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My Breakdown of Obama's Executive Order on Preparedness

Sunday, February 17, 2013 15:46

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There’s a lot of hubbub on the web about Obama’s “Executive Order” from March 16, 2012 regarding “National Defense Resources Preparedness.” Many Preppers and many Conservatives take the term “Preparedness” to mean that Obama is now going to start attacking citizens for their own preparedness. From the layout of the order, which I just spent the morning reading and comparing to the Executive orders from 1994 and 1988, it doesn’t seem that that’s the case. But I spent all morning breaking it down and this Executive Order scares me. There are a lot of folks that are upset but what’s upsetting them is only the tip of the iceberg– and there’s much more that may have been lost amidst the sea of jargon in this order. The Obama Administration will undoubtedly say this order is nothing to be frightened of. At the surface, it seems it’s simply following a formula set up with past administrations.

But what something seems and what something is are two different things. And, personally, I think that this Executive Order SEEMS innocuous only to further discredit people– regardless of political affiliation– from being the proverbial canary in the coal mine. What’s upsetting to me is that this comes NOW. Why not in his first 12 months in office? Why NOW after the NDAA and HR 347? Why after the Food Safety Act of 2011? Why now?

While this order is the same– in format– with past executive orders, it challenges, revokes, and changes many of those past orders. In a nutshell, it does seem to be a standard provision granting the US government the authority to assess and regulate the country’s ability to prepare for a National Disaster or Some Such Emergency, whether It happens during times of War or Peace. That’s something you’d kind of hope the government was prepared to do regardless of an Executive Order. You know– deploy the CDC to contain a contagion. Deploy the Army Reserves to, I don’t know, secure and defent a Major US City during and after a major hurricane. Prevent foreign companies from obtaining US companies that were producing critical technologies like Domestic Solar and maybe the flu vaccine.

But this Executive order, in my humble opinion, changes the game with vague language that is, like the NDAA, open to a wide degree of interpretation.

First, it opens the floodgates to allow virtually unlimited funding to any agency deemed fit by the US government. In part III “ Expansion of Productive Capacity and Supply” it gives provision for the US to guarantee any loan to any private institution for any reason provided that the head of the agencies laid out earlier (Cabinet heads and other so-called administration “Czars”) believes that the reason and the private institution shall “reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense.” That each “guaranteeing agency” is designated to act as it’s own “fiscal agent in the making of its own guarantee contracts,” determining rates of interest, commitment fees, and basically whether or not the private institution will ever pay the taxpayers back. It pretty much will make Solyndra and Halliburton, not to mention Monsanto, look like warm up exercises.

Not only does this current executive order have provisions for guaranteeing loans, subsidies, and other finances to provide the allocation of materials to private companies– but by revoking the order from 1994 in its entirety, it also removes a pretty important section from that 1994 Executive Order. In Section 801 of Executive Order 12919 of June 3, 1994, it requires “The Secretary of the Treasury, in cooperation with the Department of State, the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Agriculture, the Attorney General, and the Director of Central Intelligence” all to provide reports to the President “concerning foreign efforts to acquire United States companies involved in research, development, or production of critical technologies and industrial espionage activities directed by foreign governments against private U.S. companies.

This means that Obama has removed any provisions which previously were put in place to prevent foreign entities from taking over our critical technologies and materials. So, my read is, if Obama is allowing the US to seize critical materials and hand them over to foreign companies purely at the Government’s discretion—or the discretion of those Heads of State, Cabinet members, and Administration Czars– then what’s to stop him from handing our manufacturing industry entirely over to China?

On top of that is a truncated provision (601 (2)) that would require continual assessment of the US labor force and allow the Secretary of Labor in conjunction with the Director of Selective Service and the Secretary of Defense to develop “policies regulating the induction and deferment of persons for duty in the armed services.” Deferment of what persons? There’s a similar section in the 1994 provision, but with more specification that civilians weren’t going to be so deferred. There’s no such provision in the current order– as far as I can tell. What does that mean, exactly?

Furthermore, there’s an earlier provision, in Section 306 entitled “Strategic and Critical Materials” which would allow the Secretary of Defense, the Secretary of the Interior and the Secretary of Defense who is also acting as National Defense Stockpile Manager to “encourage the exploration, development, and mining of strategic and critical materials and other materials.” So this lifts any environmental bans on drilling for domestic oil, mining for coal or “other materials,” and fracking. It strips US citizens of our right to voice concern at this “exploration, development, and mining” PARTICULARLY when this development has serious environmental concerns– including concerns to human health.

And, that’s not all. The crux of the argument, what’s gotten so many Preppers concerned, what’s supporting the Right Wing claims that Obama is a Communist Socialist infiltrator is the provision– or series of them– that would allow the US government, under its various guises from Homeland Security to the USDA to the Department of Defense to even the Transportation department, under section 802:

“(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.”

My read? After Section 801 defined everything from Food Resources to Water and Transportation Resources, Section 802, allows the government to “redelegate” those resources that it deems most critical to the US Defense.

Will the US come in and seize your 6 month supply of SPAM or MREs? I don’t think they would do something so small– unless they happen to pay you a visit for another reason. Either you were reported by the local Army Navy or Camping store where you purchased your supply (as directed under the NDAA) or maybe after protesting– either as part of the Occupy Movement, the Tea Party Movement, or maybe you were just lined up with protestors against WalMart pushing out Mom and Pop stores in a Neighborhood Near You– you were arrested in violation of HR 347 (affectionately called the Anti-Occupy Bill). Both the NDAA and HR 347 would put you on the radar, and this Executive Order would allow the Federal Government the right to “redelegate” any of your possessions at any time.

I also think that the US Government will start looking at higher profile preparedness groups, sustainable farms, homesteads, sustainable agriculture and animal husbandry on a larger more commercial scale, and a variety of alternative levels of subsistence living. And this Executive Order will allow the Government to seize these private resources, farms, etc and hand them over to private corporations like Monsanto, Halliburton, and Walmart.

It might also set up the motions to limit or somehow ration the sale of items like foodstuff, potable water, agricultural supplies, livestock, personal defense, and so on.

But, the Obama administration will undoubtedly argue that this Executive Order is no different than all past Executive Orders from Past Administrations and it merely sets up the infrastructure to secure our nation in times of emergency. Gerald Ford, I believe, set up the first Executive Order for National Preparedness in 1975. Reagan had one, Bush Sr. and Clinton. But, those orders, didn’t allow for such sweeping control of not only the Federal Government but of private entities. Those orders had provisions to prevent foreign interests from seizing US centers involved in the development and manufacture of critical materials. And, I didn’t find areas in those orders that allowed for the redelegation and subpoena of critical materials from private citizens– unless I misread them. After all, I’m no legal whiz so I’ll admit much of the lingo escapes me. But, I’m also fully aware that when you have vague language that’s open to interpretation, it’s something to be wary of.

Thank you President Obama. What’s next?

2013-02-16 08:00:22

Source: http://www.green-and-growing.com/2012/03/my-breakdown-of-obamas-executive-order.html

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