By The People

There are fundamental flaws in how American government operates today,
contrary to the Constitution and the vision of a representative republican form of governance.
I intend doing something about it: by educating and informing others who
are not even aware of the dangers.

Saturday, March 31, 2012

Who Wins?


With all of the media coverage of the 4th rate candidate Willard “Mitt” Romney as the favorite son of the Republican Party for 2012, it begs the question as to why that is so. After all, he finished behind eventual winner John McCain AND Mike Huckabee in 2008. So how can Americans support him now?

In a previous post titled, “Obama Issues Kill Order on Ron Paul” it would seem apparent that the Obama team is not concerned about Mitt Romney at all... in any way. Why not?

The answer may be as simple as this:  They are so much alike that people would rather keep what they have than take a chance on another with the same ideologies. Now most people who listen to him will disagree with that assessment, although their opinions generally are based on what they get from the privately-owned major media. Romney admits that he "just had to" bend to the left because while Governor, he felt pressured when dealing with a Democratic majority in the State Assembly. But now he wants all of us to trust that he will be a conservative President regardless of pressures, as if the president is under much less pressure than the Governor of the state of Massachusetts. While most of the media still supports and praises Barack Obama, Rupert Murdoch-owned Fox News spins the “party backed conservatives” as somehow being conservative and so it has adopted Romney and Santorum as their favorite sons.

Rick Santorum has made some remarks recently that demonstrates he is unfit for service to this country. His lack of concern for the needed characteristics of a President is evident. He told a questioner that, “If you want a conservative President then vote for Ron Paul.” and then recently, he lashed out at a NY Times journalist saying, “That's bullsh!t!” which of course made the network news. What the privately-owned major media did not report on was Santorum's lack of concern over his decisions and actions that cost American Veterans, here at home, to loose their lives. Santorum also has admitted that he voted for bailouts and supported unprovoked undeclared unilateral warfare, military actions, even though it was not approved by Congress until after the fact. Santorum stated that he “is a team player” and that is why he voted with the party. He also voted in favor of the unions and again used the excuse that it was good for his Pennsylvania supporters. What he didn't say was which supporters he was referring to. It is evident that it was the unions and not the workers. Maybe what is really  needed in American politics is someone who is not a team player, after all it has been the team players that have caused most of the problems in America.

Newt Gingrich, the self professed socialist, is quick witted with words of the moment and has lots of his own ideas about how to fix America, but he lacks integrity as his past shows. Infidelity in marriage and questionable ethics while Speaker of the House. Not that either of the other two aforementioned candidates have shown much more integrity or honesty in public service.




 Romney, Santorum, and Gingrich all truly believe, just as the Bush's did and Obama does, that unprovoked undeclared unilateral warfare is smart and right, that casualties of war are to be expected and by implication there are no innocent bystanders. Tell that to the more than one million dead Iraqi children. Tell that to a people, a culture, a world heritage, a country that lays destroyed. And now they are pounding the war drums with intentions of doing the same thing to Iran. Is it any wonder that America is the most feared and hated country on the surface of the Earth?

Now we come to why Ron Paul is silenced by party backed conservatives. Simply put, because he can and will dismantle much of the unconstitutional bureaucracy in government and return many of the decisions to the States where they belong. The left has ignored Dr. Paul by either saying he is unelectable or by saying he is too radical. His 35 year record of being elected speaks differently in volumes and to the ever more socialist left, radical means anyone that is a conservative. The privately-owned major media is under executive order not to mention or to make negative mention of Dr. Paul.  Dr. Ron Paul can easily win the RNC nomination and presidency in November, if RNC will stop rigging the vote all across the country and if Citizens will listen to facts and not the hyperbole being spewed out by the privately-owned major media.

