As the ruling elite and international banksters move us ever closer to a global economic collapse and push harder and harder to tighten gun laws and take away both American’s guns and rights,Retired United States Army Captain Terry M. HestilowWarns Americans that they may have to prepare to defend themselves, and the U.S. Constitution, against the Obama Administration’s “coup” against the People…
We are there… at the presuppose looking the choice between freedom and tyranny for ourselves and the world in the face. We either wake up enough Americans and prepare for the worst or be swept over the cliff into a new hi-tech ‘dark age’; 1984 just delayed 40-years by patriots, whistleblowers, grassroots movements like the tea party movement, a handful of patriotic politicians like Ronald Reagan, Ron & Rand Paul, Sarah Palin, Michele Bachmann and Ted Cruz and brave talking heads and authors including Andrew Breitbart, Rush Limbaugh, Sean Hannity, Mark Levin, Alex Jones, Judge Andrew Napolitano, Glenn Beck, Trevor Loudon, Daniel Hannen and Mark Steyn.
(Info Wars) – On Saturday, Retired United States Army Captain Terry M. Hestilow publicly voiced grave concerns over the Department of Homeland Security’s absurd acquisitions, posting a letter he sent to Sen. John Cornyn (R-TX) on Facebook labeling the Obama administration’s recent appropriation of weapons a “bold threat of war” against citizens of the United States of America.
“It is with gravest concern that I write to you today concerning the recent appropriation of weapons by the Department of Homeland Security (DHS) that can only be understood as a bold threat of war by that agency, and the Obama administration, against the citizens of the United States of America,” the decorated retired Army Captain’s letter begins.
Referring to the DHS’ solicitations for nearly two billion rounds of ammunition and recent purchase of almost 3,000 mine-resistant ambush protected armored personnel carriers as “a tyrannical threat against the Constitution” and a deliberate attempt to defund the Department of Defense, the retired Army Captain asked Sen. Cornyn to honor his oath to the American people and the U.S. Constitution and “to demand in clear terms that the Administration cannot ignore, that the Department of Homeland Security immediately surrender their newly appropriated weapons of war to the Department of Defense (DoD).”
“Significant is the fact,” Captain Hestilow writes, “that at the same time the Obama administration is arming his DHS for war within the limits of the United States against the People of the United States in accordance with his 2008 campaign speech claiming,
‘We cannot continue to rely only on our military in order to achieve the national security objectives that we’ve set. We’ve gotta (sic) have a civilian national security force that’s just as powerful, just as strong, just as well funded [as the United States military]‘–Candidate Barack Obama, 2008.”
“Further, since the DHS has assumed a position in the Administration to enforce the tyrannical acts of this president against the People of the United States against the limits of the United States Constitution, it remains for the United States Congress to exercise its limiting power in the balancing of powers established by our founding fathers, to disestablish and dissolve the DHS as soon as possible,” the retired Captain’s letter continues.
Calling the DHS purchases a “glaring threat of war against our nation’s citizens,” Hestilow says the actions “can only be understood as a tyrannical threat against the Constitution of the United States of America.”
“If left unresolved,” Hestilow states, “the peace loving citizens who have sworn to defend the United States Constitution ‘against all enemies, both foreign and domestic’ are left no option except to prepare to defend themselves, and the U.S. Constitution, against this Administration’s ‘coup’ against the People and the foundations of liberty fought for and defended for the past 238 years. We have no choice if we honor our oaths.”
The former Army Captain cites Adolf Hitler’s rise to power as evidence of the outcome of allowing such an agency free rein, stating,
“One needs only to look to the rise of Adolf Hitler, and his associated DHS organizations, the SA and the SS, of 1932-1934, to see the outcome of allowing an agency of government this kind of control over the free citizens of a nation. The people of Germany could not have imagined, until it was too late, the danger of allowing a tyrant this kind of power. We must not be so naïve as to think it will not happen to us as well if we remain passive toward this power grab by the Marxist Obama administration!”
The post is garnering unprecedented support, according to the retired Captain. Within a day, he says it has received over 3,000 shares, in addition to lassoing in 994 new friend requests. He is also encouraging others to copy and properly amend the letter to send to their own senators and members of the U.S. House.
The retired Army Captain’s message follows another letter penned by 15 Congressmen earlier in the week to the DHS asking if the ammo purchases were part of an effort to strategically deny American people access to ammunition.
