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

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

The White House

Office of the Press Secretary

For Immediate Release March 16, 2012 Executive Order -- National Defense Resources Preparedness EXECUTIVE ORDER

NATIONAL DEFENSE RESOURCES PREPAREDNESS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and section 301 of title 3, United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:

PART I - PURPOSE, POLICY, AND IMPLEMENTATION

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

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

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

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

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

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

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

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

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

(b) The Secretary of Homeland Security shall:

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

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

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

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

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

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

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

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

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

PART II - PRIORITIES AND ALLOCATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PART III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PART IV - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES

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

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

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

PART V - EMPLOYMENT OF PERSONNEL

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

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

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

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

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

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

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

PART VI - LABOR REQUIREMENTS

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

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

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

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

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

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

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

PART VII - DEFENSE PRODUCTION ACT COMMITTEE

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

(1) The Secretary of State;

(2) The Secretary of the Treasury;

(3) The Secretary of Defense;

(4) The Attorney General;

(5) The Secretary of the Interior;

(6) The Secretary of Agriculture;

(7) The Secretary of Commerce;

(8) The Secretary of Labor;

(9) The Secretary of Health and Human Services;

(10) The Secretary of Transportation;

(11) The Secretary of Energy;

(12) The Secretary of Homeland Security;

(13) The Director of National Intelligence;

(14) The Director of the Central Intelligence Agency;

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

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

(17) The Administrator of General Services.

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

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

PART VIII - GENERAL PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BARACK OBAMA

THE WHITE HOUSE, March 16, 2012.


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To: coloradan

with a federal register that is too big to haul in a fleet of moving vans, convictions are easy to come by.


251 posted on 03/17/2012 9:24:44 PM PDT by editor-surveyor (No Federal Sales Tax - No Way!)
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To: hal ogen

>> “ If I survive, will my cell have a window or not?” <<

.
In a 2’x 2’ cell?


252 posted on 03/17/2012 9:29:22 PM PDT by editor-surveyor (No Federal Sales Tax - No Way!)
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To: Bryanw92

>> “ I often wonder how they would make me go back to work.” <<

.
Seriously, in this economy, how many would walk off from a job?


253 posted on 03/17/2012 9:32:06 PM PDT by editor-surveyor (No Federal Sales Tax - No Way!)
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To: ebshumidors

read later.


254 posted on 03/17/2012 9:53:54 PM PDT by lysie
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To: JohnKinAK

They forgot the “E” prefix to “NDER”.


255 posted on 03/17/2012 9:55:09 PM PDT by FedsRStealingOurCountryFromUs
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To: coloradan

Thirteenth Amendment: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

____________________________

The Constitution nor the Bill of Rights matter to our rulers.


256 posted on 03/17/2012 10:03:08 PM PDT by Chickensoup (In the 20th century 200 million people were killed by their own governments.)
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To: editor-surveyor

Islamists love slavery.

_____________________

I don’t and won’t.


257 posted on 03/17/2012 10:03:55 PM PDT by Chickensoup (In the 20th century 200 million people were killed by their own governments.)
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To: Chickensoup

Obummer is getting scary, because he is stupid and his handlers are smart, and powerful.

That simpleton is the world’s most useful idiot.


258 posted on 03/17/2012 10:19:11 PM PDT by editor-surveyor (No Federal Sales Tax - No Way!)
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To: Whenifhow

Some how I missed your post until now! Great stuff. Will take me some time to read it all. In the mean time, on another thread I proposed the idea of establishing a time line of known events to come. Perhaps you know of some things to add? Here is the link.

http://www.freerepublic.com/focus/news/2860478/posts?page=211#211


259 posted on 03/17/2012 10:24:12 PM PDT by daisy mae for the usa
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To: editor-surveyor

Obummer is getting scary, because he is stupid and his handlers are smart, and powerful.

That simpleton is the world’s most useful idiot.
________________________

His handlers need to be exposed constantly. Hussian is just a debauched tool.


