Monday, April 16, 2012
Syrian expert: Russia is protecting Syria to save Iran
A prominent expert on Syria has warned that Russia's protection of Syria is built on Russia's close alliance with Iran, saying, “The [most important] reason for Russia to support Syria is its alliance with Iran. If Syria falls, Iran will be the next target.”
Joshua Landis, an expert on Syria and the director of the University of Oklahoma's Center for Middle East Studies, also told Today's Zaman on Thursday that Turkey can “only lose if it invades” the country unilaterally, saying Ankara could quickly find itself in a military quagmire from which it “would not be able to extract itself until the Syrian regime is toppled … and a substitute government assembled.”
The Syria expert suggested that that while Syria is a “moral and humanitarian disaster that begs for humanitarian intervention,” it is a rapidly worsening civil conflict in which outside powers may be hard pressed to bring about positive change through military intervention. He predicts that if Turkey intervenes, though it may win diplomatic support from the West, it may not be able to expect the West's help in footing the enormous bill for refugees and Syria's reconstruction.
The Syria expert said “the spread of jihadism and al-Qaida, civil war, the possible break-up of Syria and a rising death toll” are all reasons why outside powers look with apprehension at the possibility of a failed state in Syria and will likely refrain from intervening in the near future.
Syria's Kurds
Landis said one of the greatest “open questions” about the conflict in Syria is the issue of the country's Kurdish population. “It is not clear if Syrian Kurds live overwhelmingly in the north part of the country or whether they are dispersed throughout Syria. This is, of course, closely related to the question of Kurdish autonomy. Do you think that is there any possibility for Syrian Kurds to declare independence or seek a political status similar to the one in Iraq?” the professor asked. Landis asserted that if the current conflict worsens, “Kurds in the northeast would prefer to secede from Syria and join Iraqi Kurdistan.”
The result, he said, is that Arabs and Kurds will likely remain at odds over what political concessions should be given to the Kurds in a post-Assad Syria. Arabs fear that granting federalism and "national" rights might encourage secession. “They do not trust the Kurdish parties and worry that granting federalism would set Syria on a slippery slope that could end with Kurdish independence,” Landis said.
Troubled intervention
Landis also cautioned about the growing Turkish enthusiasm to launch a limited “humanitarian intervention” in Syria, stating that “Syria could become a Vietnam for Turkey.”
“It would be fair and just if the international community would pay its share for the Syrian refugees who have fled to Turkey, but sadly this is unlikely. The Syrians got little aid for the Iraqi refugees that fled to Syria. Turkey is unlikely to get much more, although if they demand help from the United Nations High Commissioner for Refugees (UNHCR) and other agencies, they may do better than Syria,” Landis said.
What is the biggest problem for Turkey? Landis suggested it may be the divided Syrian political opposition, which Ankara has worked to unify; he said it still lacks the necessary internal unity and national credibility to become a government-in-waiting. Without such a necessary political body, Landis said intervention and the reconstruction of Syria “would take a very long time.” Turkey, he said, should be cautious not to foot the bill alone.
Today´s Zaman
Preparing to Depart
Exodus 12:11
“Now you shall eat it in this manner: with your loins girded, your sandals on your feet, and your staff in your hand; and you shall eat it in haste -- it is Yahweh’s Passover.”
A number of people have written to me, or forwarded to me links to videos and teachings, indicating that they sense a special significance to this year’s Passover Festival. Passover is not to be confused with the pagan Easter (Ishtar, Astarte, Astoreth) celebration. Passover is a Biblical festival established by Yahweh while Easter is a pagan celebration that originated in ancient Babylon as the worship of the Sun and the goddess of fertility (hence the symbols of fertility like bunny rabbits, Ishtar eggs, flowers, and Sunrise services). To read more on Passover and Easter, and their incompatibility, I recommend the following writing.
http://parablesblog.blogspot.com/2009/02/fat-tuesday-mardi-gras-ash-wednesday.html
Related to this, I would like to share a note for your consideration and prayer. Steve Kaempf, a brother in Christ I was blessed to meet in my travels across the nation in 2010, wrote and shared that he sensed this Passover season, and the following “counting of the omer” to hold special significance this year. One thing Steve noted is that 430 years ago the Gregorian calendar was adopted, replacing the Julian calendar.
You may ask, “Why is this significant?” The Gregorian calendar was created for the express purpose of establishing permanently a civil and religious calendar that insured Easter would always be observed at the appropriate time. The central focus of this calendar reform was getting th Easter date right.
