To be truly righteous,
it’s apart from the law;
covered by Christ Jesus,
who had no sin, nor flaw.
Righteousness is a gift,
granted to believers;
through faith in Christ alone;
For each of us have sinned,
fallen short of glory;
yet He justifies us,
redemptive grace stories.
God gave His only Son,
lone worthy sacrifice;
He who had known no sin,
the One to justify.
We boast not of our acts,
nor of law adherence;
but boast of His great grace,
and His loving kindness.
(Responding to Romans 3:21-28)
Dear Heavenly Father, thank You that to be considered righteous before You, we don’t have to do “enough” or be “enough” to earn it, but rather if we place our trust in You, it is a gift that You grant to each of us as You view us through the veil of Your sinless Son. Forgive us for allowing grace and the law to become muddied, and help us to walk faithfully in the fullness of the grace we have been given, so that we might live and love in a way that is pleasing to You. May our acceptance of Your grace and our willingness to obey, allow Your light and love to reflect clearly through us to those who need to know You. May many come to grasp Your great grace for themselves, as their hearts are filled with faith in You. Amen.
© Shannon Elizabeth Moreno and Revelations in Writing, May 2011 – present
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.
A DISCOURSE ON THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES–
John C. Calhoun, Union and Liberty: The Political Philosophy of John C. Calhoun 
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!
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.”
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
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…..
Hattip: A BIN reader. This article may be freely reproduced in its entirety provided a link is provided back to the original BIN story.
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…
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.
The White House
Office of the Press Secretary
Executive Order — National Defense Resources Preparedness
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.
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 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:
Most Americans know that things used to be much better in the United States, but they don’t have the facts and the figures to back that belief up. Well, after reading the shocking statistics in this article nobody should be left with any doubt that things have gotten worse in America. There are less jobs, incomes are down, home values have plummeted, poverty is up, consumer debt is way up, dependence of the government has skyrocketed and government debt is totally out of control. Sadly, it hasn’t really mattered which political party has had control over the White House. Things have gotten worse under Obama, they got worse under Bush, and they got worse under Clinton. We are in the midst of a horrific long-term economic decline and the American people desperately need to wake up.
The following are 35 shocking statistics that prove that things have gotten worse in America….
#2 There are 5.6 million less jobs than there were when the last recession began back in late 2007.
#3 The U.S. government says that the number of Americans “not in the labor force” rose by 17.9 million between 2000 and 2011. During the entire decade of the 1980s, the number of Americans “not in the labor force” rose by only 1.7 million.
#5 In 2007, 73.2 percent of all young adults between the ages of 18 and 24 that were not enrolled in school had jobs. Today, that number has declined to 65 percent.
#6 Back in the year 2000, more than 50 percent of all Americans teens had a job. This past summer, only 29.6% of all American teens had a job.
#10 According to the Obama administration, about 20 percent of all jobs in the United States were manufacturing jobs back in the year 2000. Today, about 5 percent of all jobs in the United States are manufacturing jobs.
Read the next 25 at Before it’s News
“In November, the president signed the Justice Department appropriations bill, which included language… prohibiting federal agencies from facilitating the transfer of an operable firearm to an individual known or suspected to be in a drug cartel, unless they monitor the weapon at all times,” Miller writes.
“Now Mr. Obama is proposing to remove that provision from the 2013 spending bill, thus making it legal to revive gun-walking operations in the future” she reports.
That the administration claims the provision is “not needed” is hardly credible, and to do so under the rationale of “complete confidence” in Attorney General Eric Holder’s Justice Department appears to be a slap in the face not only to Congressional investigators, but to all interested in holding those responsible for gun walking accountable.
Continue reading on Examiner.com Will Obama strip gunwalking prohibition and add anti-gun provisions to budget? – National gun rights | Examiner.com http://www.examiner.com/gun-rights-in-national/will-obama-strip-gunwalking-prohibition-and-add-anti-gun-provisions-to-budget#ixzz1maTIJoVv
This is not good news for those of us who are pro-life. If we were looking for Catholics to turn against Obama because of the HHS ruling, it seems that we have been outfoxed by evil again. This is what happens when you make compromises for years. Then when the final push comes, people are so accustomed to compromising their values, that they see no problem in going the next step. God help us, because He is the only one who can. I pray that He intercedes for us as a country and enough people are willing to listen and understand the precipice that we are on. Because if they do not, the destruction of this country and the freedoms that we have enjoyed, will simply cease to exist for all practical purpose.
