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Attempting to obey God and follow Jesus Christ our Lord

regulations

Don’t You Dare Quit

There are times when you just have to walk in faith. This is to say that in life an absolute dependence on God and His Word become paramount in good times as well as bad times. I can attest to faith on God on both levels. There is no doubt that God has been nothing less than incredible in my life and to speak of things most recent would take a book just to begin to understand the many twists and turns that have led me to this point. Let me explain.

Many may be familiar with the fact that I am in Texas as a result of the Fort Worth veteran’s health clinic offering me a chaplaincy internship. Now, the Fort Worth clinic is part of the larger Dallas VA medical system. Still, with that offer I quickly accepted the position while I was still in Baltimore and began in earnest to make my way to Texas. Of course this was not an easy task because I had been unemployed for some time and was unable to pay for any means of transportation. Well, this was nothing for God. As a matter of course I was put in touch with the founder of an organization called The Open Table (http://theopentable.org/). Without hesitation the founder sponsored my trip to Texas and provided other financial aid. So, someone please tell me that God does not take care of His own!

Still, that is far from the end of the story. I also needed a place to stay and while researching what could be done I learned of Veteran’s Community Outreach (http://www.vetsco.org/). I received the same type of response from its founder as I did with The Open Table. Without hesitation the founder simply said, “I’ll help you.” And with that he did help. I was picked up at the train station in Fort Worth, transported to a hotel that Sunday evening, picked up Monday morning and transported to a wonderful four-bedroom house in Arlington, TX. It is true that God does put people in our way to be a blessing to us. The fact is that God uses people to bless people so I would encourage all that have a hard time receiving to open wide your hands so that God can do what He does best.

To my dismay the Veteran’s Administration was not nearly as accommodating. After getting to Texas and doing all that was required I soon learned that things within the Veteran’s Administration are far from honorable. No doubt that many have heard of the atrocities at the hands of the Veteran’s Administration in which a number of veterans died waiting to be served. While my situation is not as dire as that suffice it to say that I served in the United States Marine Corps. I was honorably discharged in 1985. From that time I have had no problems because of my not registering with the Selective Services. In fact the Selective Services letters I have clearly show that because of my service I should be denied nothing from the Federal Government.

Well, this did not matter to the Dallas Veteran’s Administration. I had already started my internship and was fully seated. My background was clear; I was able to get through a very intense interview process among other things. And while human resources did not fire me they did say that my package had to be sent to Washington, D.C. for clearance. The process could take as much as ninety days. So, after much hard work my program was suspended impacting not just me but also my co-workers. With that it seems that well qualified veterans such as I deserve extra scrutiny in order to work with veterans. For real? Is this the way veterans should be treated?

It needs to be made painfully clear that my experience with Human Resources of the VA has nothing to do with my immediate supervisor. In fact my supervisor in the Fort Worth clinic, insofar as I am concerned, is a superior and wonderful person. In fact all the chaplains I have met in the Texas VA have proven to be high quality people many of whom are themselves veterans. My issue is the administration and the administration alone. The fact of the matters is that  my supervisor was kind enough to refer me to a chaplain at Huguley Hospital (http://www.texashealthhuguley.org/) in Fort Worth. After meeting with him his words were “I can see why they hired you” and immediately offered me a position. Yes, there was some red tape but nothing like that of the Veteran’s Administration. My work at Huguley is to start Monday the sixteenth.

Now, this will be a very intense program. Within two and a half months I will put in at least four hundred hours and about ten on-call days. This means that I will be spending much less time online as I walk further into my destiny. And while I will not be online a lot my plan is to chronicle my experience with the Huguley Hospital internship weekly. Please be sure to follow what is going on in my walk as I continue to press toward the mark of the high calling of God in Christ Jesus.

With that said it is my hope that all be encouraged. It took several years for me to get to this point with considerable opposition. Some have said that I was not qualified while others mocked my faithfulness. Some saw no reason for me to perform academically while others have chosen to smother themselves in the stench of jealously. This will also happen to you if you choose to go after what God has for you. But, be not dismayed. Do not give up. Keep on moving toward your destiny and your end will be most victorious. No, don’t you dare quit!