It was introduced by Pope Gregory XIII, after whom the calendar was named, by a decree signed on 24 February 1582...
The motivation for the Gregorian reform was that the Julian calendar assumes that the time between vernal equinoxes is 365.25 days, when in fact it is presently almost exactly 11 minutes shorter. The error between these values accumulated at the rate of about three days every four centuries, resulting in the equinox being on March 11 (an accumulated error of about 10 days) and moving steadily earlier in the Julian calendar at the time of the Gregorian reform. Because the spring equinox was tied to the celebration of Easter, the Roman Catholic Church considered this steady movement in the date of the equinox undesirable.
The Gregorian calendar reform contained two parts: a reform of the Julian calendar as used prior to Pope Gregory's time and a reform of the lunar cycle used by the Church, with the Julian calendar, to calculate the date of Easter... Lilio also produced an original and practical scheme for adjusting the epacts of the moon when calculating the annual date of Easter, solving a long-standing obstacle to calendar reform.
[Source: http://en.wikipedia.org/wiki/Gregorian_calendar]
I hope the fact was not lost upon the readers of this blog that President Obama, a man who has proven by his words and actions that he is anti-christ; who has championed the murder of the unborn; who has exerted great influence to promote homosexuality in the military and in society; a man who calls evil good and good evil; who has defended Islam as a religion of peace and faith while choosing to not participate in the Christian day of prayer; a man who has supported the removal of all things overtly Christian from society did indeed celebrate Easter at the White House with much enthusiasm. Why? Because Easter is not Christian. It is a continuation of pagan Sun worship and is attended with many obscene symbols, rites and practices. (I encourage the interested reader to study the connection to Carnival in Brazil and other nations, Mardi Gras in New Orleans, etc., to discern how many debauched practices are associated with the fertility goddess Ishtar/Easter.)
Barack Obama with Easter Bunny
I guarantee you there was no Passover observance at the White House. There was no commemoration of the death, burial and resurrection of Yahshua. The focus was upon the Babylonian Easter festival.
Barack Obama - Rolling Easter Eggs on the White House Lawn
It is rather telling that a Roman Catholic Pope would place so much emphasis upon getting the date of Easter right. It reveals that the Roman Catholic Church is truly the ancient Babylonian Sun religion thinly disguised as being Christian. See the following post:
http://parablesblog.blogspot.com/2010/02/syncretism-part-four-apostles-of-sun.html
It was Pope Gregory the 13th who codified the new calendar into law. The number 13 holds an evil connotation for society at large, but few realize that the number from the earliest times has been used of Yahweh to denote rebellion and apostasy. I refer the reader to E.W. Bullinger’s study of the Biblical significance of this number.
http://www.philologos.org/__eb-nis/eight.htm#205
The year 2012 marks 430 years that the church (Roman Catholic and Protestant) has adhered to the Gregorian calendar that was devised to promote the celebration of the fertility rites of Easter at the precise time when the Sun (Spring equinox) and the lunar cycle were perfectly aligned for the correct Babylonian celebration. Like the Israelites in Egypt, the church has been brought under the sway of a fallen world system that made central the worship of pagan deities. (There is a reason that the Biblical Sabbath has been reinterpreted as falling on SUNDAY, rather than the date Yahweh established it to fall upon. It was the influence of Rome with its Sun worship that led to the change.)
It was the will of Yahweh that after 430 years of dwelling in Egypt that His chosen people should leave that pagan nation with all of its false religious practices.
Exodus 12:40-41
Now the time that the sons of Israel lived in Egypt was four hundred and thirty years. And at the end of four hundred and thirty years, to the very day, all the hosts of Yahweh went out from the land of Egypt.
Is it possible that after 430 years under the influence of the Gregorian calendar, a period in which the church has dwelt in spiritual Babylon and Egypt, that Yahweh is calling her out and that a wilderness journey lies before her at this time? I have considered this, noting specifically that Yahweh has testified to me that I should be used of Him as a guide to His people through their wilderness journeys. I have shared previously that vehicles symbolize ministry, and Yahweh has provided for me a bus (Carpenter Body Works) that was built in 1972. The bus is 40 years old this year. Forty is a number associated with wilderness journeys, for the Israelites were led through the wilderness for forty years, and Christ fasted in the wilderness for forty days.
During the past month and a half the Father has been indicating to me that a time of transition is at hand. I had spent 14 months prior to this camped in one spot in Perry, Georgia. Since that time I have been led to relocate and to make certain renovations to my bus to ready it for travel and usage in coming days. Quite beyond any choosing by myself (the reservations were made by friends) I find that my very first time of travel will be on the morning of April 15th. Passover ends April 14th. Thus, even as the Israelites found themselves traveling on this date 3,500 years ago, I find that I will also be at the beginnings of traveling in my bus.