Thank you to my friend Rob Barkman at Settled In Heaven for awarding me as a Versatile Blogger. God works through Rob to bring us all a wonderful ministry. If you have never read his blog please take the time to do so. Also take the time to visit his video blog at Settled In Heaven Video Blog
THE RULES TO FOLLOW FOR THE VERSATILE BLOGGER AWARD:
1. Add a picture of the award to your blog post. Done 2. Thank the blogger who nominated you and include a link to their blog. Done
3. Share 7 random facts about yourself.
1)God has worked miracles in my life and I owe him my every thing.
2) I love revivals and seeing people who have never known God, give their lives to him.
3) one of the most emotionally upsetting times in my life was doing clinical, when I was a nursing student, in a pediatric nursing home. Anyone that feels sorry for themselves or think that there is nothing that they are good at, should take the time to find a pediatric nursing home, and volunteer. They always needs help and you will never be the same.
4) I like cats, and dogs, but cats better.
5) I like to figure out new ways to do things.
6)I was born in the desert, lived in the mountains and by both the Atlantic and the Pacific Oceans.
7) Would rather listen to the radio than watch TV.
4. Nominate other Bloggers and inform those they have been nominated.
Christopher James at
THE WARRIORESS at
Carolyn at[the ocean floor]
By Alan Caruba
It is the crime of the century that America, home to some of the world’s greatest reserves of coal, natural gas and oil, is being deliberately destroyed by the Environmental Protection Agency and the Department of the Interior as they do everything in their power to restrict access and drive energy producers out of business.
It is common sense that a nation that cannot produce sufficient electricity to turn on its lights and power its manufacturing sector will be destroyed if current Obama administration regulations and actions continue. Our vital transportation sector and all others that utilize petroleum-based products will suffer, too.
This isn’t an “energy policy.” It’s a “no-energy policy” and it is a guarantee of economic disaster.
Obama’s decision to reject a permit for Canada’s XL Keystone pipeline is just one example. It is a job-killer and a revenue-killer. There are thousands of pipelines serving America’s energy needs and the XL Keystone pipeline would ensure that Canada’s own vast energy reserves would flow to America. It is one of our key trade partners and Obama has slapped it in the face. Continue reading at Warning Signs…..
In a related story from the Hill
CRS report: Congress can require Keystone oil pipeline approval
Capitol Hill lawmakers probably have the Constitution at their back if they require a permit for the Keystone XL oil sands pipeline that President Obama rejected days ago, according to the nonpartisan Congressional Research Service.
Republicans are mulling bills that require approval of Keystone XL, which would bring oil sands crude from Alberta to Gulf Coast refineries.
The Jan. 20 CRS legal analysis notes that while the executive branch has historically handled the approval of border-crossing facilities, it doesn’t have to be that way. “[I]f Congress chose to assert its authority in the area of border crossing facilities, this would likely be considered within its Constitutionally enumerated authority to regulate foreign commerce,” the analysis states.
Republicans are highly unlikely to have enough political support to win Senate passage of bills that require a permit, let alone Obama’s signature. But the CRS analysis may buoy Republicans rallying around the bills to attack Obama’s Jan. 18 denial of TransCanada Corp.’s permit application.
The four CRS attorneys write that their review “suggests that legislation related to cross-border facility permitting is unlikely to raise significant constitutional questions, despite the fact that such permits have traditionally been handled by the executive branch alone pursuant to its constitutional ‘foreign affairs’ authority.”
A House Energy and Commerce Committee panel will hold a hearing next Wednesday on Rep. Lee Terry’s (R-Neb.) bill that takes review of the pipeline away from the State Department and instead requires the independent Federal Energy Regulatory Commission to issue a permit. Read the rest at the Hill
- Obama’s Keystone Debacle (papundits.wordpress.com)
- Having Led the Battle for Keystone XL Pipeline Approval, Mack Urges Colleagues of Both Parties to Override Obama’s Stonewalling (prnewswire.com)
- Obama Kills Pipeline, China Jumps In To Buy Canada’s Oil (5440fight.com)
- Fox News Insider: President Obama Issues Statement on the Rejection of the Keystone XL Pipeline (ctom1985.wordpress.com)
- Are ‘green energy’ policies thwarting job growth? (energyindependenceforstates.com)
- Was Keystone Oil Pipeline Project Killed Because it Goes Through Republican States? (pilogic.net)
Illegal Immigration is a Crime
- Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
- Eludes examination or inspection by immigration officers; or
- Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;
has committed a federal crime.
Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.
The National ICE Council, the union representing 7000 Immigration and Customs Enforcement officers, is facing a deadline late this month over whether or not to take part in training ordered by the Obama Administration aimed at reducing deportations of illegal aliens. This training was announced in a June 17th memo by ICE Director, John Morton setting out 31 factors that agency officers would use to decide whether to proceed with deportation.
Union President, Chris Crane, has been critical of Obama’s strategy, saying it amounts to orders for agents not to enforce the law. Shortly after the Morton memo was issued, Crane toldPRNewswire, ”Any American concerned about immigration needs to brace themselves for what’s coming. This is just one of many new ICE policies in queue aimed at stopping the enforcement of U.S. immigration laws in the United States. Unable to pass its immigration agenda through legislation, the Administration is now implementing it through agency policy.”
Crane also stated that agents, officers, employees and the Union had no input in these policies, “ICE and the Administration have excluded our union and our agents from the entire process of developing policies, it was all kept secret from us, we found out from the newspapers. ICE worked hand in hand with immigrants’ rights groups, but excluded its own officers.”
Naturally, all this has been ignored by the mainstream media, along with the 2010 no-confidence vote ICE agents gave Obama appointee, John Morton.
Just as concerning are the secret policies being implemented at ICE. Agents claim that DirectorJohn Morton always presents written policies for public consumption, but then makes “secret changes” to the policies which ICE refuses to put in writing. ICE knows the policy changes will create a political outcry or could place the public or ICE officers at risk. ”Our officers are already under orders not to make arrests or even talk to foreign nationals in most cases unless another agency has already arrested them. You won’t find that written in any public ICE policy.”
He also accuses the administration of changing the policies to win support of immigrant groups in the election.
“Law enforcement and public safety have taken a back seat to attempts to satisfy immigrant advocacy groups,” Mr. Crane told a House Judiciary subcommittee in October.
“I think the writing is on the wall for every person concerned about good government and effective immigration reforms – the things happening at ICE represent neither, said Crane.
We are asking everyone to please email or call your Congressman and Senators immediately and ask them to help stop what’s happening at ICE, we desperately need your help.”
Contact information for Arkansas Congressional Delegation:
Senator Mark Pryor (D- AR)
Senator John Boozman (R- AR)
DC Phone 202-224-4843
Representative Rick Crawford (R – 01)
DC Phone 202-225-4076
Representative Tim Griffin (R – 02)
DC Phone 202-225-2506
DC Fax 202-225-5903
Representative Steve Womack (R – 03)
Representative Mike Ross (D – 04)
DC Phone 202-225-3772
A copy of the ICE Policy on exercising Prosecutorial Discretion can be found at
Securing the Blessings of Liberty.
There is a war going on in America and we the people are losing. We have a President who has declared himself ruler with powers to do anything that he desires. A man that has decided that Congress is no longer relevant and that he can pretend that they do not exist. He is doing this with the help of Liberal Democrats that seemingly have no love of country or the freedoms that our founders fought and died to obtain.
He is doing this with the help of the Judicial Branch and it’s head Eric Holder who is supposed to represent the people but instead is acting as a strong man for Barack Obama. He is ignoring laws, and forcing States into bankruptcy in order to preserve their own laws. He is using thuggery and intimidation in order to stifle dissent.
He is using agencies such as the EPA to force Americans into a third world life-style. With the new rule just implemented to require a certain type of ethanol. Read this from Mb50′s blog for all the sickening information:
Then we have the news that they are pressuring ICE to grant visa’s to illegal immigrants, and that they are not deporting them, and in many cases letting go violent criminals that the regular law enforcement agents have already picked up.
This is a war on regular Americans and most of us are not even aware that we are in a battle. Our leaders are sitting on their behinds thinking that the will have to do nothing but change leaders in 2012. Their ignorance and laziness, their failure to lead and do what they were elected to do, is ceding the war to Mr. Obama.
While they are sitting back, living their lives as if this was just another election season and all we have to do is win the Presidency, Obama and his people are putting in as many rules and regulations as they can, all the while thumbing their nose at those who would oppose them. While most Americans are looking to Nov. for change, Obama is already changed things so much they may never recover.
With the signing of bills that allow him to arrest ordinary Americans without a warrant and detain them as long as he wishes, he has changed the landscape tremendously. He doesn’t have to put the major talk show hosts behind bars, all he has to do is go to those that are counting ballots and tell them that their families are at risk.
