Barbara H. Peterson

Farm Wars

A new Executive Order signed on March 16, 2012, gives Obama the power to seize all forms of transportation, food, and any other civilian services including health care, for national defense, as well as to conscript necessary persons for a National Defense Executive Reserve. This is an all-inclusive E.O. that executes total control over everything from home gardens to any form of transportation, to forcing people to work for the collective. Read it and weep.

For those who think this new Executive Order will not affect you because you think we are not in a “national emergency,” understand that WE ARE, with Iran as the excuse. Obama signed a “Continuation of the National Emergency with Respect to Iran” on March 13, just three days before the following E.O.

The following submitted by Annie DeRiso

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

Section101Purpose.  This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the “Act”).

Sec. 102Policy.  The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national defense equipment in peacetime and in times of national emergency.  The domestic industrial and technological base is the foundation for national defense preparedness.  The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States.

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

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

(b)  assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;

(c)  be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements;

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

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

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

(b)  The Secretary of Homeland Security shall:

(1)  advise the President on issues of national defense resource preparedness and on the use of the authorities and functions delegated by this order;

(2)  provide for the central coordination of the plans and programs incident to authorities and functions delegated under this order, and provide guidance to agencies assigned functions under this order, developed in consultation with such agencies; and

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

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

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

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

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

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

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

PART II  –  PRIORITIES AND ALLOCATIONS

Sec. 201Priorities and Allocations Authorities.  (a)  The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071, to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads:

(1)  the Secretary of Agriculture with respect to food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer;

(2)  the Secretary of Energy with respect to all forms of energy;

(3)  the Secretary of Health and Human Services with respect to health resources;

(4)  the Secretary of Transportation with respect to all forms of civil transportation;

(5)  the Secretary of Defense with respect to water resources; and

(6)  the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials.

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

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

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

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

Sec. 202Determinations.  Except as provided in section 201(e) of this order, the authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense:

(a)  by the Secretary of Defense with respect to military production and construction, military assistance to foreign nations, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities;

(b)  by the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and

(c)  by the Secretary of Homeland Security with respect to all other national defense programs, including civil defense and continuity of Government.

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

Sec. 204Chemical and Biological Warfare.  The authority of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b), is delegated to the Secretary of Defense.  This authority may not be further delegated by the Secretary.

PART III  –  EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 310Critical Items.  The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to ensure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency.  Appropriate action may include restricting contract solicitations to reliable sources, restricting contract solicitations to domestic sources (pursuant to statutory authority), stockpiling critical components, and developing substitutes for critical components or critical technology items.

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

Sec. 312Modernization of Equipment.  The head of each agency engaged in procurement for the national defense, in accordance with section 108(b) of the Act, 50 U.S.C. App. 2078(b), may utilize the authority of title III of the Act to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of the Act.  In considering title III projects, the head of each agency engaged in procurement for the national defense shall provide a strong preference for proposals submitted by a small business supplier or subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2).

PART IV  –  VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES

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

Sec. 402Advisory Committees.  The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services.

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

PART V  –  EMPLOYMENT OF PERSONNEL

Sec. 501National Defense Executive Reserve.  (a) In accordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e), there is established in the executive branch a National Defense Executive Reserve (NDER) composed of persons of recognized expertise from various segments of the private sector and from Government (except full time Federal employees) for training for employment in executive positions in the Federal Government in the event of a national defense emergency.

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

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

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

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

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

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

PART VI  –  LABOR REQUIREMENTS

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

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

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

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

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

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

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

PART VII  –  DEFENSE PRODUCTION ACT COMMITTEE

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

(1)   The Secretary of State;

(2)   The Secretary of the Treasury;

(3)   The Secretary of Defense;

(4)   The Attorney General;

(5)   The Secretary of the Interior;

(6)   The Secretary of Agriculture;

(7)   The Secretary of Commerce;

(8)   The Secretary of Labor;

(9)   The Secretary of Health and Human Services;

(10)  The Secretary of Transportation;

(11)  The Secretary of Energy;

(12)  The Secretary of Homeland Security;

(13)  The Director of National Intelligence;

(14)  The Director of the Central Intelligence Agency;

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

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

(17)  The Administrator of General Services.

