‘Inventing terrorists’: New study reveals FBI set up terrorism-related prosecutions

RT
June 16, 2014 11:43

 

Nearly 95 per cent of terrorist arrests have been the result of FBI foiling its own entrapment plots as a part of the so-called post-9/11 War on Terror, a new study revealed.

According to the report entitled ‘Inventing Terrorists: The Lawfare of Preemptive Prosecution’, the majority of arrests involved the unjust prosecution of targeted Muslim Americans.

The 175-page study by Muslim advocacy group SALAM analyzes 399 individuals in cases included on the list of the US Department of Justice from 2001 to 2010.

“According to this study’s classification, the number of preemptive prosecution cases is 289 out of 399, or 72.4 percent. The number of elements of preemptive prosecution cases is 87 out of 399, or 21.8 percent. Combining preemptive prosecution cases and elements of preemptive prosecution cases, the total number of such cases on the DOJ list is 376, or 94.2 percent,” the report concluded.
 
The authors define ‘preemptive prosecution’ as “a law enforcement strategy adopted after 9/11, to target and prosecute individuals or organizations whose beliefs, ideology, or religious affiliations raise security concerns for the government.”
 

Nearly 25 percent of cases (99 of 399) contained material support charges. Another almost 30 per cent of cases consisted of conspiracy charges. More than 17 per cent of the analyzed cases (71 of 399 cases) involved sting operations. Over 16 percent of cases (65 of 399 cases) included false statement or perjury charges, and around six percent of cases involved immigration-related charges.

According to the report, since 9/11 only 11 cases posed “potentially significant” threat to the United States.

“Only three were successful (the [Tamerlan and Dzhokhar] Tsarnaev brothers and Major Nidal Hasan), accounting for 17 deaths and several hundred injuries,” the paper says.

One of the FBI’s strategies involved “using agents provocateur to actively entrap targets in criminal plots manufactured and controlled by the government.”
 
“The government uses agents provocateur to target individuals who express dissident ideologies and then provides those provocateurs 25 with fake (harmless) missiles, bombs, guns, money, encouragement, friendship, and the technical and strategic planning necessary to see if the targeted individual can be manipulated into planning violent or criminal action,” the report concluded.

The government could also choose to use “minor ‘technical’ crimes,” such as errors on immigration forms, an alleged false statement to a government official, gun possession, tax or financial issues, etc., to go after someone for their “ideology.”
 
“What they were trying to do is to convince the American public that there is this large army of potential terrorists that they should all be very-very scared about. They are very much engaged in world-wide surveillance and this surveillance is very valuable to them. They can learn a lot about all sorts of things and in a sense control issues to their advantage,” Steven Downs, an attorney for Project SALAM, which issued the report, told RT. “And the entire legal justification for that depends on there being a war on terror. Without a war on terror they have no right to do this. So they have to keep this war on terror going, they have to keep finding people and arresting them and locking them up and scarring everybody.”
 
In the conclusion, authors of the report offered the US government several recommendations that the DOJ "should employ" to change the present unfair terrorism laws. A total seven recommendations call on the US government to accurately identify people who offer material support for terrorism, strengthening the “entrapment” defense in the courts; abolish “terror-enhanced sentencing” that triples or quadruples jail time in cases linked to terrorist acts; disallow secret court proceedings, and immediately notifying defendants if any evidence in their case is derived from secret surveillance.

Indefinite Surveillance: Say Hello to the National Defense Authorization Act of 2014

Tuesday, 18 June 2013
By Stephen Benavides, Truthout

Passed in 1978, the Foreign Intelligence Surveillance Act (FISA) set the groundwork for surveillance, collection, and analysis of intelligence gathered from foreign powers and agents of foreign powers, up to and including any individual residing within the U.S., who were suspected of involvement in potential terrorist activity. On October 26, 2001, a little over a month after 9/11, President George W. Bush signed the USA Patriot Act into law. Two provisions, Sec. 206, permitting government to obtain secret court orders allowing roving wiretaps without requiring identification of the person, organization, or facility to be surveyed, and Sec. 215 authorizing government to access and obtain “any tangible thing” relevant to a terrorist investigation, transformed foreign intelligence into domestic intelligence.