“The extraordinary level of ammunition purchases made by Homeland Security seems to have, in states such as my own, created an extreme shortage of ammunition to the point where many gun owners are unable to purchase any,” California Congressman Doug LaMalfa wrote in the letter.
Concerns that the DHS is engaged in a domestic arms buildup against the People have also been echoed by notable political figures and such mainstream publications as Forbes Magazine, who earlier this month called for a “national conversation” on the topic.
Former Alaska Governor Sarah Palin was recently portrayed by media as a “conspiracy theorist” after she posted a remark on Facebook warning that imminent financial collapse could be the reason “why the Feds are stockpiling bullets in case of civil unrest.”
Similar concerns were also recently made public by Fox Business host Lou Dobbs when he asked NRA president Wayne LaPierre, during his March 4 broadcast, about the bizarre solicitations.
As an overwhelming number of Americans grow distressed over the curious purchases, mainstream media agencies, such as the Associated Press, Politico, Media Matters, and the Atlantic Wire, have frantically tried to tamp down speculation of a threat to civil liberties, refusing to conduct actual research into the subject and instead regurgitating superficial explanations issued by government officials.
A recent report that the DHS holds a $2 million contract with a firing range target manufacturer that produces shooting targets of armed pregnant women, children and elderly gun owners depicted in residential settings, has also not helped suppress speculation.
Despite numerous pleas to address the matter, the DHS has yet to issue a plausible explanation as to why they have apparently been building up a veritable ammunition and firearm stockpile domestically – purchasing profane amounts of riot gear, armored military vehicles, bulletproof checkpoints, and some 7,000 fully automatic assault rifles – and still refuses to answer questions from citizen journalists and multiple elected representatives.
Below is retired United States Army Captain Terry M. Hestilow’s letter to Sen. Cornyn in its entirety:
The Honorable Senator John Cornyn, State of Texas United States Senate 517 Hart Senate Office Building Washington, D.C. 20510
Re: Department of Homeland Security (DHS) and that agencies preparation for war against citizens of the United States of America.
Dear Senator Cornyn,
It is with gravest concern that I write to you today concerning the recent appropriation of weapons by the Department of Homeland Security (DHS) that can only be understood as a bold threat of war by that agency, and the Obama administration, against the citizens of the United States of America. To date, DHS has been unwilling to provide to you, the elected representatives of the People, justification for recent purchases of almost 3,000 mine-resistant ambush-protected (MRAP) armored personnel carriers, 1.6 billion rounds of ammunition (with associated weapons), and other weapons systems, when, in fact, the DHS has no war mission or war making authority within the limits of the United States of America.
Significant is the fact that at the same time the Obama administration is arming his DHS for war within the limits of the United States against the People of the United States in accordance with his 2008 campaign speech claiming,
“We cannot continue to rely only on our military in order to achieve the national security objectives that we’ve set. We’ve gotta (sic) have a civilian national security force that’s just as powerful, just as strong, just as well funded [as the United States military]”–Candidate Barack Obama, 2008.
the Obama administration is deliberately defunding, overextending, and hollowing the Department of Defense; the only legitimate agency of the U.S. government with a war mission.
This act of the Obama administration stands as a glaring threat of war against our nation’s citizens! This act of the Obama administration can only be understood as a tyrannical threat against the Constitution of the United States of America! If left unresolved, the peace loving citizens who have sworn to defend the United States Constitution “against all enemies, both foreign and domestic” are left no option except to prepare to defend themselves, and the U.S. Constitution, against this Administration’s “coup” against the People and the foundations of liberty fought for and defended for the past 238 years. We have no choice if we honor our oaths.
The only proper response to this threat against the American people is for the representatives of the People, the members of the U.S. House and Senate, to demand in clear terms that the Administration cannot ignore, that the Department of Homeland Security immediately surrender their newly appropriated weapons of war to the Department of Defense (DoD). Further, since the DHS has assumed a position in the Administration to enforce the tyrannical acts of this president against the People of the United States against the limits of the United States Constitution, it remains for the United States Congress to exercise its limiting power in the balancing of powers established by our founding fathers, to disestablish and dissolve the DHS as soon as possible. One needs only to look to the rise of Adolf Hitler, and his associated DHS organizations, the SA and the SS, of 1932-1934, to see the outcome of allowing an agency of government this kind of control over the free citizens of a nation. The people of Germany could not have imagined, until it was too late, the danger of allowing a tyrant this kind of power. We must not be so naïve as to think it will not happen to us as well if we remain passive toward this power grab by the Marxist Obama administration!