I am not stating that the wilderness journey of the church in the wilderness will begin at this time. God has not given me any specific dates, or shown me events what will precipitate the departure of His people from their dwellings in Babylon and Egypt to enter into a wilderness period. I do believe, however, that we are at a special point in time when a remnant of God’s people are hearing the call to come out of Babylon and to surrender to be led of the Spirit in all they do even as the Israelites were led by the pillar of fire and cloud.
What would you be doing if you were an Israelite in Egypt 3,500 years ago and God had been telling you to get ready to depart? The Israelites were told to be in readiness, having their sandals on their feet and their staffs in their hands. They were to have all their possessions packed. What is often not considered is that they had to cut many ties to the world they had been living in. For more than four centuries the Israelites had been dwelling in Goshen, a fertile section of Egypt that was suitable for flocks and herds.
The Israelites had dwelt in this place for many centuries. They had built homes. They had planted gardens. They had become a settled people, thoroughly under the influence of Egypt. They knew God to be saying to them that they were to be ready to leave it all behind.
Back in 1999 the Father led me to leave everything behind that I had known. I was led to leave my employer of fourteen years and to follow wherever His Spirit led me. This resulted in my being led to surrender my house, furnishings, and many worldly possessions. I had to leave family and friends behind in order to walk with Yahshua. At that time I became a wilderness wanderer upon the earth. The following passage seems especially pertinent at this time.
Hebrews 11:24-28
By faith Moses, when he was come to years, refused to be called the son of Pharaoh's daughter; choosing rather to suffer affliction with the people of God, than to enjoy the pleasures of sin for a season; esteeming the reproach of Christ greater riches than the treasures in Egypt: for he had respect unto the recompense of the reward. By faith he forsook Egypt, not fearing the wrath of the king: for he endured, as seeing him who is invisible. Through faith he kept the Passover, and the sprinkling of blood, lest he that destroyed the firstborn should touch them.
The apostle Paul then continues by writing of others who walked similar paths as they followed God in obedience.
Hebrews 11:36-38
And others had trial of cruel mockings and scourgings, yea, moreover of bonds and imprisonment: They were stoned, they were sawn asunder, were tempted, were slain with the sword: they wandered about in sheepskins and goatskins; being destitute, afflicted, tormented; (Of whom the world was not worthy:) they wandered in deserts, and in mountains, and in dens and caves of the earth.
Wanderers in desert places. Just like those who departed from Egypt 3,500 years ago. The wilderness places the Spirit of Christ has led me through in the past decade and more have at times included actual wilderness places, but more often I have been in the cities and towns as I have followed the Spirit. There have been mockers, afflictions, and destitution at times. There has even been imprisonment. Similar things are ahead for the sons and daughters of God who will follow the Spirit faithfully in this hour. There is a wilderness way to be trod. It is an afflicted path, but there is sufficient grace all along the way. The God of all comfort will walk with His people.
In recent days the Spirit has been directing me to specific preparations. I do not fully understand what they are for. I do not know the specific character of coming days, or the needs that will be present. Nevertheless, I have sought to obey that leading I have discerned of the Spirit. In a sense, I have experienced what those Israelites in Egypt must have felt when they knew that their departure from Egypt was nearing. Decisions had to be made, and preparations taken, to prepare for a journey whose details were unknown to them. They only knew they had to be mobile. They had to let go of those things that bound them to Egypt. They needed to be free to go wherever the Spirit of Yahweh led them.
The Spirit is indicating that a similar journey is near at hand for His people. The Scriptures testify of such an experience.
Revelation 12:6
Then the woman fled into the wilderness where she had a place prepared by God, so that there she would be nourished for one thousand two hundred and sixty days.
Revelation 12:14
But the two wings of the great eagle were given to the woman, so that she could fly into the wilderness to her place, where she was nourished for a time and times and half a time, from the presence of the serpent.
For a long period of time the church has taken her nourishment in the presence of the serpent. Satan had introduced many unclean foods for the church to feed upon. The doctrines of the church have been thoroughly leavened with falsehood, idolatry, and immorality. The church must experience a period of time when she is fed with pure food, that she might be established in righteousness and truth. This feeding will occur in the wilderness as the Ekklesia, the called out ones, are borne along by the Spirit of Christ.