Anyone who knows any history know how Stalin and Mao did this. They had their agents in every block to make sure that those who would oppose them knew the consequences. Do you really believe that the OWS crowd would not willingly do this?
Think about it my friends, there is not a chance in the world that the man that has spent the last three years breaking and ignoring every law that he doesn’t like, is going to obey the law to win the Presidency again. He is going to use every thing he can to get his way because he does not care about anything but what he wants. If we don’t get people to pay attention, by the time Mr. Obama is done with his plans for this year, America will be a memory.
- Publius Huldah (grumpyelder.com)
- The coming war inside America – Controlled economic collapse, move toward globalism (a12iggymom.wordpress.com)
- EPA Under Fire from House Republicans (indiancountrytodaymedianetwork.com)
- Hope & Change: US national debt now exceeds GDP (fellowshipofminds.wordpress.com)
- Sen. Inhofe: Obama’s EPA Waging War on Fossil Fuels (junksciencesidebar.com)
- How did the Founders provide for a separations of powers in federal government (wiki.answers.com)
- Obama: A Danger To America (rockinconservative.com)
- Obama: A Danger To America (capecountyteaparty.wordpress.com)
- Failure: Cellulosic Ethanol (junkscience.com)
- This is not America anymore (grumpyelder.com)
California I mean! They might as well give it away. They are not going to be able to keep it running for very much longer at the rate that they are going. I came across the story yesterday, that they were going to quit towing cars of people that did not have license’s. I wonder if that really makes sense to them. Or maybe they just think that it is racist or something to ticket and tow cars of people who don’t have licenses.
Does this mean that all the people who do have licenses are going to be paying the penalty, while those that don’t will get off without it? What is the incentive to get a license then? Have they thought of that? How are they going to have any revenue coming in if they forfeit all of it up front? I mean seriously, do they think that people are going to keep standing in line to go before rude people to get a license and pay for it, when if they don’t have it there are no consequences?
And what does California use the revenue from licenses and tickets for anyway? Do they not need the money all of a sudden? Isn’t is discrimination to pick one class of people and allow them to get off without punishment and make the rest of the people pay?
What is next California? You might as well throw in the towel now, as you obviously have no desire to be solvent. Why not just treat everyone the same! Wouldn’t that be fair? How about no exceptions, every body goes by the same rules? Or would that simply be too easy?
- California To Stop Towing Unlicensed Drivers (huffingtonpost.com)
- California to stop towing unlicensed drivers (seattletimes.nwsource.com)
- Unlicensed Drivers (beatcop.wordpress.com)
- Driving in California with an Out-of-state drivers license a criminal offense? (ask.metafilter.com)
- California to stop towing unlicensed drivers (sfgate.com)
My friends, this is another way of killing farms and destroying the livelihood for many Americans. The regulations that are being proposed will affect every family farm in this country, it will increase the cost of farming and our own food. It will take the children that have been learning lessons on how to farm, take care of animals, take responsibility for their own actions, and actually prevent them from being part of what their families have had for generations. Instead of helping on the farm, what are those kids going to do? Are they going to be stuck in front of a TV, playing a game, texting, or running around with people that use drugs, smoke or perhaps become vulnerable to perverts because they are no longer spending that time with their parents learning values?
What are we going to do about the increased cost of food. How many people are going hungry now? Can you afford the increased cost. Read the article below and think about the consequences, something that this administration does not seem to care about. They only seem to care about how much power they can seize over people!
Proposal stirs fears of diverting youths’ interest in agriculture
Shelly Mayer says she would never do anything to put her three children in harm’s way on their family dairy farm, but she worries that proposed regulations could put an end to many jobs for farm kids.
As Americans, Mayer says, we are too protective of our children when it comes to physical labor.
“We have raised a generation of ‘bubble-wrap’ babies,” she says.
“Parents dote so much on kids, they practically need an oxygen mask to go outside. And we wonder why they can’t function in society.”
Mayer and her husband, Dwight, have children ages 15, 13 and 8 on their farm near Slinger. They are among farmers nationwide who believe proposed U.S. Department of Labor regulations go too far in restricting what work kids could perform on farms, such as driving tractors and handling livestock.
The changes, they say, could dampen kids’ enthusiasm for becoming farmers, especially youngsters who don’t live on farms but have part-time jobs to gain farming experience.
Under the proposed rules, according to the Wisconsin Farm Bureau Federation, someone under 18 would not be allowed to do many chores for a neighbor or even their own family’s farm if it’s set up as a corporation or a business partnership.