Finally, for more than two centuries the nation has lived in peace at home because of the protections of our legitimate military and the many appropriate state and federal law enforcement agencies, supported by Constitutional courts. We stand today at a cross-road. Will we allow this present Administration to overthrow our United States Constitution and its legal processes to amend injustices, or, will we honor our obligations to defend the Constitution against a “domestic” enemy? Our Constitution lays out the proper methods of resolving our differences; and it does not include its overthrow by a rogue agency of a Marxist leadership at home. You, sir, are our constitutionally elected agent to defend our Constitution at home. We are counting upon you. We remain aware, however, of this present threat and will not expose ourselves as an easy prey to the authors of the destruction of our nation.
I know that this letter demands much of you. We elected you because we, the citizens of the State of Texas, believe that you are up to the task at hand and will, against all threats, honor your oath and office. We are also writing to your fellow members of the House and Senate to stand in integrity with the Constitution and against this present threat by the Obama administration and his DHS.
We refuse to surrender our Constitution or our nation!
Resolved,
Captain Terry M. Hestilow United States Army, Retired Fort Worth, Texas March 23, 2013
In light of the growing information that is coming to light: House Bill Wants to Repeal Obama’s Authorization to Use Military Force
Occupy Corporatism: In the House of Representatives HR 198 entitled, “Repeal of the Authorization for Use of Military Force” was recently introduced for consideration. The bill is championed by House Representative Barbara Lee and supported by 9 of her peers, including House Representative Walter Jones.
According to the text of the proposal: ‘Congress finds that the Authorization for Use of Military Force ( Public Law 107-40; 50 U.S.C. 1541 note), signed into law on September 18, 2001, has been used to justify a broad and open-ended authorization for the use of military force and such an interpretation is inconsistent with the authority of Congress to declare war and make all laws for executing powers vested by the Constitution in the Government of the United States.’
Currently President Obama could authorize “lethal force” be used on Americans in the US, he meant that Obama was empowered by the “2001 Authorization for Use of Military Force Against Terrorists” (AUMF) to assign military to patrol American streets as a matter of routine.
AUMF was a collaboration of the Congress and the US Armed Forces to battle against the attacks on 9/11. According to the text, the AUMF empowers the president when “acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad”, threatens national security and foreign policy with “grave acts of violence” then “the President has authority under the Constitution to take action to deter and prevent acts” with the use of military force.
While the House prepares to address dictatorial powers afforded to Obama, the Department of Homeland Security (DHS) have ordered more .40 caliber S&W jacketed hollow point (JHP) rounds for the Federal Law Enforcement Training Center.
The solicitation reads: “LI 001: Ammunition, Commercial leaded training ammo (CLTA) Pistol .40 caliber 165 grain, jacketed hollow point (JHP) p/n P40HSTS3G or equal – Brass casing. Quantity of 360,000 rounds -newly loaded unit price per 1000 rounds with FOB Destination., 360, CA.”
DHS claims that they “regularly” fill orders for “goods and services requirements” all at once because it saves money. Peter Boogaard, spokesman for DHS clarified the recent solicitations for ammunition placed by DHS as going to the agency; as well as law enforcement.
Boogaard said: “With more than 100,000 armed law enforcement personnel in DHS, significant quantities of ammunition are used to support law enforcement operations, quarterly qualifications, and training, to include advanced firearms training exercises.”
House Representative Doug LaMalfa and 14 other supporters collaborated on a letter to DHS asking why the agency has purchased over 1.6 billion rounds of ammunition.
LaMalfa asked DHS:
• Why they have purchased 1.6 billion rounds of jacketed hollow point bullets? • How many rounds do they currently possess? • Why has DHS redacted certain information in solicitations? • Is this an attempt to stall public access to ammunition by manipulating manufacturers? • How much as DHS spent currently on ammunition; including plans for future purchases.
Senator Leonard Lance has also asserted that Janet Napolitano, Secretary for the DHS, explain the recent ammunition purchases and explain whether or not the agency is stockpiling deadly hollow point bullets.