NDAA 2014 builds on the powers granted by both the Patriot Act and FISA by allowing unrestricted analysis and research of captured records pertaining to any organization or individual “now or once hostile to the United States”. Under the Patriot Act, the ability to obtain “any tangible thing” eliminated any expectation of privacy. Under NDAA 2014 Sec. 1061(g)(1), an overly vague definition of captured records enhances government power and guarantees indefinite surveillance.

On May 22, 2013 the Subcommittee on Intelligence, Emerging Threats and Capabilities, one of several Armed Services Committees, met to discuss the National Defense Authorization Act (NDAA) for Fiscal Year 2014. The main subject of the hearing was Sec. 1061, otherwise known as Enhancement of Capacity of the United States Government to Analyze Captured Records. This enhancement provision of NDAA 2014 would effectively create a new intelligence agency, one with the authority to analyze information gained under the Patriot Act, FISA, and known spying programs such as PRISM.

Sec. 1061(a) authorizes the Secretary of Defense to "establish a center to be known as the 'Conflict Records Research Center'" (Center). The main purpose of the center, according to the bill text, is to create a "digital research database," one with the capability to "translate" and facilitate research on "records captured from countries, organizations and individuals, now or once hostile to the United States." The authorization also says the Center will conduct research and analysis to "increase the understanding of factors related to international relations, counterterrorism and conventional and unconventional warfare, and ultimately, enhance national security."

In order to make the Center run, and to accomplish such an incredibly broad scope of "research," the Secretary of Defense needs the Director of National Intelligence (DNI) to cooperate in coordinating "information exchanges important to the leadership of the United States Government." That coordination would require participation of all 16 member agencies and departments of the U.S. Intelligence Community. This would leave James Clapper, the man accused of lying to Congress about the National Security Agency's (NSA) domestic spying program known as PRISM, in de facto direction of another federal surveillance and data analysis agency. And while the Center would be officially directed and overseen by the Secretary of Defense, without unfettered access to secret and top secret information, the Center would become completely ineffective. These information exchanges would most likely include data and records generated by the mass surveillance of everyday people under PRISM, as well as surveillance of those identified as "potential terrorists" or " high value targets" by any one of those 16 intelligence agencies now in operation.

The proposed Center's information exchanges rely on captured government records. Under the NDAA 2014, Sec. 1061(g)(1), a captured record is defined as "a document, audio file, video file, audio file, video file, or other material captured during combat operations from countries, organizations, or individuals, now or once hostile to the United States." But considering that the 2001 Authorization to Use Military Force (AUMF) allows the War on Terror to exist in a perpetual and permanent state of combat operations and that the American public is already existing under an expansive surveillance state, any record may qualify as a "captured record." Thus, any captured document, audio file, video file, or other material could potentially be submitted to this new intelligence agency for research and analysis, all in the name of national security and counterterrorism, as deemed appropriate by the swelling government surveillance class.

The NDAA 2014 enhancement provision extends and consolidates the government's authority to further gather and analyze records and data captured during any national security or terrorist related investigation, not just combat operations. But it does so without creating any explicit restriction against violating an individual's right to privacy, conducting unwarranted searches and seizures, or violating due process for individuals as guaranteed by the Constitution. That's eerily similar to the NDAA 2013 Sec. 1021, which codified the indefinite military detention of American citizens without requiring they be charged with a specific crime or given a trial. Under NDAA 2013, Sec. 1021 allowed the military detention of civilians without a writ of habeas corpus, when a person "was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces." Under NDAA 2014, anyone is now subject to surveillance, not based on support of al-Qaeda or its associated forces, but based merely upon whether or not an individual is, or once was hostile to the U.S. The question of what constitutes “hostility”, is left completely unanswered.

