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.
The Obama Crime Wave The
Tea Party United Against Barack Obama
The Obama Crime Wave
The Tea Party United Against Barack Obama
That
whenever any Form of Government becomes destructive of these ends, it is
the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles
and organizing its powers in such form, as to them shall seem most likely to
effect their Safety and Happiness.
CRIMES
AGAINST AMERICA
CRIMES AGAINST THE CONSTITUTION
Bengahzi the murdering of Americans
IRS Lois Lerner the force of government to stop the Tea Party
Fast and Furious the running of illegal guns to drug cartels in Mexico
DHS Border Patrol Open Borders the rush of hundreds of thousands of illegal
aliens
CBP Customs Border Patrol Total failure to secure
the border.
Syrian Red Line the killing of hundreds of thousands of people by Obama's
refusal to help
Crimea Invasion and Putin the expansion of
the old Communist Soviet Empire
VA Veterans Administration Death Waiting List for cash bonuses and
awards
NSA Spying against FOX news reporter Rosen
Solyndra Solar Scam the spending of billions of taxpayer dollars
with no results
Keystone Pipeline never to be build so wealthy friends can haul oil on their
railroad
Federal Reserve the creation of trillions of fiat-fake money destroying
the dollar
Barack Obama whispering a secret deal to Soviet Union Russia Putin
NSA Spying against AP Associated Press
Welfare Food Stamps over 50 million people being fed daily by the government
ObamaCare the ACA Affordable Care Act Communist Socialist control
over medical care
Iran Nuclear Program given time to build a complete nuclear weapons system
Iraq Premature Troop Withdrawl and Obama's failure
to protect the investment in blood and money
ISIS and other Islamic Caliphate members allowed to
build a nation of terrorists
Planned Parenthood funding by Obama allowed to kill hundreds of thousands of
Negros
Illegal Aliens by the millions allowed to remain inside the United States
without deportation
Main Stream Media bribed and bought and paid for by Obama and controlled by
the FCC
LGBT Gay Marriage Movement against the wishes of the American people
Unemployment Under-employment raging across America
False Government Reporting and broadcasting
half truths and lies-staged White House briefings
Bundy Cattle Ranch as BLM raids the lone rancher who was late paying fees
DHS Department of Homeland Security TSA airport
security abusing individual rights
The Lying Obama President Obama clearly a liar and continues to lie to the
America people
Dictatorial Power Obama ignores Congress and uses Executive Orders
against the people
DOJ Department of Justice is racial - radical - and resists the
Constitution
NSA National Security Agencies spying on each American and others
around the world
IRS Lois Lerner IRS Commission Koskinen corruption destruction of
records
EPA Gina McCarthy War on Coal - Closing Power Plants - Surging
Energy Prices
DHS Jeh Johnson Open Borders - FEMA domestic camps and prisons
Bergdhal Taliban Five (5) Terrorist Trade from GITMO for the
Traitors Return
NSA Snowden Security Collapse allowing the discovery of illegal
government activity
Caliphate Formed Islamic Muslim Taliban Al-Qaeda ISIS Army Syria
Iran Iraq
DHS, ICE, CBP, TSA, IRS, NSA, FBI, CIA, ATF, AFTE, EPA, DOJ,
FEMA, REX84, PRISM, MARXIST, SOCIALIST, CPUSA, LENIN, PUTIN, COMMUNIST, HILLARY
CLINTON, ERIC HOLDER, PELOSI, REID, KERRY, CNN, ABC, CBS, NBC, MSNBC, FOX, NPR,
CNBC, BOSTON GLOBE, THE NEW YORK TIMES, THE LOS ANGELES TIMES, WALL STREET
JOURNAL, OBAMACARE, GARDEN PLOT, CABLE SPLICER, HITLER, STALIN, SANTA ANA,
WILHELM, SADDAM HUSSEIN, POL POT, LIBERAL, PROGRESSIVE, BARACK OBAMA, TYRANT,
DOMINATION, SATAN, USAMA BIN LADEN, GOD, ISLAMIC, MUSLIM, CALIPHATE, JIHADIST,
OBAMA SCANDALS, IRS, LOIS LERNER, EVIDENCE,
Barack Hussein Obama II August 5th 2009 did declare hostilities
FREEDOM OF SPEECH
The President of the United States of America Barack Hussein
Obama II August 5th 2009 did declare hostilities with the American population
and battles against the constitution of the United States of America.
As a citizen of the United States of America
you have the total Freedom of speech.