Paeegy Dixon, spokesperson for the Federal Law Enforcement Training Center in Georgia stated that these rounds were purchased for shooting ranges and training exercises.
Using the war on crime and drugs as an excuse, the Pentagon has been arming local police departments (LPDs) since the 1990s with the assistance and approval of local elected officials.
DHS grant funding to LPDs have totaled $34 billion as defense contracts continue to come without fail. Riot gear, military-grade weapons and training are becoming common place in cities and townships across the nation.
Timothy Lynch, director of the criminal justice project at the Cato Institute, states: “What is most worrisome to us is that the line that has traditionally separated the military from civilian policing is fading away. We see it as one of the most disturbing trends in the criminal justice area — the militarization of police tactics.”
All LPDs across the nation are encouraged by DoD to apply for federal grants and participate in the program.
In early 2012, the Department of Homeland Security (DHS) released a report entitled “Homeland Security and Intelligence: Next Steps in Evolving the Mission” which outlined in part on how to redirect efforts of the federal government from international terrorism toward home-grown terrorists and build a DHS-controlled police force agency that would control all cities and towns through the use of local police departments.
DHS maintains that “the threat grows more localized” which necessitates the militarization of local police in major cities in the US and the training of staff from local agencies to make sure that oversight is restricted to the federal government.
In his YouTube video, General Amos warns about a “different landscape” and encourages people to think smarter. The General also encourages Marines to, “Save every round, every gallon of gas.”
When people like General Amos, Retired Army Captain Terry M. Hestilow, Retired Army Lt. Gen. William “Jerry” Boykin, FBI Insiders, CIA Operatives and Forensic Profilers start publicly warning us of the threats that lie before us it is almost too late. Now is the moment to educate yourself and others and to get prepared before America, the greatest experiment in liberty and opportunity for individual freedom, is swept into the dust bin of (re-written) history, without even a fight as Americans go over the edge like lemmings…
Mark E. Kelly, husband of Gabby Giffords, was recently sited purchasing an AR-15… that’s right, an ‘assault weapon’ (that nobody needs) per the administration. Normally people would say, “So what?!? Good for him! Patriotic and sensible since they know the price of not being able to defend yourself, being in a gun-free zone or just normal for Arizona.
Because the thing is that they were not always pro-gun control, let alone gun confiscation. Let us remember that: Representative Giffords and her husband Mark E. Kelly were strong second amendment, pro-gun advocates as well as a gun owners even after she was shot, until they were co-opted by the cause! In an interview soon after the tragic shooting of his wife, Rep. Gabrielle Giffords, former astronaut Mike Kelly said he was not in favor of new or strictor gun legislation that would restrict the second amendment. They were very much in step with the parents of the 9-year-old (youngest victim) of the same shooting spree.
The problem is that now that this information has been leaked, it leaves Mr. Kelly in a tough spot requiring either a little truthfulness or a lot of back peddling. Seems Mike might have chosen to swim?
Mark E. Kelly, gun-control proponent and husband to former Congresswoman Gabby Giffords, recently purchased an AR-15 (an "assault weapon," he called it) —which he now says he intended as an illustration of the need for more stringent gun laws.
Photo: Captain Mark Kelly/Facebook
Kelly reportedly bought the AR-15 and a 1911-style semi-automatic pistol at a gun store in Tucson, Arizona.
Breitbart News received a tip on this when Neil McCabe, editor of Guns & Patriots newsletter, contacted us on March 7 and said:
Mark E. Kelly, made purchases which included an AR-15–sometimes described as an "assault rifle"–at 3:30 pm on the afternoon of March 5 at Diamondback Police Supply, 170 S. Kolb Street, Tucson, AZ.
According to McCabe, witnesses to the purchases claimed Kelly purchased "high capacity" magazines as well.
On March 6, McCabe contacted Kelly’s gun control group – "Americans for Responsible Solutions"–and on March 8 they replied that his message had been passed on to colleagues who handle press requests. Breitbart News then began investigating the details surrounding the purchase, including visiting the gun store.
Suddenly, Kelly announced on his Facebook page that he was not going to keep the AR-15, which he has yet to pick up from the store.