He has pledged to cut spending by $1 Trillion in his first year and have a balanced budget by his third year. He vows to eliminate 5 cabinet departments, abolish the TSA and corporate subsidies. He will stop foreign aid and foreign wars. As he has stated many times, as President, he will seek the approval of Congress before committing troops to combat and will consult with the military leadership to create a strategy to decisively win a war if we become involved in one. He will bring home the troops from the Middle East rather than have them moved from Iraq to occupy a nearby foreign country.

Because of Dr. Paul's policy against the U.S. policing the world militarily, his detractors say he will destroy our military defenses by not being the lap dog for United Nations and NATO Globalist policies, and turn us into an isolationist nation. Obviously they either did not listen to him or they are just spinning it to suit their own agendas. Ron Paul will reinforce the national defenses and start by securing our borders. Standing armies are prohibited by the Constitution so there would be fewer troops required in times of peace.

The problem has been that we have not had times of peace at all since World War II. Besides Korea in the 1950's and Vietnam in the 1960's we were also in a 'cold war' with the Soviet Union until its demise in the 1980's, but by then we had established military bases around the globe, “protecting America” from foreign invasion. It seems to me this strategy is failing, just as is the case with the “war on drugs,” the “war on poverty,” and the “war on terrorism.” When there is no hostile enemy one is created in some false flag operation. Dr. Paul will stop that from happening again.

Opponents also claim that Ron Paul will allow the enemies of our ally Israel to develop nuclear weapons and destroy that nation. There is a problem with that logic because one of Islam's most holy sites sits right along side of the ruins of Solomon's Temple. I doubt that Iran will nuke it when that would draw the wrath of Muslims world-wide

The only weapons of mass destruction that the Bush Administration claimed that Saddam Hussein had were biological weapons given to him by Ronald Reagan and George H. W. Bush during their terms in office. Reagan and G.H.W. Bush also supplied the mujadeen (the Taliban) with Stinger missiles which they used against the Soviets during their occupation of Afghanistan.


It would seem on the surface that these groups hate us because of our liberties,  our Judeo-Christian ideologies, and our secular government. But they are angry because they have been exploited to no small degree. American corporations with State Department and CIA support, created dictatorships where there were valid democratic elected governments. Ferdinand Marcos in the Philippines, Mohammad Reza Shah Pahlavi in Iran, and Manuel Noriega in Panama to name just a few.


 Given the short time that he had to address the questions about Islamic extremists during the debates, Ron Paul could not fully articulate what he meant when stating that these people were attacking Americans because we interfered in their nations. All of the war-mongers jumped on that as did the media, denouncing Ron Paul's foreign policy as dangerous to America and especially toward Israel.

Ask Israelis what they think about Ron Paul. Ask Iraqis, Iranians, Pakistanis, Libyans, Egyptians, Palestinians, Somalis. Ask our allies, Australia,  Canada, and the Scandinavian nations about his foreign policy. See if they concur with all of the Ron Paul detractors here in America. You may be surprised to hear or read what they have to say.


 I have been making these inquiries myself and was quite amazed at how many nations are looking toward this November's election and praying for Americans to elect Ron Paul. They love him!
And I do too.

Friday, March 30, 2012

A Safe America - Part 1


It seems to me that It is very important to remember that before the founding of this nation very independent thinking men became dissatisfied with rulers and struck out for a foreign shore. Since the founding of this country, it was imaginative individuals as entrepreneurs working, always with risk, toward a common goal through voluntary cooperation in both concept and spirit. Team work had very little importance in the founding of this nation. It was individual freemen that made this nation the strongest in the world: it was the concepts of individual strengths and the spirit of freedom that made an American who he was. To be sure there were communities which had various common functions; blacksmith, butcher, baker, candle stick maker, reverend, and often a bookbinder or printer of news. They all had weapons of one sort or another and when aggression occurred defended their family and home. On the occasion of threat to their community they band together as a militia to defend their communities.