For those who embrace it, the journey ahead will appear to be a wilderness way. The abundance of material things, of ease, comforts and pleasure, will be absent. The remnant of God’s people must endure hardship. They must have their minds girded up to follow a difficult path without murmuring or complaint. They need to encourage themselves with the knowledge that this will be a transforming journey. It will be a journey that takes fleshly men and women with minds set upon things of the earth and transforms them into spiritual beings with the mind of Christ.
I encourage you to be sensitive to the voice of the Spirit in this hour. Ask Him to show you how to make ready for that wilderness journey ahead of you. Ask Yahweh to show you what you must do to be enabled to depart from Egypt, from Babylon, and to begin that journey to Zion. Let the Spirit of Christ be your guide.
May you be blessed with peace and understanding in these days.
P.S. I will most likely not be posting anything for the next two weeks as I will be traveling from the 15th through the 22nd. I am making final preparations now, and will be busy for some days after this time period.
ATMs that read palms to be introduced by Japanese bank no card needed
Following Japan's devastating quake and tsunami last year, many survivors were unable to access their funds because their bank cards and books had been washed away. The problem gave one bank in the country the idea to develop ATMs using palm-scanning biometric technology, doing away with the need for cards and books.
A Japanese banking group has announced it will soon be offering its customers the opportunity to make ATM cash withdrawals using palm-scanning biometric technology, doing away with the need for bank cards and books.
Ogaki Kyoritsu Bank (OKB) said the system, which is set to be introduced in September, was developed by Japanese technology company Fujitsu and functions by analysing the unique vein pattern of an individual’s palm.
Though some banks in the country already use palm-recognition technology at ATMs, they also require the use of a bank card or book. OKB is claiming a world first in that its system requires no such extras. For added security, however, customers will be asked to enter a PIN number and their date of birth.
OKB said it was the aftermath of last year’s devastating Great East Japan Earthquake which inspired it to come up with a way for customers to withdraw cash without the need for a card or book.
The quake and ensuing tsunami caused countless numbers of people to lose many of their possessions, which of course included items needed for banking transactions. With no proof of who they were, getting hold of funds turned into a lengthy and stressful process for many people affected by the disaster.
While the system could undoubtedly be useful in disaster situations, OKB also hopes its new ATMs will prove popular with customers in less calamitous times, especially those who have a tendency to turn up to withdraw money only to find they’ve left their card and book at home.
The new system, which the bank is publicizing with the tagline “You are the cash card”, will be introduced at 10 OKB banks, including several in one of the country’s biggest cities, Nagoya.
Digital Trends
Radioactive cesium detected in submarine organisms in waters off Fukushima
Some submarine organisms in waters off Iwaki, Fukushima Prefecture, carried radioactive cesium exceeding the government-imposed provisional limit of 500 becquerels per kilogram, a discovery that shed some light on radioactive substances from the crippled Fukushima nuclear complex transferring along the food chain, researchers said.
A team of researchers including Takashi Ishimaru, professor at Tokyo University of Marine Science and Technology, took samples of four kinds of submarine organisms, including sand worms, from waters about 10 kilometers from Iwaki, Fukushima Prefecture, and measured them for radiation in July 2011.
They detected 854 becquerels of cesium per kilogram in echinocardium cordatum, or the sea potato, which is a kind of sea urchin, and 471 becquerels per kilogram of cesium in sand worms. The researcher conducted a similar research in the same area in October 2011 and detected 582 becquerels of cesium per kilogram in echinocardium cordatum and 328 becquerels of cesium per kilogram in sand worms. The research results were unveiled in Tokyo on March 21. Deep-sea fish such as flounder feed on sand worms.
The Fukushima Prefectural Federation of Fisheries Cooperative Associations, which groups six local fisheries cooperative associations, has been refraining voluntarily from fishing since the outbreak of the crisis at the Fukushima No. 1 Nuclear Power Plant.
America’s Most Biblically Hostile U. S. President
When one observes President Obama’s unwillingness to accommodate America’s four-century long religious conscience protection through his attempts to require Catholics to go against their own doctrines and beliefs, one is tempted to say that he is anti-Catholic. But that characterization would not be correct. Although he has recently singled out Catholics, he has equally targeted traditional Protestant beliefs over the past four years. So since he has attacked Catholics and Protestants, one is tempted to say that he is anti-Christian. But that, too, would be inaccurate. He has been equally disrespectful in his appalling treatment of religious Jews in general and Israel in particular. So perhaps the most accurate description of his antipathy toward Catholics, Protestants, religious Jews, and the Jewish nation would be to characterize him as anti-Biblical. And then when his hostility toward Biblical people of faith is contrasted with his preferential treatment of Muslims and Muslim nations, it further strengthens the accuracy of the anti-Biblical descriptor. In fact, there have been numerous clearly documented times when his pro-Islam positions have been the cause of his anti-Biblical actions. Listed below in chronological order are (1) numerous records of his attacks on Biblical persons or organizations; (2) examples of the hostility toward Biblical faith that have become evident in the past three years in the Obama-led military; (3) a listing of his open attacks on Biblical values; and finally (4) a listing of numerous incidents of his preferential deference for Islam’s activities and positions, including letting his Islamic advisors guide and influence his hostility toward people of Biblical faith.