Days after making the purchases, Kelly wrote on Facebook:
I just had a background check a few days ago when I went to my local gun store to buy a .45. As I was leaving, I noticed a used AR-15. Bought that too. Even to buy an assault weapon, the background check only takes a matter of minutes. I don’t have possession of it yet but I’ll be turning it over to the Tucson PD when I do.
Testifying to the Senate Judiciary Committee Jan. 30, Kelly had urged senators to restrict sales firearms based on their lethality–a common refrain with other witnesses that day, who argued that semi-automatic weapons, which chamber subsequent rounds as bullets are fired, and other guns with military-style features level the playing field against law enforcement.
Kelly and Giffords founded their own advocacy group to restrict gun rights, Americans for Responsible Solutions, in January. On its website, ARS wrote: “High capacity magazines are a deadly factor in gun violence.” A 30-round magazine is considered a high-capacity magazine.
The ARS website says: “Congress should act to limit the sale of high capacity magazines, which are not needed for hunting or self-defense, but have proven very lethal.”
Similarly, the ARS website says: “Congress should act to limit the sale of assault weapons.
In February, Kelly told Fox News Sunday’s Chris Wallace that lawmakers need to address "assault weapons." He said the purpose of an "assault weapon" is "to kill a lot of people very quickly," and he lamented that such products were "too readily available."
Kelly has not commented on whether he will also return the .45 caliber semi-automatic pistol he purchased.
Yeah sure and why would buying one be difficult for him… it’s not like he has a criminal record, isn’t a high profile liberal and has been diagnosed with a mental illness lately… though liberalism should be defined as a mental illness in the DSM.
Tucson, Arizona Quietly Placed Under Martial Law? - Hmmm… Arizona, wonder if there is a connection? And let us remember that: Representative Giffords and her husband Mark E. Kelly were strong second amendment, pro-gun advocate as well as a gun owners even after she was shot, until they were co-opted by the cause!
Prior to writing this article, this writer telephoned the Tucson mayor’s office to seek comment for this story. A lady answered the phone who said her name was Kimberly. When I questioned her about the purpose and intent of the resolution, she stated that she was “not at liberty to discuss” the matter. Further pressing her on the fact that.....
Davis-Monthan AFB in Tucson, Arizona. Photo: U.S. Air Force
Mayoral resolution approved by council gives power to military
Martial Law is defined by Random House dictionary as:
1. the law temporarily imposed upon an area by state or national military forces when civil authority has broken down or during wartime military operations.
2. the law imposed upon a defeated country or occupied territory by the military forces of the occupying power.
In my last article, I explored the Martial Law declaration that was issued in the aftermath of Hurricane Sandy and its devastation. I made the statement that I believe we are beginning to see the unfolding of a new norm. A trend seems to be evolving where local, state, or regional officials are using states of emergency or outright Martial Law declarations to deal with small-scale problems.
Since that time, we have seen three states — Connecticut, Rhode Island and Massachusetts — all issue emergency declarations, restricting travel, due to an anticipated snowstorm. One might ask how could it be that northern states might be so ill-prepared for a major snowstorm so as to warrant the suspension of thousands of individuals’ right to travel? Imagine... snow in the north! In the winter! Who would have thunk it?
Massachusetts Governor Deval Patrick issued an executive order on February 8th, banning all civilian travel with certain very specific exceptions — mainly emergency services, the media, and those contributing to critical infrastructure and resources. Numerous media sources reported that violation of the Deval’s order would carry with it a potential $1,000 fine and up to a year in jail! What if your wife was pregnant and you needed to get her to the hospital? Guess you’re out of luck, huh? What if you have some other emergency? Too bad for you! Your exception to the rule wasn’t mentioned in Dictator Deval’s order.
Aside from the fact that there are countless legitimate reasons for people to be on the roadways during a major snowstorm — many of which couldn’t possibly be foreseen by an executive decree — this “Deval” governor has no business restricting the people’s right to travel. Yet, that is exactly what he did, which is completely unnecessary and should be considered unacceptable to the populace. He should be immediately recalled, and state legislative guidelines should be put into place, making it a criminal offense to use executive orders for purposes such as this. Encouraging people to stay off the roads is fine. Mandating it under threat of massive fines and imprisonment? Not in a free society.
On the heels of that outrage, we now learn that on February 20th, Tucson, Arizona Mayor Jonathan Rothschild — yes, that’s really his name — issued Resolution #22006 (pdf) which declares a state of emergency in the city of Tucson.