Today, many family farms are legally structured as corporations or partnerships.
“It could take away a lot of opportunity,” said Mayer, who also is executive director of Professional Dairy Producers of Wisconsin.
Under the proposed regulations:
- Anyone under age 16 could not operate any power-driven machines unless the child was under the supervision of a parent or guardian.
- Youngsters would be prohibited from handling noncastrated livestock older than 6 months, sows with suckling pigs or cows with a newborn calf. They also could not be in situations where an animal’s behavior might be unpredictable, such as giving shots, dehorning or breeding.
- Youngsters would not be allowed to work inside any grain silo, fruit or forage storage bin, nor would they be allowed to handle pesticides. Also, they would not be allowed to work at heights above 6 feet from a floor, including working on ladders.
- The new regulations would prohibit teenagers from talking on cellphones or texting while operating a tractor.
Nationwide, a child is killed in an agricultural work site every 3½ days, and 41 young people suffer serious farm injuries each day, according to data through 2009 from the National Children’s Center for Rural and Agricultural Health and Safety.
“Children employed in agriculture are some of the most vulnerable workers in America,” the Labor Department says on its website. “The fatality rate for young agricultural workers is four times greater than that of their peers employed in nonagricultural workplaces.”
It has been more than 40 years since the Department of Labor updated child labor regulations for farms.
Farming has changed considerably in that time, with bigger tractors and other machinery that are a common cause of accidents and deaths.
It’s time to update the regulations, according to the Department of Labor.
In Wisconsin, at least 40 children were killed on farms from 2000 through 2010, according to state officials. The number of injuries, including serious ones such as amputations, is not tracked by state agencies.
Even the number of deaths is uncertain over the 10-year period, as the University of Wisconsin Extension reported seven fatalities in the age group 15 to 19 years old, while the state Hygiene Laboratory reported 10 fatalities in the age group 16 to 19 years old.
Small farms aren’t required to report workplace injuries for children on their parents’ property. Thus, many injuries probably are not recorded.
Children who work on their parents’ farms are exempt from child labor laws, and they would remain exempt under the proposed regulation changes. They can perform any tasks, even dangerous ones, at any age on a farm owned or operated by a parent, according to the Department of Labor.
Removing the family-farm exemption would help prevent the most serious farm-youth injuries, according to Barbara Lee, director of the National Farm Medicine Center, in Marshfield.
“We need to think about the kids first,” she said. “If you ask any parent whose child was killed in a farm accident, or who had a limb amputated, they would give anything to take that moment back. The injuries and deaths for children in agriculture are really gruesome and traumatic.”
Equal protection sought
Farming is one of the nation’s most dangerous occupations.
But while 81% of farm parents perceive the work to be more dangerous than other occupations, only 66% of those parents felt it was more dangerous for children to work on a farm than at other jobs, according to National Farm Medicine Center research.
Lee favors the proposed regulation changes even though the number of children injured and killed on farms has fallen considerably in recent years, according to the available data.
“Right now, children hired in other jobs are much more protected than 13- and 14-year-old kids hired in agriculture. We need equal protection,” she said.
Tractor accidents are the No. 1 cause of farm children deaths, according to the National Farm Medicine Center.
Very young children, especially, are sometimes run over by tractors if they fall off or aren’t seen by an adult driving the machine.
Most of the remaining child fatalities involve other farm machinery, such as harvesting equipment.
Children are not “little adults.” They don’t have the physical or cognitive skills needed to operate dangerous machinery, Lee said. They run into trouble in uncertain conditions, such as a roadway or a rough farm field.
Farmers say nothing is more important than a child’s safety, and that kids can be safe if they don’t take on farm jobs that are beyond their abilities and training.
It’s all about striking a balance, Mayer says.
Since she was about 7 years old, Addy Gonzales has been taught how to handle animals on her family’s dairy farm near Elkhorn.
Now 14, she helps her mother and father with farm chores, provided it’s not dangerous work and she has adult supervision.
“She would never be alone doing anything on the farm, even around the cows, because things can happen quick,” said her mother, Kim Gonzales.
Addy drives a skid-steer loader that hauls manure.
“Me and my dad will clean out the barn,” she said. “We will pitch out the poop, and I will drive the skid-steer out to the poop pile. I feel comfortable doing that stuff, but I wouldn’t necessarily feel comfortable driving a big combine or something like that.” Read the rest at JS Online http://www.jsonline.com/business/farms-could-face-new-rules-for-kid-workers-i3337e7-134368758.html