260 posted on 03/17/2012 10:24:29 PM PDT by Chickensoup (In the 20th century 200 million people were killed by their own governments.)
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Thread cross-reference:

“Obama executive order: peacetime martial law”

http://www.freerepublic.com/focus/f-bloggers/2860494/posts


261 posted on 03/17/2012 10:27:28 PM PDT by daisy mae for the usa
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To: ebshumidors

Can someone explain to me exactly what this means(In simple terms) people are going nuts on twitter over this, saying that Obama is implementing martial law(And next Sharia Law) and that people should start stock piling weapons..I knew one day Obama would make some law making him President for life, he doesn’t want elections to take place because he knows that he would lose. The media would love having that POS for life


262 posted on 03/17/2012 10:32:48 PM PDT by Sarah Barracuda
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To: zzeeman

It has the potential for being far, far worse that it looks.

Prepare yourself. We haven’t much time.


263 posted on 03/17/2012 10:36:05 PM PDT by Noumenon ("I tell you, gentlemen, we have a problem on our hands." Col. Nicholson-The Bridge on the River Qwai)
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To: bruinbirdman

Hope you find the website of interest. Dates from the clinton era. The author is John A. Sterling

From http://www.lawandliberty.org/above.htm

Synopsis: The author explores the history and development of presidential Executive Orders from the first instance of their use in American Law to the present expansive use by President William Jefferson Clinton.

In Part One, the author looks at the history of Presidential Executive Orders and compares the present applications with the principle of “checks and balances” which the framers of the Constitution considered the cornerstone of American Federalism.

Part Two analyzes the Executive Orders of Presidents from Kennedy to Clinton, with special emphasis on the recent Executive Orders issued by Bill Clinton. The reader will be able, upon completion of both parts, to ascertain whether the Excecutive Branch has been faithful to the limitations of his legitimate authority, in light of the principles established in Part One.

From http://www.lawandliberty.org/above.htm

But what if the Federal Government, under the guise of national emergency and with nothing but the pseudo-authority of Executive Orders, were to attempt to circumvent the Constitution? Who could imagine such a preposterous thing?

Well, the likes of Patrick Henry, to name one, and other anti-Federalists of the day who raised the specter of such an event.

Madison was incredulous at this paranoid assertion and responded to such a “hypothetical” situation by writing, “But ambitious encroachments of the federal government on the authority of the state governments would not excite the opposition of a single state, or of a few States only. They would be signals of general alarm. Every government would espouse the common cause. . . Plans of resistance would be concerted.”

Madison obviously thought the idea of a runaway federal government was ludicrous! Besides, he reasoned, the state militias are armed and ready to fight such an obvious act of tyranny.

Not just one or two States, but ALL of them would certainly rise up with force of arms and resist! He rebuffed his detractors by saying, “[t]hat the governments and the people of the States should silently and patiently behold the gathering storm and continue to supply the materials until it should be prepared to burst on their own heads must appear to everyone more like the incoherent dreams of a delirious jealousy. . .than the sober apprehensions of genuine patriotism.”


264 posted on 03/17/2012 10:45:32 PM PDT by MurrietaMadman
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To: Sarah Barracuda

Simply put...

This EO is a replacing of an almost similar EO issued by Clinton in 1994. Obama’s version places all “emergency” management under Homeland Security, instead of Fema. Also, Obama’s EO changes the reporting and authority structure. And putting this under Homeland security adds a military component that Fema didn’t have as strongly. Interesting to note, Bush never made null Clinton’s EO. As far reaching as it was, Bush kept it available to himself for his 8 years in office. Obama’s is more far reaching simply because of the structure of Homeland Security. Some say this is business as usual, others find it odd given the timing of the issuing of the order.

Hope that helps!


265 posted on 03/17/2012 10:45:36 PM PDT by daisy mae for the usa
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To: daisy mae for the usa

Thank you so much. Really appreciate you letting me know this. So Clinton did the same thing, but it is VERY strange that all of a sudden Obama would do this now..makes me think he has something up his sleeve, maybe trying to prevent future elections from taking place, or something else..with Obama anything is possible. Always knew he was a dictator, a marxist dictator


266 posted on 03/17/2012 10:48:56 PM PDT by Sarah Barracuda
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To: Sarah Barracuda

I know it is time consuming, but take some time to follow the links up thread. You will get a fuller picture and it will help you determine how you feel about this. The best thing we can do for ourselves it to remain informed.