Section 1 “recognizes” the leadership of the Davis-Monthan Air Force Base “to make the appropriate decisions when balancing National Security and community needs when it comes to their existing and future military mission and assignments.”
What “future military mission and assignments” might warrant the need for the military to make decisions and address community needs? What “National Security” crisis could be foreseen as to warrant a military base to operate independently of duly-elected government representatives? The resolution doesn’t say.
Section 2 specifies, “The various city officers are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution.”
Presumably, this would mean that all city officers, including the local police chief and city police officers would now be under the ultimate authority of the military, who in turn answer to the commander-in-chief of the armed forces — the Oval Office usurper.
The Resolution further states in Section 3: “WHEREAS, it is necessary for the preservation of the peace, health and safety of the City of Tucson that this Resolution become immediately effective, an emergency is hereby declared to exist and this Resolution shall be effective immediately upon its passage and adoption.” It then states that it was adopted by the mayor and council on February 20, 2013.
Prior to writing this article, this writer telephoned the Tucson mayor’s office to seek comment for this story. A lady answered the phone who said her name was Kimberly. When I questioned her about the purpose and intent of the resolution, she stated that she was “not at liberty to discuss” the matter.
Further pressing her on the fact that the resolution actually declares a state of emergency for the city of Tucson, I inquired as to what the nature of the emergency was that would warrant such a declaration. She indicated that there was no real emergency and that she “had been told” that the language was “standard language” used in all of their resolutions.
I then asked, “you mean every time the mayor signs a resolution, he declares a state of emergency?”
She then replied, “no” and proceeded to offer to take my name and contact information down, so that her communications director could call me back to explain.
As we send this article to be published, we are still awaiting that call.
I would also take the time to watch this short video from one of the co-counsels on the case as to exactly what the government is arguing in court. Not a word from the mainstream media on the most important court case in American history. One that will decide the fate of a law that will effectively dismantle at least a third of The Bill of Rights.
NDAA: The Most Important Lawsuit in American History that No One is Talking About
Despite a mainstream media blackout on the topic, the alternative media is abuzz with this week’s hearing on the constitutionality of the clearly unconstitutional NDAA. In case you don’t remember, section 1021 of the NDAA, which Obama signed into law on December 31 of last year, allows the government to lock up U.S. citizens indefinitely without a trial. At the time of signing, Obama penned a pathetic letter to many of his outraged supporters where he basically said he signed it but he won’t use it. Thanks pal!
In any event, the Administration is showing its true colors by appealing an injunction that judge Katherine Forrest issued against it in May. The injunction was in response to the lawsuit filed by Pulitzer Prize winning journalist Chris Hedges and others. While the NDAA clearly vaporizes the 5th and 6th Amendments of the Constitution, I believe the real target is the 1st Amendment. By having a law on the books that allows the government to arbitrarily lock anyone up and throw away the key, the government is actually trying to instill enough fear in people that they self-censor speech and become too afraid to criticize the criminal political and economic ruling and elite oligarchy… both here in the United States (Progressive politicians and media) and globally including members of groups like the CFR, the Bilderberg Group, the Trilateralists, International Bankers, etc.
Tangerine Bolen is one the lead plaintiffs in the suit against the government and she penned a powerful piece for the UK’s Guardian. Here are some key quotes:
I am one of the lead plaintiffs in the civil lawsuit against the National Defense Authorization Act, which gives the president the power to hold any US citizen anywhere for as long as he wants, without charge or trial.
In a May hearing, Judge Katherine Forrest issued an injunction against it; this week, in a final hearing in New York City, US government lawyers asserted even more extreme powers – the right to disregard entirely the judge and the law. On Monday 6 August, Obama’s lawyers filed an appeal to the injunction – a profoundly important development that, as of this writing, has been scarcely reported.
Judge Forrest had ruled for a temporary injunction against an unconstitutional provision in this law, after government attorneys refused to provide assurances to the court that plaintiffs and others would not be indefinitely detained for engaging in first amendment activities. At that time, twice the government has refused to define what it means to be an “associated force”, and it claimed the right to refrain from offering any clear definition of this term, or clear boundaries of power under this law.