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

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

PART VIII  –  GENERAL PROVISIONS

Sec. 801Definitions.  In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152, the following definitions apply throughout this order:

(a)  “Civil transportation” includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities.  “Civil transportation” also shall include direction, control, and coordination of civil transportation capacity regardless of ownership.  “Civil transportation” shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly.

(b)  “Energy” means all forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy.

(c)  “Farm equipment” means equipment, machinery, and repair parts manufactured for use on farms in connection with the production or preparation for market use of food resources.

(d)  “Fertilizer” means any product or combination of products that contain one or more of the elements nitrogen, phosphorus, and potassium for use as a plant nutrient.

(e)  “Food resources” means all commodities and products, (simple, mixed, or compound), or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption.  “Food resources” also means potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product.

(f)  “Food resource facilities” means plants, machinery, vehicles (including on farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, and for the domestic distribution of farm equipment and fertilizer (excluding transportation thereof).

(g)  “Functions” include powers, duties, authority, responsibilities, and discretion.

(h)  “Head of each agency engaged in procurement for the national defense” means the heads of the Departments of State, Justice, the Interior, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, the National Aeronautics and Space Administration, the General Services Administration, and all other agencies with authority delegated under section 201 of this order.

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

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

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

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

(m)  “Strategic and critical materials” means materials (including energy) that (1) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (2) are not found or produced in the United States in sufficient quantities to meet such need and are vulnerable to the termination or reduction of the availability of the material.

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

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

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

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

(2)  the power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155, with respect to (i) authorities delegated in parts II, III, and section 702 of this order, and (ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858, as amended, provided that the subpoena power referenced in subsections (i) and (ii) shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer identified in section 802(a) of this order or by such other person or persons as the officer shall designate.

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

Sec. 803Authority.  (a)  Executive Order 12919 of June 3, 1994, and sections 401(3) (4) of Executive Order 12656 of November 18, 1988, are revoked.  All other previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent with this order or are subsequently amended or revoked under proper authority.  Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act.

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

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

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

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

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

BARACK OBAMA

THE WHITE HOUSE,
March 16, 2012.

http://www.whitehouse.gov/the-press-office/2012/03/16/executive-order-national-defense-resources-preparedness

Tags: , , , , , , , , ,

111 Responses to “New Executive Order Seizes Total Control over Civilian Activities”

  1. Neil says:

    The only way to beat them, is to vote with your feet

    The ballot box has been comprimised- thats a fact!

    Every freeman, and freewoman needs to move to a central area.
    Like the Rocky Mountain States for instance.
    There together we can have a real influence on things

    Throughout history, people(good and bad), have always fled to the mountains for safety.
    It is that much harder to root them out.

    If every family had their own few acres of land
    Enough to have a large garden for veggies and grains.
    A milk cow, and her calf
    A few chickens
    We would again become independent-

    If we came together united, in a common bond- to live free under the true principles of freedom(ie: the US Constitution as originally penned)
    We would become a covenant community- united in the defense of individual reponsibility, and freedom.

    …and a place of refuge for the millions that will flee the tyranny of Washington, and their globalist masters.

  2. Please see

    “Essential Civilian Demand”
    http://californiacannabisminis.....emand.html

    to understand why this Executive Order could be timely in ending Cannabis prohibition.

  3. President Barack Obama has joined the ranks of Presidents Franklin Roosevelt, Harry Truman, Dwight Eisenhower, John Kennedy, Richard Nixon and William Clinton, by signing the seventh Executive Order that identifies “hemp” as a “strategic resource.” This is also the second E.O., and the fourth federal document to acknowledge “essential civilian demand” as a part of a coordinated response to national defense.