Because of the type of mandatory education today, people have been trained to rely on government, not themselves for defense. Today there is more and more reliance on the government for almost everything including permissions. Americans in general have been trained to be various kinds of workers or soldiers. Thinking along this path leads to socialism. This kind of society requires group thinking, standardized actions, and regulated activities. Team work is only important in highly structured social undertakings; the minuet, Virginia reel, football, soccer are some of the things that come to mind. Lock-step thinking and behavior becomes most important in successful social civilizations; colonies of ants, colonies of termites, colonies of bees, are successful due to the queens ability to produce an almost unlimited number of kinds of workers and soldiers controlled by chemical entrainment. Who wishes to strive to be an ant, termite, or a bee?

The various human attempts at hard core socialism have historically failed. These societies failed because they, by necessity, are controlled by the few who spend some amount of time on remaining in control and this inevitably leads to the people feeling disenfranchised in regard to the exercise of control over their own lives. These types of societies leave little or no place for individual imagination and improvement in their station of life. This inequitable and imbalanced condition becomes a generalized dissatisfaction with their station in life and a seeming paradox occurs. The people rely on government for solutions.

The situation in America, relying on government, for direction and safety when perceived threats are seemingly detected has become psychologically epidemic and endemic in the way Americans think. Americans have in one way or another allowed fewer freedoms, liberties, and rights to insure their safety from an ill defined aggressor. How safe are we... really?

Saturday, March 24, 2012

Just Around The Corner: or Obama Hear and See All 1984 Plan


It has now been revealed that the plan and ability to gather unlimited data and information on U.S. Citizens; regardless of terrorism, regardless of religious affiliation, regardless of political affiliation, regardless of occupation, regardless of location, has been put into effect according to Director of National Intelligence James Clapper testifying on January 31, 2012 before a Senate (Select) Intelligence hearing.


The similarities between methods of governance of the U.S. Government and the methods of governance described in the chilling book 1984 by George Orwell, the nom-de-plume of Eric Arthur Blair, are close enough as to be considered nonexistent. Never-ending wars with fictional enemies (pick one and add false flag operations and operations of misdirection), government interference at every level of existence, ever pervading ominous fear of government, a lack of personal rights, no free speech without fear of government reprisal, and the constant pounding of propaganda and persuasion spewing from radio, television, and the privately-owned major media to vote into office the very people that will continue this downward spiraling into a dictatorship backed up and enforced by a militarized police state. There are many more similarities; individuals ultimately own nothing, they are subject to indefinite detention, re-education, confinement, or simple death. These now legal methods and techniques of governance are in effect and are being implemented at an ever increasing rate and rate of proliferation.


Who is responsible for the concepts behind the powers hidden within; Operation MOCKINGBIRD, REX 84, Operation Granite Shadow, Operation Power Geyser, Operation Cable Splicer, Operation Night Train, Operation Garden Plot, Continuity of Government, FEMA, FEMA detention centers, Patriot Act, NORTHCOM, Department of Homeland Security, Department of Homeland Security and the U.S. Department of Justice's Fusion centers, TSA, TSA VIPR Teams and Roaming VIPR Teams, NDAA of various years, NDRP, and a never ending and increasing stream of executive orders from the White House. The list is increasing in length. Where is Judicial Review? Where is the U.S. Congress?


These are in front of you right now... March 24, 2012... I wonder what is just around the corner?

Wednesday, March 21, 2012

From Risky Gamble, To Disaster, To Debacle: The Democratic National Committee Plan


I have been reading and following an issue since 2006, with interest and ever growing concern. The rhetoric concerning; Muslim and Christian, black and white, oppressed and free, citizen and foreigner, liberal and conservative, democratic and republican, socialist and fascist, communistic and capitalistic, national and global, sovereign and slave, etc. and any other supposed highly polarized dichotomy is unimportant.