267 posted on 03/17/2012 11:04:39 PM PDT by daisy mae for the usa
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To: Whenifhow; RitaOK

This is the kind of post I DON’T want to see...very unnerving...farmer gets a visit from someone from the dept. of ecology to gps his well... check it out.

http://www.freerepublic.com/focus/f-bloggers/2860494/posts?page=31#31


268 posted on 03/17/2012 11:08:51 PM PDT by daisy mae for the usa
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To: daisy mae for the usa

Keeping this for further reading...


269 posted on 03/17/2012 11:08:57 PM PDT by ArmyTeach (OnyoneAur liberties we prize and our rig hts we will maintain ... USS Iowa BB 61)
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To: daisy mae for the usa

Yeah I dont mind reading it, I will for sure, just some of the lingo I did not understand. You all have more experience reading this kind of stuff then I do, but boy did this news explode online, its all over facebook and twitter. Obama always pulls this crap, when he does something like this he does it in the wee hours of the night so that it doesn’t get news til Monday morning


270 posted on 03/17/2012 11:14:57 PM PDT by Sarah Barracuda
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Cross reference thread:

http://www.freerepublic.com/focus/f-news/2860546/posts


271 posted on 03/17/2012 11:17:27 PM PDT by daisy mae for the usa
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To: ebshumidors
Connection?

I saw this on Twitter tonight:
---------------------------------------------
Chuck Nellis ‏ @ChuckNellis Why does homeland security want 450 MILLION rounds of .40 caliber bullets? Not the military, HOMELAND SECURITY. #TCOT ATK Secures .40 Caliber Ammunition Contract with Department of Homeland Security, U.S. Immigration and Customs Enforcement (DHS, ICE) --ATK Wins Five-Year, Indefinite Delivery/Indefinite Quantity Contract for .40 Caliber Ammunition from DHS, ICE --Additional .40 Caliber Ammunition Contract with 450 Million Round Potential Demonstrates ATK's Leadership in Ammunition Manufacturing " Retweeted by Ellis Wyatt
---------------------------------------------
(FYI, #TCOT means top conservative on Twitter)
272 posted on 03/17/2012 11:43:02 PM PDT by pillut48 (Israel doesn't have a friend in President Obama...and neither does the USA! (h/t pgkdan))
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To: Alamo-Girl

BTT old friend


273 posted on 03/17/2012 11:43:49 PM PDT by JustPiper (Rearrange the letters in "PRESIDENT BARACK OBAMA" and you get "AN ARAB BACKED IMPOSTER"~Coincidence?)
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To: Alamo-Girl

BTT old friend


274 posted on 03/17/2012 11:44:08 PM PDT by JustPiper (Rearrange the letters in "PRESIDENT BARACK OBAMA" and you get "AN ARAB BACKED IMPOSTER"~Coincidence?)
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Image and video hosting by TinyPic

275 posted on 03/18/2012 12:29:57 AM PDT by LucyT
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To: daisy mae for the usa

bfl


276 posted on 03/18/2012 1:12:31 AM PDT by Bradís Gramma (PRAY for this country like your life depends on it......because it DOES!)
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To: Noumenon

Thank you; I believe that you are correct. We’ve been preparing, I suspect the hammer may drop at any time.


277 posted on 03/18/2012 1:12:35 AM PDT by zzeeman ("We can evade reality, but we cannot evade the consequences of evading reality.")
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To: daisy mae for the usa

I believe you are correct. The trend actually extends back to either Nixon or Eisenhower. I researched it back in 2002 and it extended back to the older “Civil Defense” system of bomb shelters.

It appeared to me that it was a mechanism for each Administration to basically ‘clean house’ of previous Administration bureaucratic institutions left in place and functioning without full cognizance of the next Administration.

Back then, it probably wouldn’t have been feasible for such a large CT to be successful. The longer they linger on the books and the more accustomed the system accepts their existence, thinking they are innocuous, the greater the risk of somebody like Obama plotting to use them for nefarious ends.

Re: the ‘coffin’ boxes, they appear to be burial liners used in cemetaries to help distribute a load, and might be easily explained as a common manufacturer of plastic containers contracted by the industry in mortuary services. They don’t appear to seal from water leakage, so they wouldn’t make very good coffins.