    The status of Cannabis as a “strategic resource” obviates its present designation as a “Schedule One drug.” This is major, and ought to give the People access to hemp before the end of this spring planting season.

  4. mgw says:

    What is the number of this Executive Order please?
    Usually 5 digits.
    mgw

  5. There are very few options available to us. If Ron Paul won the presidency we could get back on course. But they will steal the election from him. If the military would perform a coup and arrest Obama that would be great except that the military has been purged of any Patriots. The States could nullify and even secede. But they lack a militia.

    It looks like lock and load time. Keep your powder dry folks.

  6. ChewyBees says:

    This order does not apply to me, a sentient being, a living breathing man, a form of life. It applies to corporate entities, which all laws govern. That means the 80 million Federal statutes, codes and orders do not apply to me either. Nowhere in the constitution, the only document I voluntarily consent to as a writ of authority, is there a call for any of this. There are also no amendments, ratified or otherwise, that call for a Federal government or such broad sweeping powers like Executive Orders. The whole ‘State of Emergency” is also a fiction because it was not and is not continually publicly announced, and thus it cannot be a valid form of amendment to the social contract since it is being enforced covertly and to the detriment of the social contract, or constitution. In other words, none of this rogue trade company parasitic takeover of America has an ounce of -authority in fact- it does completely under presumption (authority in fiction), and that’s where you all come in…
    Every ounce of energy and recognition you give to anything Federal empowers it, gives it life, makes it grow, and allows it to write your lives into debt slavery initially, and outright slavery as seen in this “executive order”. If you allow Federal to presume universal authority over your life, then they will take that allowance and take your life and do with it what they see fit. The minute you can summon the mental strength to separate Federal from constitution you will realize that the government waving the stars and stripes waves a Jolly Roger above it, and a Union Jack above that, A UN flag above that, an ecclesiastical flag above that and so on. Where are you on their flagpole? You’re flag is laying on the ground so they have a target to piss on. It should be at the top.
    …So, Stop singing their song, waving their flag, pledging unholy allegiance to their insidious faction of mobsters, and start taking full liability for yourself. By doing that you allow them zero liability over your. All of their mountains of laws are no more than pieces of paper, invalid and unsigned contracts, created in alien languages and enforced only under the consent of the governed. You are the governed. You consent. You admit that an government of pirates, no better, wait, worse than that named quite clearly in the Declaration of Independence, and allow them to do this to you?! To your family?! To life?! Is your pathetic shiny shit and whitewashed, fear-mongering ego so important that you would sacrifice all so you can have some pathetic vote in some worthless corporate election?
    Get a set of bells and release yourself from their bondage, right here right now. It starts with a mental reconfiguration of what your jurisdiction, status, dominion and authority actually is on this planet. If you are fully competent, know the difference between right and wrong, and are capable of manifesting higher emotion, you truly do not need stranger/overseers in the least, or their laws, or their governance. You especially don’t need a plantation owner selling your soul at market prices in exchange for a few more bails of cotton.
    Or, worship the beast in all its glory. That’s easier, until it’s not.

  7. Neil says:

    You all do realize, that the Pentagon has an army of shills trolling the internet-
    Their job is to nay-say information that brings to light things that they want hidden

    They could be posing with female names-

    Or they add a bunch of religious gobblygoop in a comment- to try and turn people off from reading the article

    Or disparaging remarks about “conspiracies”, and the nuts who follow them

  8. Don Gaines says:

    I agree with Glenn Beck so here is Glenn and My answer to this trash.
    I WILL NOT COMPLY.