This freedom to speak freely without censorship or limitation has now been
directly challenged by the President of the United States of America, Barack
Hussein Obama II by requesting that you report private emails or other
communications directly to the government of the United States.
The President of the United States of America, Barack Hussein Obama II, has
clear leanings towards Marxism, which is a political-economic theory that
presents a materialist conception of history, a non-capitalist vision of
capitalism and other types of society, and a non-religious view of human
liberation. President Obama closely relates to the ideology of communism. It is
my belief that Obama is on a campaign to bring back slavery within economic expressions
against middle class - tax paying - working people.
The synonymous term freedom of expression is sometimes used to indicate not
only freedom of verbal speech but any act of seeking, receiving and imparting
information or ideas, regardless of the medium used. Freedom of speech and
freedom of expression are closely related to, yet distinct from, the concept of
freedom of thought. This is a direct attempt by the government of the United
States at Censorship. Censorship is the suppression of speech or deletion of
communicative material which may be considered objectionable, harmful,
sensitive, or inconvenient to the government or media organizations as
determined by a censor.
Political censorship occurs when governments hold back information from their citizens.
The logic is to exert control over the populace and prevent free expression
that might foment rebellion. You have the right to object and complain in a
safe and legal manner. The government cannot halt your freedom of speech or
inspire your neighbors and friends to spy on you through any form of political
censorship.
This president has requested that others spy of your speech, behaviors and your
thoughts. The censorship of thoughts, communications and actions are not new to
human history, President Barack Hussein Obama needs to refer to historical
events before he attempts to control the population of free citizens. His
propaganda, his needs for his stated objectives are no more important than
yours. His powers are limited by the Constitution of the United States which he
has disregarded.
Independent journalism to verify and confirm the actions of the government,
including congress and the judicial has been made voiceless in recent years
making the free citizen limited in knowledge. Newspaper articles are now
limited and offer limited details. Television news is owned by massive business
and their own financial interests and political agendas limit their coverage
and in depth coverage is almost nonexistent.
The republic of China has instituted thousands of persons as their government
internet police and it seems that President Barack Hussein Obama will be
monitoring the voices, emails, and communications of the free citizens of the
United States of America to control the population.
His attempt to hinder publications and distribution of ideas are the same as
Arab socialists in Iraq, Communists in China and also Cuban media among a few.
This sanitization policy allows President Obama to control the thoughts and
communications of the free citizens.
It is certain that the U.S. government must have already hired censors to
collect and report offensive or challenging thoughts and ideas from the people.
There are only a few rational and reasonable reasons to censor. This censorship
must be used to stifle, gag and repress some opposing thought and stop free
citizens from arguing against the presidential plans and actions.
We are now moving quickly to a near-censorship situation. The government will
hold information and the free citizens of the United States will barely know
true and real facts. Through these presidential actions the free citizens of
the United States will fear open, honest, safe and free communications of ideas
and actions.
Your rights as a free citizen of the United States of America are now in full
Peril. Your freedom to assemble, your freedom of movement, freedom of
association, freedom of religion, freedom of information, thought and press is
something that tens of thousands of Americans have paid for with their very
life.
I urge you to write the President today and counsel him against his socialist
activities, attempting to destroy capitalism, negating free enterprise and
freedom of speech as he fails to understand that the United States of America
is governed by our Declaration of Independence, Constitution of the United
States and Our Amendments by the people and for the people.
Gregory A Free Citizen of the United States of America
Mechanicsburg
Boycott List for Tea Party Members
Do Your Research, Maybe you should Boycott These Brand Names,
Tell your Tea Party Friends, These are the brand name companies that are trying
their best to create a deal with the Obama government, open borders, more
illegal aliens, more cheap labor to replace the American Middle Class. Boycott
These Companies; The Cheesecake Factory, Inc. CVS Caremark Corporation Hallmark
Cards, Inc. McDonald's Corporation The Wendy's Company The Walt Disney Company
The Coca-Cola Company Johnson & Johnson American Express Company 21st
Century Fox Darden Restaurants, Inc (Olive Garden, Red Lobster, and others)
Liberty Mutual Group, Inc. Allstate Insurance Company Western Union
Northwestern Mutual American Airlines Inc. Motorola Solutions, Inc. The Procter
Gamble Company (wide range of well-known home and beauty brands) Newell
Rubbermaid Inc. AT&T Inc. T-Mobile USA, Inc. Caterpillar Inc. The ADT
Corporation Pfizer Inc. Hewlett-Packard Company HP United Parcel Service, Inc.