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SMITH: Making the taxpayer an accessory to the abortion trade – Washington Times

SMITH: Making the taxpayer an accessory to the abortion trade – Washington Times.


We Have Rejected God – A Poem


“Gay Month”: God’s Final Warning to America

“Gay Month”: God’s Final Warning to America

by JohnMcTernan

Verse of the Day

Leviticus 18:24,25 Defile not ye yourselves in any of these things: for in all these the nations are defiled which I cast out before you: And the land is defiled: therefore I do visit the iniquity thereof upon it, and the land itself vomiteth out her inhabitants.

Commentary

Fleeing Colorado fire: "Land vomiting out its inhabitants?"Fleeing Colorado fire: “Land vomiting out its inhabitants?”

If you examine the disasters hitting America, there is a vast increase from 25 years ago. The droughts and floods are showing that God is now in the process of setting the land up to “vomiteth” out the American people just as His states will happen. America is defiled with the blood of 55+ million babies and the homosexual agenda and other sins such as pornography and divorce. The nation is unclean and the land is defiled.

When I was first called into this ministry in 1987, there was maybe one massive disaster a year. Sometimes there were no disasters for a year. Now, the nation is being hit with 10 or more a year! In 2011 there were 14 $billion events which is more than one a month. Last year there were 11 such events.

There was no national “LGBT month” in 1987. Can you see how the disasters are matching the level of national sin and rebellion against God’s word?

I used to match every major disaster with national sin such as “Gay Pride Day”. I can no longer do this as many disasters are connected to long-term drought and heat waves. Some I can, like the recent Oklahoma tornadoes which are tied into homosexual events.

What is missing in these disasters hitting America are earthquakes. I have a “gut” feeling that massive, I mean massive, earthquakes are about to shake this nation. Earthquakes in the 8.0 to 9.0 are on the way. This is a part of the land “vomiting out its inhabitants”.

Extreme weather caused $110 billion in damage in 2012 06/13/13 There are more hurricanes on the way along with powerful earthquakes. Americans are about to be driven off the land for the national rebellion against God and His word.

Remember, and do not forget this: the disasters match the level of national rebellion against God and His word. God is holy and a nation can offend His holiness which America is grossly guilty of. Plus there is so little intercession by His church.

“All told the United States saw 11 weather and climate disasters last year with losses exceeding $1 billion in damages.The total puts 2012 second in total damages behind 2005, which saw four devastating hurricanes, including Katrina and Rita, and incurred $160 billion in costs.Hurricane Sandy was responsible for more than half of 2012’s total, with approximately $65 in claims.

The Midwest drought soaked up another $30 billion.Sandy also incurred the worst loss of life, with more than 130 fatalities tied to the storm that engulfed nearly 500 miles along the East Coast.But heat waves last year caused more than 100 deaths, and the largest drought in the United States since the 1930s had the federal government declaring drought disasters in 2,600 of the nation’s 3,143 counties.Drought conditions also led to several devastating wildfires that burned more than 9 million acres in 2012, NOAA reported.

The 11 billion-dollar disaster events in 2012 rank second behind the 14 events in 2011. Those 11 events killed more than 300 people and had “devastating economic effects” on the regions impacted, NOAA said.”

NOAA: Billion-Dollar Weather/Climate Disasters If you want to view all the events, just go to this site.

2 Peter 2:6 And turning the cities of Sodom and Gomorrha into ashes condemned them with an overthrow, making them an ensample unto those that after should live ungodly;

God’s Final Warning to America

The judgment matches level of national sinThe judgment matches level of national sin

Residents displaced byColorado wildfire see destruction firsthand 06/16/13 “Homosexual month” is not over yet. If the Supreme Court votes to advance the homosexual agenda with homosexual “marriage”, this could be the final act of rebellion against God. The last two months of June have seen awesome disasters hit Colorado. This year was far worse than last year. As the sin gets more bold, so the disasters get more intense.