It seems to me that what is important is what our nation is based on which is the penultimate law-of-the-land and what is written in it. Any other argument is unimportant. It supersedes and defines all three branches of governance and their functions and places a self correcting system of checks and balances to prevent the corruption of equal exercise of authority and function of the three branches and U.S. Constitution itself.  The U.S. Constitution spells out and allows everything regarding our government and the rights of the states and all U.S. Citizens. The people are given the ultimate authority to amend or remove parts that are non-functional by way of the procedures contained within U.S. Constitution. The Declaration of Independence is equally important and spells out equally important concepts. Other documents are important and describe or amplify various concepts or beliefs which were imployed by the framers of the U.S. Constitution.

Our American Society is a Society of laws which are to be applied equally to everyone in all of the states and the communities within those states. Each State has a State Constitution which is the document of governance for the citizens of that state and is absolutely necessary to the governance of any rights not specifically stated in the national document of governance.

When any law or procedure that is outlined in the U.S. Constitution is not followed scrupulously, the worth of the U.S. Constitution and its function is reduced. Reductions of worth directly affect the laws, codes, ethics, and morals of the ways governance is applied both internally to the States and their people, and externally to other national entities and there people when in our country.

But enough of my opinions, and proceeding to what I think is important regarding the issue at hand. Namely, the issue of the eligibility of the person occupying the presidency. The qualifications are clearly delineated in the U.S. Constitution for everyone to read and understand. The comprehension of meaning was spelled out in the language and common understanding of the words at the time of composition.

The singularly primary qualification is one of "natural born citizenship" which stipulates both parents must be U.S. Citizens and the candidate must be born in the United States of America. There are other qualifications, to be sure, but they are taken as of secondary importance but must also be met. The person occupying the presidency can not meet the qualification of natural born citizenship regarding either stipulation. His father was not a U.S. Citizen and the candidate was not born in the United States of America. Everything else pales in comparison.

   

For anyone living in Barak's 57 States, the news that a new Birth Certificate has surfaced and has been revealed by the African Press International, API, and shows to be another original, official, certified, genuine and interesting piece of the issue surrounding the location and parentage of birth of the person occupying the U.S. Presidency is at the very least confusing considering the other original, official, certified, genuine birth certificates that have been displayed or uncovered.



The API on March 9, 2012, has reported that since March 6, 2012,they have been in possession of the certificate and a letter of authority from the Office of Registration of the Coast Provincial Hospital verifying its genuine nature. Whether or not the veracity of the API is questioned, the indisputable probity the document presents itself is all that matters, which has yet to be confirmed by any U.S authority or party interested in this issue. What can be said without question is there are too many of these certificates with conflicting facts and that alone is much more than sufficient to warrant a true and honest congressional investigation.


        

After the true facts are determined, and if a fraud is determined to have been perpetrated against the U.S. Constitution and the people of our nation, it should be obvious that all the people that participated in this conspiracy to place an ineligible person into office, be identified and placed in custody without bail until they can be charged with as many charges as can be filed. Then after impeaching and removing anyone the person occupying the presidency appointed to any position, void any and all instruments generated or signed or agreed to by any of these illegally appointed people including the president, and bar them, if any of them are ever released from prison, from holding public office anywhere within the United States of America for the remainder of their lives.

But, that is only what I think, personally I'm going to Disney Land, or maybe fishing or hunting.

Tuesday, March 20, 2012

Busy Bees Make A Shiny New Hive - or Welcome To Your New Government Run By The President, The Secretary of Homeland Security, and The Secretary of Defense



I read the new Executive Order signed on Friday last with great interest. Pretty exciting stuff!  I wonder what happened to Our Government?  Are we gearing-up for something?  



Why isn't congress involved in all these new laws and the ways our Government functions? 

I guess Congress isn't important anymore or they don't care!  I wonder why Congress hasn't IMPEACHED the people responsible?  
You don't need sunglasses to see more change is headed our way in Obama's Brighter New Future.

Change and The Brighter Future To Come: or Barry's Best Foot Forward: or American Business As Usual

"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 policy making 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 Counter-terrorism, 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."