This past week’s hearing was even more terrifying. Government attorneys again, in this hearing, presented no evidence to support their position and brought forth no witnesses. Most incredibly, Obama’s attorneys refused to assure the court, when questioned, that the NDAA’s section 1021 – the provision that permits reporters and others who have not committed crimes to be detained without trial – has not been applied by the US government anywhere in the world after Judge Forrest’s injunction.
On Friday, the 16th, Obama signed a new Executive Order into being and this one’s timing is very curious. Ed Morrissey (who I highly respect) of Hot Air says that it is simply a reissue of an EO that is 18 years old, that was issued in 1994 by Bill Clinton – EO (12919). I find myself mostly in agreement with Morrissey. The EO is vague and far-reaching. Basically Morrissey points out that it simply adds the DHS to the mix of departments and is apparently just an update.
In fact, that’s almost entirely what it is. The original EO dealing with national defense resources preparedness was issued in 1939 (EO 8248) according to the National Archives. It has been superseded a number of times, starting in 1951 by nearly every President through Bill Clinton, and amended twice by George W. Bush.
I find the following to be of significant relevance:
Obama has added to Section 201(b) the phrase “under both emergency and non-emergency conditions.” In 12919, though, the duties of the Cabinet Secretaries were not limited to emergency situations in Section 201(b), either. And in both EOs, section 102 specifically notes that the EO is intended to ensure defense preparedness “in peacetime and in times of national emergency.”
So, is this a signal that Obama could use his powers during a ‘non-emergency?’ I would certainly not put it past him.
On March 16th, President Obama signed a new Executive Order which expands upon a prior order issued in 1950 for Disaster Preparedness, and gives the office of the President complete control over all the resources in the United States in times of war or emergency.
The National Defense Resources Preparedness order gives the Executive Branch the power to control and allocate energy, production, transportation, food, and even water resources by decree under the auspices of national defense and national security. The order is not limited to wartime implementation, as one of the order’s functions includes the command and control of resources in peacetime determinations.
And:
Additionally, each cabinet under the Executive Branch has been given specific powers when the order is executed, and include the absolute control over food, water, and other resource distributions.
That gives the President sweeping powers and should raise the alarm level in all Americans – those with a survival instinct any way.
When I first saw the Executive Order, it gave me great pause. In fact, my blood ran cold and I assumed that I was hearing that he was getting ready to declare martial law. I’m all for conspiracies, but let’s pick the right one. Not a feint to the right, when they are really dodging to the left (far left that is).
Ask yourself, why was this issued now and why this Executive Order? Three and a half years into Obama’s presidency… Nothing is what it seems in this administration, so let’s noodle on this shall we?
If you were a Progressive Marxist who was desperate to retain your hold on power in the Presidency and your numbers were dropping like a ten ton stone, what would you do? Ah, now we start looking for the real motivations here. If he follows history and the actions of past leaders, he would go to war if all else failed. Enter Iran. See the graphic below from STRATFOR:
Very, very interesting. This is STRATFOR’s Navel Update Map from March 14th, 2012. If you were a gambler, you would call this a strategic ‘tell.’ Watch the other hand. Observations from a friend on another forum:
There are now 5 US and French carriers postured for war with Iran. If the French have a helicopter carrier in the area…that would make 6.
Desert Storm naval power was launched from the decks of 4 US carriers. Four nuclear powered large carriers are present in the mix at this time. Plus “helicopter carriers” that carry full complements of Marines and enough jets for limited strikes or general fleet defense.
Everyone (US and Anglo/Euro/Arab Allies) is moving Subs, Frigates, Destroyers, Cruisers, Mine Warfare Ships, and Mine Hunting Air assets into the region.
The Israeli Navy passed two of their 13 large surface combatants south through the Suez Canal this week, apparently escorting a French Fleet Resupply Vessel (1 of 4 the French possess). The Israeli ships included one of their three largest corvettes and an accompanying medium missile boat, making a movement into the Red Sea not seen since 2009, when they sent a pair of much smaller (and less capable) vessels through the Canal.
Purposes? Well, if a French supply vessel were carrying critically anticipated wartime replenishment for the nuclear powered French Carrier Charles DeGaulle…someone might think that ship required escort during a time of imminent hostilities. And if every other Allied escort vessel were already east of the Suez, somebody asked the Israelis for their help. Which might indicate a little more prior coordination between Israel and the US than is being admitted in public.