  9. Neil says:

    Similar to what was passed by Germany during the Nazi period

    It looks forward to Total War

  10. marilyn jean forman-siebers says:

    Thank you for the information!!! I am not surprised at this. For many years our government has sold us down the river. So many things happened when we werent paying attention. I have been studying, researching and pondering everything since i was able to walk and talk. I questioned what i read and what i was taught in school. Nothing is at it seems. We all live under the delusion that we are free and safe. We are not free or safe. We have been made into “debt slaves” to the IRS, the banks, the utility cos, etc… We are property of the “NEWWORLDORDER”!!!! And we are expendible. If we dont serve a purpose, then we can be easily killed off. In my opinion, the plan is to create a nuclear war, and or a deadly outbreak of disease so that over 90 percent of us will die. If there are fewer of us to deal with it will be easier for their agenda to unfold completely. Think there will be a Presidential election? I seriously doubt it. I think Obama will declare himself the dictator and we will be under total martial law. But he doesnt have to do that in order to have us arrested and hauled off to a fema camp. So get prepared!! Because it is coming and most of us will be asleep!!!!1

  11. David says:

    This is just another step toward a totalitarian government. I fear that most Americans are frogs in a pan full of water. Each day, the government cranks up the temperature and people like Ruth don’t see the ultimate danger. Remember, our government was originally founded to secure the unalienable Rights of Life, Liberty and the Pursuit of Happiness — and that Governments derive their powers from the consent of the governed. We must somehow let this Government know that they no longer have our consent.

  12. Jon says:

    Its encouraging to see intelligent responses on this website. I have faith in the common decency of humanity. However, Its a sad day for humanity indeed.

  13. Publius says:

    The law perverted! And the police powers of the state perverted along with it! The law, I say, not only turned from its proper purpose but made to follow an entirely contrary purpose! The law become the weapon of every kind of greed! Instead of checking crime, the law itself guilty of the evils it is supposed to punish! Bastiat
    =====
    The choice is before Americans even more than it was under Patrick Henry. I am convinced that the choice has been made. Most prefer obedience to freedom and call their chains ornaments of beauty.

  14. Karen Von Allmen says:

    Thanks for the great article Barbara. I read this piece of trash last night and have been in high gear ever since. I don’t think this has much to do with Iran right now aside from Iran acting as a distraction. I think this has everything to do with “the King” not being re-elected this fall. If BO believes he will lose he will send out his SEIU(read his personal army) people to start riots in the major cities. OWS, the new one he just started (name escapes me), gas and food prices skyrocketing are all just the catalyst (excuse). Then he proclaims, with a wave of a piece of paper, martial law ostensibly to quell the rioting. He then suspends the Constitution as was done during the Civil War. End of Elections. Remember a few months ago he was trying to channel Abe Lincoln, who did indeed suspend the Constitution due to the war. He is telegraphing exactly what he plans on doing. Good luck to all of us and hope you’re keeping your powder dry!

  15. Jon E. Law says:

    Its only a piece of paper.
    You have to get people to follow it.
    The people that follow it are not Americans.
    Please let your fathers and mothers…sons and daughters…
    brothers and sisters who are in law enforcement and the military know how you feel about this.

  16. Obama is OBVIOUSLY preparing to follow in the footsteps of Joe Stalin! This new Executive Order is nothing less than an order for the state to seize and collectivize everything in the USA!
    Our farmers, ranchers, and homesteaders have been under attack. Now Uncle Sam can order their farm equipment, livestock or land seized and reallocated. Like Stalin did with the farmers in the Ukraine. Labor will be conscripted. This new order is nothing less than a wholesale redistribution of American wealth. And it is apparently being imposed as a preparation for a major war beginning with attacking Iran, while Russia and China pledge to support Iran in battle. Will you choose slavery? Or will you LIVE FREE OR DIE TRYING? Revive the SPIRIT OF ’76!

  17. Katherine says:

    101 Should be basic knowledge

    Folks, we ask for this each time we vote for [mere] mankind who can/will do nothing good because they’ve gotten so far away from the Only One Who Will never lead us astray. And those (whoever they may be) who put their faith and trust in politics=politicians=war=misery have gone right along with them though many don’t even realize it.

    Please read and or re-acquaint yourselves with First Samuel Chapter Eight The prophets’ words were not just for the folks back then but definitely are meant for us today.