“El Paso County Sheriff Terry Maketa said the fire’s destruction has made it difficult for his deputies to assess damage. Deputies have said “it looks like a nuclear bomb went off in some of those areas, and you can’t even recognize whether it was a house or some other kind of structure,” Maketa said. “That is the level of incineration and destruction that took place in some areas.”

Colorado PrideFest: Gay Pride isn’t just for downtown Denver anymore06/14/13 The theme of this is “Gay-er Pride”. Notice that it is not for “Denver anymore!” As the rebellion against God spreads, so the judgment is a perfect match for the rebellion against God’s word.

“The main event, of course, remains the Gay Pride Parade, and the 2013 version steps off from Cheesman Park at 9:30 a.m. Sunday, turning down Colfax Avenue toward Civic Center where the weekend-long PrideFest (running Saturday and Sunday) offers up booths, music and more than a few speeches to get the crowds revved up toward the next political goal.”

At least 400 homes destroyed in Colorado wildfire 06/14/13  The number is closer to 500. The worst disaster coincides with a “gay-er” Colorado. What is next for this state and the nation, as God has now warned for two years in a row!

“The number of homes destroyed  in the most destructive wildfire in Colorado history has risen to 400, officials said Friday night. Developers describe the Black Forest as the largest contiguous stretch of ponderosa pine in the United States. Once home to rural towns and summer cabins, it is now dotted with million-dollar homes and gated communities as a result of the state’s population boom over the past two decades.”

Jude 1:7 Even as Sodom and Gomorrha, and the cities about them in like manner, giving themselves over to fornication, and going after strange flesh, are set forth for an example,suffering the vengeance of eternal fire.

Reposted with permission of the author.

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Canadian relief for Moore tornado victims denied at border – Windsor – CBC News

Canadian relief for Moore tornado victims denied at border – Windsor – CBC News.

U.S. border officials want 20,000 kg of food itemized, physically inspected before entering

A Canadian shipment of relief goods bound for storm-ravaged Oklahoma has been stopped at the Canada-U.S. border in Windsor, Ont.

American officials will not allow the 20,000 kilograms of food, blankets and diapers into the country until every item on board is itemized in alphabetical order and has the country of origin of every product noted.

Dennis Sauve, the volunteer co-ordinator for Windsor Lifeline Outreach and the food bank co-ordinator at the Windsor Christian Fellowship, the two organizations that gathered the goods, said it’s a “physical impossibility” to do the paperwork required in time to get the perishable food to Oklahoma before it spoils. Read the rest: Canadian relief for Moore tornado victims denied at border – Windsor – CBC News.


States Rights

Portrait of John C. Calhoun

Portrait of John C. Calhoun (Photo credit: Wikipedia)

There is a lot of discussion about State’s Rights and whether so many of the policies and regulations that are being proposed on the Federal Scale are in violation of the States Rights. Personally I think that many of them are, but one of the worst cases is the Federal Involvement in our schools. I think that a large portion of our educators, legislators, and laypeople are unaware that legally the federal government has no right to force any standards upon the schools. They may suggest, offer money for the policies that they want implemented, but they have no legal authority to force states to follow these standards.

How much influence do we want a federal government to have? When do we stop letting them force by bullying and threatening the schools in order to get policies in place that go totally against our moral values and common sense? We have in power an administration that uses bullying, threats, and even suing states in order to force their will upon the people of this country. How far do they go before it becomes treasonous? When you are in the process of destroying the very thing that you took an oath to protect, when does it become a violation? I am not saying that this leadership should be tried for treason, I am saying when are the people of this country and leaders in the separate states going to wake up and realize that what is being done to them is in violation of the Constitution and that they do have other options that to just answer the lawsuits in court and depend upon a Federal Court that may be just a guilty of violating their own oath of office.