IMHO, the more obvious risk here is becoming to complacent with these types of EOs. Congress needs to enforce their checks and balances on this dictatorial President.


278 posted on 03/18/2012 1:55:13 AM PDT by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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To: MurrietaMadman
Thanks for the ping. Good find.

". . . . courts have power to compel subordinate executive officials to disobey illegal Presidential commands." [cites omitted] 74 F.3d 1322, *1337, 316 U.S.App.D.C. 61, **76"

Another reason The Obammunist wants another communist on the Supreme Court.

yitbos

279 posted on 03/18/2012 1:57:44 AM PDT by bruinbirdman ("Those who control language control minds." -- Ayn Rand)
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To: EBH
"Look at all the use of the word during “peacetime.”

Gearing up for the government-made financial collapse? You know, when there's a crisis, never waste the opportunity to exploit it...on steroids.

280 posted on 03/18/2012 3:09:05 AM PDT by beaversmom
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To: ebshumidors; Fred Nerks; Beckwith; LucyT

The definition of terms section at the end of the order gives one the picture. No question that it means to impliment martial law against the civilian populace, and the comandeering of private transportation of every kind:

“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.”

I had the thought that the “preservation of the nations industrial base,” being the trigger for this order, would somehow involve the larger Unions who now support Obama, and who would act to impliment this order as agents of Homeland Security.The TSA would also be involved.

This executive order reads like something from the pre Civil War era.


281 posted on 03/18/2012 3:17:38 AM PDT by Candor7 (Obama fascist info.. http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: beaversmom; EBH
Eternal vigilence is the price of liberty.

This night and fog release style does not build trust with 0bama administration. The work "peacetime" is used many times in the 1994 EO document of same name, too.

IMHO, it reads as wordsmithing the previous Executive Order with the modern federal department names/responsibilites.

Pray for our republic,
OLA

282 posted on 03/18/2012 3:24:58 AM PDT by OneLoyalAmerican (In God I trust, all others provide citations.)
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To: Sarah Barracuda
Your impressions re the overall reactions you were 'hearing' via Twit and Fb would be informative.helpful.interesting.

IOW, did it seem like most were taking it seriously, kissing Ø's ass, heading out for more ammo, etc ?

(Fb is evil, and I don't type on phones ;-)

283 posted on 03/18/2012 3:34:46 AM PDT by tomkat (it's patrick henry time)
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To: OneLoyalAmerican

” IMHO, it reads as wordsmithing the previous Executive Order with the modern federal department names/responsibilites. “

There’s a not-so-minor difference between Clinton’s order of 1994 and this EO of March 16, 2012 —

This is a different world, and a different America, than existed in 1994....

In the interim - since 9/11/2001, and especially in the last two years - there has been a LOT of pretty draconian legislation passed, giving the Administration (whatever Administration happens to occupy the WH) all kinds of heretofore unprecedented, and constitutionally questionable, powers...

This hodgepodge of bad legislation (in the name of ‘National Security’) is bad enough when the laws are implemented piecemeal - but to have them all pulled together under one ‘Umbrella’ EO is downright scary....


284 posted on 03/18/2012 3:41:25 AM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: Candor7

thanks for the ping and the comment, if I were to reply and tell you what I’m thinking, ‘they’ would probably come and take me away...


285 posted on 03/18/2012 3:53:03 AM PDT by Fred Nerks (FAIR DINKUM!)
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To: Quix

Wow....

Thanks for the ping.


286 posted on 03/18/2012 4:02:55 AM PDT by oprahstheantichrist (The MSM is a demonic stronghold, PLEASE pray accordingly - 2 Corinthians 10:3-5)
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To: ebshumidors

Appears on first look to be the initiation of a command economy
with Obama and his posse doing the commanding.


287 posted on 03/18/2012 4:12:02 AM PDT by kanawa
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To: pillut48

It means get something in 40 cal.


