/2012 6:43:58 PM PDT by PetroniDE (Hey Hey, Ho Ho, Chairman O Has Gotta Go !!)
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bttt


395 posted on 03/18/2012 7:14:31 PM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: EBH

KK...Thx


396 posted on 03/18/2012 7:35:29 PM PDT by jmax (SLUTS AND HO's LIKE MAKING IT ON SLEEP NUMBER BEDS)
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To: ebshumidors
I can't read all of this right now...got to go....but have pegged Obama as wanting to be a mujaheddin from the very beginning. BBL.
397 posted on 03/18/2012 7:43:26 PM PDT by hummingbird
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To: ProtectOurFreedom
Found THIS
398 posted on 03/18/2012 7:44:59 PM PDT by ExSoldier (Stand up and be counted... OR LINE UP AND BE NUMBERED...)
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To: Little Pig
Mujaheddin is Obama wet dream. This EO - Obama creating his own Islamic State of America.

Think he is not trying to add to Islamic Empire? I'm betting he is backdooring with Iran's Imanutjob even as we sleep.

They probably talk on their Pink Princess telephones every night.

“What are you wearing when US becomes a Muslim Nation? I'm wearing dress camo?....oh, no you “din’t”....you're wearing white after Labor Day?!" "Oh, you are such a fierce fashionista!!! What is Chavez going to wear? I do not want to clash! He's such a bitch when someone is more into fashion than he is."

399 posted on 03/18/2012 7:58:16 PM PDT by hummingbird
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To: hummingbird
Wanting to have, get,create a mujaheddin? I don't know the verbiage.
400 posted on 03/18/2012 8:32:28 PM PDT by hummingbird
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