Our founders intent was for the States to trump the Federal, for the Federal to be an arm of the State to promote the welfare of the States and the people. We have let it be turned around where the States are an aterthought and only seem to enjoy rights granted to them by the Federal Government and those are constantly being ignored or whittled away if they don’t fit the desires of whomever is in power at the time.

Excerpt from:

A DISCOURSE ON THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES

 John C. CalhounUnion and Liberty: The Political Philosophy of John C. Calhoun [1811]

If it be possible still to doubt that the several States retained their sovereignty and independence unimpaired, strong additional arguments might be drawn from various other portions of the instrument—especially from the third article, section third, which declares, that— “treason against the United States, shall consist only in levying war against them or in adhering to their enemies, giving them aid and comfort.” It might be easily shown that— “the United States” —mean here—as they do everywhere in the constitution—the several States in their confederated character—that treason against them, is treason against their joint sovereignty—and, of course, as much treason against each State, as the act would be against any one of them, in its individual and separate character. But I forbear. Enough has already been said to place the question beyond controversy. Read the entire discourse at Online Library of Liberty!

Debunking the Common Core “The Emperor’s New Clothes” Narrative…. via The Bell News


Unlimited Power

I haven’t really written anything about the Supreme Court’s ruling this week that the Healthcare Bill that passed, is actually constitutional based on the fact that it is a tax. I have a lot of questions and I do not like the answers. I am going to pose some of those questions to you my friends and would like you to consider the answer.

  • Are there now any limits on what Congress can require us to purchase?
  • Can Congress now tax us for our lifestyle?
  • Has Congress given one un-elected person in the form of the HHS Secretary, the power to decide what is the correct lifestyle we need to live?
  • Can this be used for Religious Beliefs? By that I mean can the HHS Secretary decide that a Christian lifestyle would be dangerous and therefore anyone who practices our faith could be taxed so much that we can not survive?
  • Have we gone from limited government to unlimited government?
  • If this is not repealed by the next Congress and it continues in force, can it be stopped at any other point?

I realize that some of these are questions without answers, but the possibilities that I see are not ones that lead to good. This seems to me to be mans attempt to force utopia onto his fellow man. Social Engineering at it’s worst. I know that there are some who look forward to the benefits, but I ask you to take a closer look at the probabilities that mortal man will use this to try and force those that don’t agree with his idea of utopia, to accept it anyway. Just as Nebuchadezzer tried to force Shadrah, Meshach, and Abedniggo to bow down to his golden idol, we will probably be pressured to abide by rules and regulations that we find repugnant. But like the “three men in the fire” we have reassurance that God will be with us and we can trust that whatever they try to force upon us, as long as we have faith and stand true to the word of God, He will be the “fourth man in the fire.”  


No Rest for the Dead or the Eldery

My friend Grumpy Elder has a story on a Vet that is being forced from his home. Now this is bad enough but to add insult to injury, the man is being forced to exhume his wife who is buried on the property and move her as well. I realize that sometimes bad things happen, but this is a case where there are other options available if the people involve were willing to work with the man. Please take time to read the rest of the story at Grumpy’s Opinions

WWII Vet Being Forced Out of Home, Forced to Exhume

Wife

I’m no lawyer at all, but it looks like Warren C. Bodeker   is getting a raw deal, I have no idea what can be done about it except to ask if someone knows a smart,  obnoxious lawyer with some ethics willing to take on another obnoxious lawyer…….

A legal fund has been set up, details are at the bottom of the article linked below..

Publicity will help the old gentleman, and won’t help the trustee’s law practice any, so make sure the story gets around….

Read the rest and watch the video at Grumpy’s Opinions…..


Private Business are Being Told What they Can Charge by Obama Administration


Obama Executive Order: Peacetime Martial Law!(via Before It’s News)

Hattip:  A BIN reader.  This article may be freely reproduced in its entirety provided a link is provided back to the original BIN story.

Obama Executive Order: Peacetime Martial Law!