288 posted on 03/18/2012 4:26:10 AM PDT by ebshumidors ( Marksmanship and YOUR heritage http://www.appleseedinfo.org)
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To: Chickensoup

A little off the topic, but does anyone remember when FEMA bought 1 Billion dollars worth of body bags about 1 year ago, and nearly 140 million meals. http://www.examiner.com/finance-examiner-in-national/terror-threats-rising-as-fema-orders-1-billion-dehydrated-food

I am really starting to wonder. I guess I will plant an extra big garden this summer.


289 posted on 03/18/2012 4:47:15 AM PDT by castlegreyskull
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To: ebshumidors

“War warning? “

That was my initial thought...preparing for attack.


290 posted on 03/18/2012 4:47:15 AM PDT by nuconvert ( Khomeini promised change too // Hail, Chairman O)
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To: ebshumidors
The ONLY current major threat we are defenseless against is the Asshole-In-Chief in the White Hut; aka, the Usurper.

He declared the War on Terror OVER, except for INTERNALLY, where we have people who oppose this Socialist Ditatorship/Takeover of the USA, and the last couple of "Proclamations" are to stifle ALL DISSENT WITHIN, which includes NOT being able to speak out in opposition to The Messiah, and now, we are being told he has taken over all means of production, transportation, food, monetary system, etc., via his self-appointed Czars.

We need a military coup BADLY, although since he's planted the seeds of faggots/dykes over-running the former Duty-Honor-Country warriors of the past, it better be sooner rather than later, or it will be too late to have a Military with balls.

291 posted on 03/18/2012 4:58:38 AM PDT by traditional1 (Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: backwoods-engineer

Back, your list is too short by a bunch.

I always wonder how many have read the book. It’s not easy to come by. I’ve got two copies and a pdf file.


292 posted on 03/18/2012 5:04:20 AM PDT by vortec94
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To: ebshumidors

bookmark


293 posted on 03/18/2012 5:06:21 AM PDT by GiovannaNicoletta ("....in the last days, mockers will come with their mocking... (2 Peter 3:3))
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To: Little Pig
They can restrict water usage, even from private wells. They can ration any and all drugs, including OTC and vitamins. They can collectivize farms. They can take over all energy production, including home solar units.

Hide a cache of foil and have some randomly discarded cardboard out in the open and you've got your solar oven back. Disassembly is quick, too. Last year, "they" took away my right to pump from the river my property borders so it's only a matter of time they take away my private well which "they" suddenly, after 50 years, decided needed to be recorded. Tick, tick, tick.

294 posted on 03/18/2012 5:16:10 AM PDT by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: editor-surveyor

I was talking about a situation where a combination of stagnant wages, inflation, and commmunist entitlements and subsidies make it so that a worker lives approximately the same lifestyle as a non-worker. When that happens, why would anyone go to a dangerous job when they could stay home and work the under-the-table economy and fish?


295 posted on 03/18/2012 5:18:14 AM PDT by Bryanw92 (The solution to fix Congress: Nuke em from orbit. It's the only way to be sure!)
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To: OneLoyalAmerican

It appears as wordsmithing? Ok.

I don’t see it that way given all the previous legislation and orders that have come before its issuance.

I think that is a key difference. Under Clinton and a number of Presidents, this has been a planning and logistics requirement. The planning was done and key assets identified for use in the event of an emergency before it happened.

This EO does not read that way to me.


296 posted on 03/18/2012 5:18:46 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: BobP
Countdown until Jackwagon leaves Office: 309 days as of March 17, 2012.

He and his admin can do a boatload of damage between now and then.

297 posted on 03/18/2012 5:19:06 AM PDT by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: reagandemocrat
13th Amendment— Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Oh, that silly old outdated thing? Hussein don't need no stinkin' Constitution or Congress tellin' him what to do.

298 posted on 03/18/2012 5:28:16 AM PDT by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: Cricket24
I posted it on my Facebook. Can this order be changed when we get a new President?
299 posted on 03/18/2012 5:33:12 AM PDT by angcat (PLEASE GOD SAVE OUR COUNTRY!)
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To: angcat
I posted it on my Facebook. Can this order be changed when we get a new President?

Sure. And I think that any executive order that goes beyond the scope of executive branch function as outlined in the Constitution is, in and of itself, a usurpation of the Constitution.
300 posted on 03/18/2012 5:36:32 AM PDT by aruanan
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