    No doubt the so-called “religious institutions” of this world [engaging in partnership] with this world’s governments, corporations/businesses/media, are actually promoting, accommodating, bolstering and encouraging the execution) the carrying out of the task) of violent, malevolent, malignant and perverted actions which provoke and keep the world in utter chaos and violence.

    But! In reality, one is provoking God; Lord Jesus Christ. Everything we do in this world is recorded by God; everything! Are we not aware of this?

    PLEASE UNDERSTAND THIS:

    Wars=politicians=politics=misery do cause orphans, widows, famine, homelessness and all of the depravities, debaucheries and atrocities that have followed with the making of orphans, widows, famine, homelessness etc. that no sane person can really take it all in. But yet many simply look the other way at these facts. Wh8y? To protect the comfort and ease of their lives?

    People always listen to the people who have no idea of what they’re talking about regarding wars=politicians=politics=misery. Politicians? Please, give me a break! Churches? Oh, as if the Holy One would endorse violent, lunatic actions from mankind especially when it harms little ones where ever they may be. As if the Lord God would endorse man-made religions/doctrines/denominations in His Holy Name and that He would actually endorse making money, in His Holy Name off of all sorts of ridiculous and toady schemes?
    Do you really believe this is alright with God because we are “protecting” our countries? This is definitely taking God’s Name in vain; blind people!

    HOW DISPLEASING AND VILE FOR GOD CAN IT GET?

    WARNING: The depravities, debaucheries and atrocities that follow with deceptively created wars, national crises in any country, do accommodate situations which allow the pedophile rings of this world to prosper. Is this truly what we want?
    Please be forewarned: All of us will have that One on one. Yes, “leaders” of this world and this world’s “religious” institutions. This definiely includes you.

    Zechariah 8:17 Let none of you think evil in your heart against your neighbor; And do not love a false oath. For all these are things that I hate,’ Says the LORD.

    On “oaths”

    Examples; as in an oath to any “flag”; = a Masonic oath=an oath to protect any “so-called “constitution”, country, political entity, to any man or woman, to any court, to any “religion” or religious denomination etc., etc.; all of which is of this world $ *(Mat 5:37)* and is in complete disobedience to our Holy God’s Word. Disobedience will leave us deceived, and deception has led this entire world accepting harm done to others in many ways. This great deception has also led us into countless “wars” by [completely deceptive men]; politicans and so-called “religious individuals”.

    A reminder to the “pastors”, “priests” who are called father “, “reverends”, rabbis”, “elders” ,”deacons”, “imams” “bishops”, “pope” etc.

    HE MUST INCREASE; but i must decrease. JOHN 3:30

    Case in point!

    John 5:39-40 “You search the Scriptures because you think they give you Eternal Life. But the Scriptures point to Me!

    Yet you refuse to come to Me to receive this Life.

  18. Beth Adams says:

    It’s amazing how most people can’t or won’t connect the dots. They CHOOSE not to see how this applies to them individually, because they personally arn’t being affected at this very moment. They will only make the connection at the very moment when the doors of their apartments/homes are breached by armed FEMA/MILITARY/U.N. troops. Taken into custody, no questions asked. No rights what so ever. Their kids carted away to a indoctrination facility. Eminent Domain siezure of their property. Then they will be screaming…”WHY DIDN’T SOME ONE TELL ME?” “I WOULD HAVE DONE SOMETHING!” TOO LATE !! YOU ARE CHOOSING TO IGNORE IT ALL RIGHT NOW !!!!
    Barbara… You Rock !!!

  19. It’s an indemnity clause, Steven. Just about any contract has one, releasing everyone that is a party to the contract from liability. In this case, the indemnified “persons” would be the government, and any other “person” involved in the “contract.” “Persons” are corporations according to the law. In other words, if the government takes your house for national security reasons, you cannot sue.