Of course, the Israelis may be moving the vessels to protect their Red Sea base at Eilat, but why would they need to…unless they anticipate fireworks? The Israeli vessels are primarily equipped as SAM and SSM mission craft. Plus the usual mix of ASW, EW, guns, torpedos, CIWS. Could be useful if you were going to tee off on Palestinian forces in the Sinai and anticipated the Egyptians disputing the action…
Of course if you had passed a Dolphin submarine or two through the Canal as part of that surface movement, you’d have your national nuclear deterrent / precision strike capability a lot closer to Iran and protected in waters dominated by the worlds largest friendly naval armada…wouldn’t you? In which case, the “escort” of the French vessel was merely cover for action…to actually escort Israeli strike capability to a better postured location.
Meanwhile, US naval activity with the remainder of our carriers is…busy. There is a high level of readiness, with several amphibious carriers currently visiting the Pacific or out to sea in the Atlantic accompanying 2 more super carriers actively conducting workups…as opposed to being tied up in port. Announced Exercises and training qualifications are happening at a busy pace…and have been for the last month or so. If war comes, this country is postured to put 7-8 nuclear carriers against the problem. That’s a fairly high rate of readiness during more normal times.
In other words, US carrier availability is at about the highest potential level of availability as is possible. Everything that can sail is postured to do so or already off our coasts. No accident.
Meanwhile, the US continues to apply pressure to Iran’s economic carotid artery...
Everything fits together if you look at it right. Syria, Israel, Iran, the US… Obama is not incompetent, he does everything for a reason. He’s getting ready to dance in the Middle East, but he’s not doing it for our friend and ally Israel. No, he’s in reelection mode and he wants a whole bevy of issues swept under the carpet and a war is the perfect distraction. I don’t think he has any intention of ‘winning’ it – this is just so he can finish what he started in the US – ‘change’ the Marxist way that is.
I believe that World War III has already begun. This war will not just be Iran and the US – it will be a World War with allies on both sides of the aisle. Guess which side Russia, China, Venezuela and N. Korea will be on? This could well be not only a cyber war, but a nuclear war. Do not fool yourself into thinking that we will be safe from the war because we have an ocean between ‘us’ and ‘them.’ That is no longer true.
So why issue an EO that was already out there, merely updated with new agencies and the inclusion of non-emergency situations? My take, he’s getting everything organized for a non-emergency named Iran. With the chaos of the American Spring coming, Depression economics in place with high unemployment, inflation and an eminent stock market crash, the timing will be perfect this fall to go to war and bring the top down on America. But don’t worry, they’ll at least call it an emergency… You know just so they can finally be rid of that old, dusty document called the Constitution.
Executive Order: National Defense Resources Preparedness The White House ^ | 3/16/12 | The White House
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.
Related Video: This is an excellent presentation/explanation of the new Executive Order.
THE KEY WORD IN THIS E.O. IS DECLARING MARTIAL LAW IN PEACETIME. This means that Obama can declare Martial Law at any time, for any reason, or no reason at all. It does not require a State of Emergency. This is a complete and utter Totalitarian takeover of America.
In concert with this E.O., the groundwork has been laid by the NDAA to detain you for any reason and no reason at all, AS WELL AS the most recent House Bill 347 that makes protest of our elected officials illegal, apparently, to suppress protesting treasonous acts such as this.
The pressure that has been applied to Governor McDonnell to sign HB1160 has forced him into an untenable position. It is no longer just Tea Partier's, etc, last week articles appeared in 3 major Virginia Publications in FAVOR of HB1160. If the state of Virginia nullifies the unconstitutional and treasonous NDAA, (essentially.), along with a dozen other legislatures that are following suit, it will strike a blow for liberty that will help thwart this well orchestrated take over. Is that why this odd, out of the blue, Executive Order has been issued, and released, as usual, after the usual news cycle is sleeping?
At the risk of seeming alarmist, in light of the overarching, irrefutable threat made manifest in the NDAA and H.B. 347, I find it incumbent upon ALL of us to sound the alarm and express our objections, firmly and unreservedly, to our Congressman, Senators, state legislators, and Governor or live with the consequences of complacency which is slavery.
Catherine Crabill, who ran for the House District 99 seat in November 2009
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