UPS General Electric Company GE Verizon Communications Inc. Pay your phone bill
(one dollar short) Marriott International, Inc. Stay somewhere else Hilton
Worldwide Find another room Hyatt Hotels Corporation Say no to Hyatt McCormick
& Company, Inc. Salt and Pepper Cisco Systems, Inc. A billionaire doesn't
need you anymore, let him sail off Quest Diagnostics Incorporated Eaton E.I. du
Pont de Nemours & Company BNSF Railway Company Shell Oil Company General
Mills, Inc. (many well-known food brands) Ingram Industries Inc. Kronos
Incorporated Ingersoll Rand Company General Parts Inc. Merck & Co., Inc.
United Technologies Corporation Harris Corporation Illinois Tool Works Inc.
Sears Holdings Corporation There is a reason that Sears and K-Mart is going
broke USG Corporation Archer Daniels Midland Company Destroy people that
control your food Johnson Controls, Inc. Lots of people make their stuff Ally
Financial Inc. US Foods Univar, Inc. Kiewit Corporation Air Products and
Chemicals, Inc. Great company really bad leadership W.W. Grainger, Inc. Too
bad, no more money. Avery Dennison Corporation Humana Inc. Novelis, Inc. The
Williams Companies, Inc. Avaya Inc. Computer Sciences Corporation Honeywell
International Inc. International Paper Company All they do is cut down trees,
cut your cash flow to them Dover Corporation Danaher Corporation TRW Automotive
Analog Devices, Inc. Ecolab, Inc. Avnet, Inc. White Lodging Corporation
Coca-Cola Enterprises, Inc. Simon Property Group Daikin McQuay Americas
Continental Grain Company MSC Industrial Direct Co., Inc. Hospira, Inc. Cigna Corporation
The ServiceMaster Company Automatic Data Processing, Inc. Bloomin' Brands Inc.
Fiserv, Inc. Carolinas HealthCare System SRA International Emerson Rockwell
Automation, Inc. Parker Hannifin Corporationm Saint-Gobain Corporation General
Dynamics Corporation A. O. Smith Corporation Praxair, Inc. HCA Inc. Eastman
Chemical Company ManpowerGroup Fifth Third Bank Pitney Bowes Inc. Express
Scripts, Inc. Cardinal Health, Inc. Aleris International, Inc. DTE Energy
Company U.S. Steel Corporation Mortgage Guaranty Insurance Corporation Cargill,
Incorporated Assurant, Inc. XL Global Services, Inc Texas Instruments
Incorporated ATK WESCO International
DHS, ICE, CBP, TSA, IRS, NSA, FBI, CIA, ATF, AFTE, EPA, DOJ,
FEMA, REX84, PRISM, MARXIST, SOCIALIST, CPUSA, LENIN, PUTIN, COMMUNIST, HILLARY
CLINTON, ERIC HOLDER, PELOSI, REID, KERRY, CNN, ABC, CBS, NBC, MSNBC, FOX, NPR,
CNBC, BOSTON GLOBE, THE NEW YORK TIMES, THE LOS ANGELES TIMES, WALL STREET
JOURNAL, OBAMACARE, GARDEN PLOT, CABLE SPLICER, HITLER, STALIN, SANTA ANA,
WILHELM, SADDAM HUSSEIN, POL POT, LIBERAL, PROGRESSIVE, BARACK OBAMA, TYRANT,
DOMINATION, SATAN, USAMA BIN LADEN, GOD, ISLAMIC, MUSLIM, CALIPHATE, JIHADIST,
OBAMA SCANDALS, IRS, LOIS LERNER, EVIDENCE,
1. IRS targets Obama’s enemies: The IRS targeted conservative and
pro-Israel groups prior to the 2012 election. Questions are being raised about
why this occurred, who ordered it, whether there was any White House
involvement and whether there was an initial effort to hide who knew about the
targeting and when.
2. Benghazi: This is actually three scandals in one:
§ The failure of administration to protect the
Benghazi mission.
§ The changes made to the talking points in
order to suggest the attack was motivated by an anti-Muslim video
§ The refusal of the White House to say what
President Obama did the night of the attack
3. Watching the AP: The Justice Department performed a massive cull of
Associated Press reporters’ phone records as part of a leak investigation.
4. Rosengate: The Justice Department suggested that Fox News reporter
James Rosen is a criminal for reporting about classified information and
subsequently monitored his phones and emails.
5. Potential Holder perjury I: Attorney General Eric Holder told Congress he had
never been associated with “potential prosecution” of a journalist for perjury
when in fact he signed the affidavit that termed Rosen a potential criminal.