  20. Dan says:

    We are keeping an eye on this as are others around us here in Texas. They are getting ready. Make sure we are ready also. We need to stick together. This is what scares them. We need a Congress to act on our behalf and not just lip service as we are now getting.

  21. Steven says:

    Barbara – what does this mean to you?

    This was the very last part of the EO:

    (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.

    It means to me – that I DO NOT NEED TO CONSENT. Read it very carefully….and btw — the United States is a corporation.

  22. BUBBA JONES says:

    This E.O. is about “rare earth minerals” EVERYTHING in the USA Economy is at RISK, for lack of REE’s…With-out REE’s, life as we know it in the USA, will cease to exist. MILLIONS of Businesses, and TENS of Millions of JOBS are at STAKE. OBAMA’s FORCED GREEN Mandate of ALTERNATIVE energy will not HAPPEN, as our Nation has NO access to REE’s. CHINA cut off our NATION 18 months ago…and the US GOV’t is NOW waking up…That this is the GREATEST THREAT TO OUR ECONOMIC WELL BEING…

  23. Pats says:

    It goes beyond national security… “…in peacetime AND times of national emergency.” is repeatedly stated.

  24. J.R. Barnes says:

    Ruth it embarrasses me to see that you even have the same last name as I. Please, do yourself a favor and read this again. After reading then maybe you would want make another comment. This is the start of a government take over. We are not here for them, they are here for us the “”PEOPLE””.

    Some people may not mind giving up what they have worked-for but I do not like the Idea-and will not do it with out a fight.

    We all need to pay very close attention to this. It is scary.

  25. Alessia says:

    The US has been in a state of emergency for many years so those that are aware of that fact may be lulled into believing nothing has changed so there’s nothing to worry about. But there are some significant differences this time around that may or may not change the status quo. First off, the key reason the US rose to become the world’s #1 superpower was the petrodollar. For those that are not up on what this is about, an agreement was made long ago that ALL oil transactions would be made in $ US resulting in the US becoming super rich. Libya abandoned the agreement and began trading in Euros. Gadaffi also wanted to do away with the world bank and issue is own currency, the dinar so that it would become the accepted currency throughout Africa. The rest is history.
    Today Iran wants to accept Euros instead of $’s which of course is unacceptable to the US hence the nuclear weapon development story. Sanctions have had little effect because Iran still trades with India, China, and Russia using gold.
    The second difference is that the US is on the verge of bankruptcy. The money to fund her consistent wars is not there but that isn’t going to stop her. Where will the money, raw materials, labor, etc. come from?
    Do you see how the pieces of the puzzle fit together given these circumstances? I must add this is just a theory and should not be construed a fact. The only thing that’s certain is that the president has a motive for these EO’s and recent laws. At the moment, I can’t find a better one.

  26. jim says:

    The best slaves are those that believe they are free!
    Welcome to the slave pens Ruth!

  27. Greg says:

    If you take this EO seriously, and you must, 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. Do YOU trust Obama not to abuse the powers this EO grants him?

  28. Iconoclast says:

    Isn’t it curious how when people like “Ruth” get shutdown, they immediately clam up. She has nothing to offer in rebuttal? What’s the matter Ruth, cat got your tongue?

  29. Churchill says:

    Yea, Signing martial law into law via Executive order makes it much more entertaining than hearing it vocally declared, or reading it in newsprint. From what has been in the past previously passed and signed to this Executive order, Big O. can only share the credit with the others. The stage is now set for the final act. And might we see the elections canceled due to martial law? It’s plausible, possible and intolerable.

  30. walt says:

    And all of these services by the people won’t be taken over easily. 300 million to one chance.
    An EO isn’t law anyway, unless we ok a dictator instead of a republic.

  31. Ruth is a troll or government stooge

  32. Mike says:

    Part 3 says it all. This is a speculators wet dream.

  33. jisa says:

    Ruth’s comment calls to mind a quote:

    “The most dangerous people are the ignorant.”
    — Beecher, Henry Ward

    So is she ignorant — or complicit? Her comment has a scent of disinfo — too much ad hominem and not much issue.