This Executive Order was posted on theWhiteHouse.gov  web site on Friday, March 16, 2012, under the name National Defense Resources Preparedness.  In a nutshell, it’s the blueprint for Peacetime Martial Law and it gives the president the power to take just about anything deemed necessary for “National Defense”, whatever they decide that is.    It’s peacetime, because as the title of the order says, it’s for “Preparedness”.  A copy of the entire order follows the end of this story.

Under this order the heads of these cabinet level positions; Agriculture, Energy, Health and Human Services, Transportation, Defense and Commerce can take food, livestock, fertilizer, farm equipment, all forms of energy, water resources, all forms of civil transporation (meaning any vehicles, boats, planes),  and any other materials, including construction materials from wherever they are available.  This is probably why the government has been visiting farms with GPS devices, so they know exactly where to go when they turn this one on.

Specifically, the government is allowed to allocate materials, services, and facilities as deemed necessary or appropriate.  They decide what necessary or appropriate means.

UPDATE:  BIN reader Kent Welton writes:  This allows for the giving away of USA assets and subsidies to private companies:   “(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.”

What happens if the government decides it needs all these things to be prepared, even if there is no war?   You likely won’t be able to walk into a store to purchase virtually anything because it will all be requisitioned, “rationed” and controlled by the government.  Construction materials, food like meat, butter and sugar, anything imported, parts, tires and fuel for vehicles, clothing, etc. will likely become unobtainable, or at least very scarce.  How many things are even made here in the USA any more?

A bit of history…  During WWII, price stabilization didn’t begin until May of 1942, which froze prices on nearly all every day goods and rationing started in 1943.  Why would the government want to control everything before a war?

Here’s what some gas ration cards looked like during WWII.  Will there be rationing under this kind of system?  What better way to control the movement and actions of the populace…

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WWII era gas ration cards via Old Chester PA.  You couldn’t go on vacation without a “vacation pass”.

Under this new Executive Order, cabinet heads are authorized to loan money, offer loan guarantees and even subsidize payments at above market rates (no bid contracts?) for whatever they need.   This could make Solyndra or Halliburton look like Junior Achievement.   Nothing like a war will generate these kinds of huge profits for the corporate “partners” and you can bet the bankers and contractors are already lining up for this one — because under this order no war is even required!

In a crisis situation, the government will be able to take whatever they need, print money to get whatever they want and distribute it as they see fit….for the benefit of a “war effort” or the politically connected corporations and individuals.  All other contracts except those for employment are superseded by this executive order, it’s all here in black and white.

Specifically, it orders:

“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.

About all I can say is “Have a nice day!”
Link HERE

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”).

Sec102.  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.

Sec103.  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.

Sec104.  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

Sec201.  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.

Sec202.  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.

Sec203.  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.

Sec204.  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

Sec301.  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.

Sec302.  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.

Sec303.  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.

Sec304.  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.

Sec305.  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.

Sec306.  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.

Sec307.  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.

Sec308.  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.

Sec309.  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.

Sec310.  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.

Sec311.  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.

Sec312.  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

Sec401.  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.

Sec402.  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.

Sec403.  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

Sec501.  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.

Sec502.  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

Sec601.  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

Sec701.  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.

Sec702.  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

Sec801.  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.”

Sec802.  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.

Sec803.  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.

Sec804.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.

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

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

BARACK OBAMA

THE WHITE HOUSE,
March 16, 2012.

Related Stories: from Maggies Notebook

Obama: Executive Order 3/16/12 – National Defense Resources Preparedness Executive Order – Some EO History

From Hot Air:

“National Defense Resources Preparedness” executive order: Power grab or mere update?

 

From Prof. Jacobson at Legal Insurrection:

I’ve received a number of e-mails and comments about an Executive Order signed by Obama on Friday, titled National Defenses Resources Preparedness, and what it means.

It appears that this Executive Order is an update of prior Executive Orders signed in 1988 and 1994 which elaborate similar powers in time of war or national emergency.  The 1994 Order in particular was not limited to national emergency:


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