6. The ATF “Fast and Furious” scheme: Allowed weapons from the U.S. to “walk”
across the border into the hands of Mexican drug dealers. The ATF lost
track of hundreds of firearms, many of which were used in crimes, including the
December 2010 killing of Border Patrol Agent Brian Terry.
7. Potential Holder Perjury II: Holder told Congress in May 2011 that he
had just recently heard about the Fast and Furious gun walking scheme when
there is evidence he may have known much earlier.
8. Sebelius demands payment: HHS Secretary Kathleen Sebelius solicited donations from
companies HHS might regulate. The money would be used to help her sign up
uninsured Americans for ObamaCare.
9. The Pigford scandal: An Agriculture Department effort that started as an
attempt to compensate black farmers who had been discriminated against by the
agency but evolved into a gravy train delivering several billion dollars in
cash to thousands of additional minority and female farmers who probably didn’t
face discrimination.
10. GSA gone wild: The General Services Administration in 2010 held an
$823,000 training conference in Las Vegas, featuring a clown and a mind
readers. Resulted in the resignation of the GSA administrator.
11. Veterans Affairs in Disney World: The agency wasted more than $6 million
on two conferences in Orlando. An assistant secretary was fired.
12. Sebelius violates the Hatch Act: A U.S. special counsel determined that
Sebelius violated the Hatch Act when she made “extemporaneous partisan
remarks” during a speech in her official capacity last year. During the
remarks, Sebelius called for the election of the Democratic candidate for
governor of North Carolina.
13. Solyndra: Republicans charged the Obama administration funded and
promoted its poster boy for green energy despite warning signs the company was
headed for bankruptcy. The administration also allegedly pressed Solyndra
to delay layoff announcements until after the 2010 midterm elections.
14. AKA Lisa Jackson: Former EPA Administrator Lisa Jackson used the name
“Richard Windsor” when corresponding by email with other government officials,
drawing charges she was trying to evade scrutiny.
15. The New Black Panthers: The Justice Department was accused of using a racial
double standard in failing to pursue a voter intimidation case against Black
Panthers who appeared to be menacing voters at a polling place in 2008 in
Philadelphia.
16. Waging war all by myself: Obama may have violated the Constitution and both the
letter and the spirit of the War Powers Resolution by attacking Libya without
Congressional approval.
17. Biden bullies the press: Vice President Biden’s office has repeatedly interfered
with coverage, including forcing a reporter to wait in a closet, making a
reporter delete photos, and editing pool reports.
18. AKPD not A-OK: The administration paid millions to the former firm of
then-White House adviser David Axelrod, AKPD Message and Media, to promote
passage of Obamacare. Some questioned whether the firm was hired to help pay
Axelrod $2 million AKPD owed him.
19. Sestak, we’ll take care of you: Former White House Chief of Staff Rahm
Emanuel used Bill Clinton as an intermediary to probe whether former Rep. Joe
Sestak (D-Pa.) would accept a prominent, unpaid White House advisory position
in exchange for dropping out of the 2010 primary against former Sen. Arlen
Specter (D-Pa.).
20. I’ll pass my own laws: Obama has repeatedly been accused of
making end runs around Congress by deciding which laws to enforce, including
the decision not to deport illegal immigrants who may have been allowed to stay
in the United States had Congress passed the “Dream Act.”
21. The hacking of Sharyl Attkisson’s computer: It’s not clear who hacked the CBS reporter’s
computer as she investigated the Benghazi scandal, but the Obama administration
and its allies had both the motive and the means to do it.
22. An American Political Prisoner: The sudden decision to arrest Nakoula Basseley
Nakoula on unrelated charges after protests in the Arab world over his
anti-Muslim video is an extraordinarily suspicious coincidence. “We’re
going to go out and we’re going to prosecute the person that made that video,”
Hillary Clinton allegedly told the father of one of the ex-SEALs killed in
Banghazi.
23. Get rid of inconvenient IGs: Corporation for National and Community
Service Inspector General Gerald Walpin was fired in 2009 as he fought
wasteful spending and investigated a friend of Obama’s, Sacramento Mayor and
former NBA player Kevin Johnson. The White House says Walpin was
incompetent.
24. Influence peddling: An investigation is underway of Alejandro Mayorkas, director of the
U.S. Citizenship and Immigration Services, who has been nominated by Obama for
the number two post at the Department of Homeland Security. Mayorkas may have
used his position to unfairly obtain U.S. visas for foreign investors in
company run by Hillary Clinton’s brother, Anthony Rodman.