  34. Marti Oakley says:

    Can you read Ruth? This is in response to Panetta and Dempsey informing the Senate that they are no longer a consideration when declaring war. Both claimed their authority to wage a war now comes from the UN and NATO.

    This was an open statement of the intent of this president (and it will be used by each successive president whether Democrat or Republican) to wage war, force a draft, procure resources ie., what belongs to you maybe, to control agriculture, energy and resources in the event they decide to start another war which they have..IRAN.

    Part II Sect.B under both emergency and non-emergency
    conditions.

    They don’t even have to state it is an emergency for national defense.

    no one is trying to protect you, you fruitcake! They don;t give a crap about you. You are expendable….useable….cannon fodder……….get it????

    MARTI OAKLEY (female, Dave!)

  35. Dave, LOL!!! I wrote the article. Are you aware that you contradicted yourself?

  36. Dave says:

    Notice how women tend to be the ones who ridicule those of us that believe these EO’s to be setting up the framework for tyranny.
    This lack of perception & distrust in government is why our founders didn’t want them voting.

  37. Marapa says:

    PROTECT US FROM WHAT ? PARANOIA can be treated once you ask for help : )

  38. I did not mean to criticize, Susan. I was attempting to point out that this Order, which follows on the heels of the extension of a state of emergency is alarming, and should not be marginalized.

  39. Susan says:

    Barb, What are you criticizing Grandaddy for? I didn’t see anything wrong with what he wrote….Please explain

  40. Nice try, GrandDaddy, but that tactic simply will not work. All anyone needs to do is read Part 2, Sec. 201 to realize that this is a threat to all Americans.

  41. The most alarming sections are Part 2, Sec. 201 A,B and E, Joe. This allows the takeover of everything in emergency or non-emergency conditions, including “the general distribution of any material (including applicable services) in the civilian market.” And we are in a national emergency, and have been for years. It just keeps getting extended.

  42. GrandDaddy says:

    Clinton issued an identical EO in 1994. It went out on the internet BBS alt.conspiracy back in the old days. The only thing this does is renew the dictator’s power to take over everything at his discretion. Notice the part about using human resources WITHOUT COMPENSATION. Freaked everybody out in ’95.

    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.

  43. Joe says:

    I read the whole thing but I don’t really understand it, from what I got, in a national emergency Obama can take over everything. Is this correct?

  44. jr says:

    Get your head out of your arse Ruth! You IDIOT.

  45. Mike Henderson says:

    When will the people wake up .this is total bull. Time to throw the yoke off and take back our govt. the mental patients have run amuck long enough. AS THEY SAY OFF WITH THEIR HEADS

  46. Mike says:

    Excellent article, Barbara. Thankyou.

    Pay no attention to the “Ruth” types. You can’t fix stupid.

  47. John h says:

    Ruth – to protect us? Ha ha ha hahahahaha! do u trust government force? Governments rule by force.

    do NOT trade your “security” for your liberty – EVER. it always goes bad for the citizen.

    We have MORE than enough laws on the books to keep us “safe” for crying out loud.

    this EO is like telling us something bad – very bad – is coming. government doesnt do anything on ‘accident’ – there are reasons for all this garbage…

  48. John h says:

    WHAT ON EARTH is all this for? THIS IS RIDICULOUS. OBAMA is planning something – this is overkill, over the top – something is up. call me all the names you w ant but this is more than just standard stuff….

  49. And I suggest you take your head out of the sand, Ruth. Did you even bother to read the whole thing and actually understand it? NO, you didn’t. Come back when you can launch a real argument based on facts.

  50. Ruth Barnes says:

    Who writes these articles? There is nothing anti-american or anything that takes rights away from citizens, etc… These bills etc are to protect us all. Unfortunately there are conspiracy nuts that see some evil agenda hiding behind every bill or piece of law passed… Come on folks.. grow up