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Laws in place...Concentration Camps, RFID Chip, Relocation of People
The set of laws that you are about to read has been place through long period of time thats means all of presidents are from the same gang regardless of their political symbol.
Clinton
Monitored millions of private phone calls placed by U.S. citizens under the secret program code named Echelon. (before 9/11)
Bush
"The constitution is just a goddamn piece of paper" Bush Nov 2005
Hitler and Bush used an attack on country soil to create war, on Sept. 11 just a an American Reistag (referring to the 1930's fire that destroyed the german parliament building. which Hitler blamed on communists, but which most historians agree was covertly set by Nazi provocateurs.)
He Signed excitative orders giving him sole authority to impose martial law, and suspend habeas corpus.
- The government can jail you for life without charges, without a trial and without a lawyer.
- Now the U.S. must accept other nations laws
- FDA states "the Americans do not have a right to know which foods are genetically modified."
- Congressman Sensenbrenner's bill (HR1528) requires you to spy on your neighbors, including wearing a wire; Refusal would be punishable by a mandatory prison sentence of at least two years.
- Treasury Department Letter from August 12, 2005 "The government claims the power to seize all financial instruments: Currency, gold, silver, and everything else if they deem an emergency exists."
The patriot act permits:
- Secret FBI and police searches of your home and office.
- Secret government wiretaps on your phone, computer and/or internet activity.
- Secret investigation of your banks records, credit cards and other financial records.
- Secret investigation of your library and book activities.
- Secret examination of your medical, travel, and business records.
- The freezing of founds and assets without prior notice or appeal.
- The creation of secret watch lists that ban those named from air and other travel.
Real ID act
- States that anyone without the card would not be permuted to board an airplane, amtrak train, open a bank account, or enter a federal building. And all the ID's must have a RFDI chip.
Executive Order # 10999
- Allows the government to take over all modes of transportation.
Executive Order # 11000
- Allows the government to mobilize civilians into work brigades under government supervision. (Sounds very Jew to me)
Executive Order # 11921
- Allows the government to declare a state of emergency that is not defined, and congress cannot review the action for six months.
Executive Order # 1873
- Allows the government to vaccinate you with untested vaccines against your will.
- May 9 2007 president Bush signed a directive that granted near dictatorial powers to the office of the president in the event of a national emergency declared by the president
Obama
RFD CHIP Senate Healthcare bill HR3200
- H.R. 3200 SEC. 2521. NATIONAL MEDICAL DEVICE REGISTRY. Pg. 1000, paragraph 1.
- The Secretary shall establish a national medical device registry (in this subsection referred to as the ‘registry’) to facilitate analysis of postmarket safety and outcomes data on each device that— ‘‘is or has been used in or on a patient; ‘‘and is— ‘‘a class III device; or ‘‘a class II device that is implantable, life-supporting, or life-sustaining.”
- http://www.gpo.gov/fdsys/pkg/BILLS-111hr3200ih/pdf/BILLS-111hr3200ih.pdf
- This new law requires an RFID chip implanted in all of us. Page 1003 of the new law (dictating the timing of this chip), reads, and I quote: “Not later than 36 months after the date of the enactment”. It is now the law of the land that by March 23rd 2013 we will all be required to have an RFID chip underneath our skin and this chip will be link to our bank accounts as well as have our personal records and tracking capability built into it.
FBI Memo: Agents Can ‘Suspend the Law’
- http://nunezreport.blogspot.com/2012/03/fbi-memo-agents-can-suspend-law.html
The National Defense Resources Preparedness (This is Concentration Camp type of Bill)
Office of the Press Secretary
For Immediate Release
March 16, 2012
Executive Order -- National Defense Resources Preparedness
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.
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 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 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.
Other Laws and comments.....
For Immediate Release
March 16, 2012
Executive Order -- National Defense Resources Preparedness
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.
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 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 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.
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