The new enhancement provision, as well as the previous NDAA's indefinite detention mandate, goes to show how far the legislation has strayed from its stated purpose. According to House Armed Services Committee Chairman Buck McKeon (R-California), the NDAA "authorizes funding for military activities of the Department of Defense, for military construction, for defense activities of the Department of Energy, to prescribe military personnel strengths, and for other purposes."

Instead, the NDAA has become the vehicle for the Executive Branch and Department of Defense to bypass Congress and legislate away any perceived right, liberty, or privilege that conflicts with permanent war and indefinite surveillance.

In 2012, in an attempt to stop that "indefinite detention" provision, Sen. Dianne Feinstein (D-California) introduced an amendment that would have prohibited the government from detaining citizens indefinitely using military force. That proposed law, otherwise known as the Feinstein Amendment easily passed the Senate floor, but was later removed by Senate Armed Services Committee Chairman Carl Levin (D-Michigan). After removal of the only specific language that would guarantee the US government would be prohibited from interpreting the Act illegally, President Obama, also a Democrat, signed NDAA 2013 into law.

If passed in its current state, NDAA 2014 would authorize approximately $552 billion in total defense spending, with $86 billion going directly to war spending. This amount exceeds what is allowed under the automatic austerity measures that went into effect as of March 1, 2013. According to a report released in April 2013 by the Center for Strategic and Budgetary Assessments, if personnel, operation and maintenance costs continue to rise, they may consume the whole of the defense budget by 2024, drying up funds for construction, procuring weapons, or military family housing. Any program created by the Enhancement Provision of NDAA 2014 would necessarily burden an already overwhelmed working class that has been hardest hit by austerity measures.

While the NSA swears that no citizen was spied on under PRISM, the very fact that cell phone metadata and online activity was gathered from millions of individuals guarantees that information was taken illegally from innocent people. We're told that the government is attempting to minimize the amount of information captured from Americans, and that all of that information is being kept in specialized and restricted servers in order to protect our constitutional rights. But that's difficult to believe when the Department of Justice is currently fighting the release of a secret Foreign Intelligence Surveillance Act (FISA) Court opinion that details unconstitutional government surveillance.

If indefinite detention became the primary reason for opposing NDAA 2013, then the enhanced provision authorizing unlimited indefinite surveillance may fuel the most outrage against NDAA 2014. If passed in its current state, NDAA 2014 will further guarantee that people exist not only under indefinite detention and permanent war, but also under indefinite surveillance by its government.

Are all telephone calls recorded and accessible to the US government?

A former FBI counterterrorism agent claims on CNN that this is the case
by Glenn Greenwald
guardian.co.uk, Saturday 4 May 2013


The real capabilities and behavior of the US surveillance state are almost entirely unknown to the American public because, like most things of significance done by the US government, it operates behind an impenetrable wall of secrecy. But a seemingly spontaneous admission this week by a former FBI counterterrorism agent provides a rather startling acknowledgment of just how vast and invasive these surveillance activities are.

Over the past couple days, cable news tabloid shows such as CNN's Out Front with Erin Burnett have been excitingly focused on the possible involvement in the Boston Marathon attack of Katherine Russell, the 24-year-old American widow of the deceased suspect, Tamerlan Tsarnaev. As part of their relentless stream of leaks uncritically disseminated by our Adversarial Press Corps, anonymous government officials are claiming that they are now focused on telephone calls between Russell and Tsarnaev that took place both before and after the attack to determine if she had prior knowledge of the plot or participated in any way.

On Wednesday night, Burnett interviewed Tim Clemente, a former FBI counterterrorism agent, about whether the FBI would be able to discover the contents of past telephone conversations between the two. He quite clearly insisted that they could:

BURNETT: Tim, is there any way, obviously, there is a voice mail they can try to get the phone companies to give that up at this point. It's not a voice mail. It's just a conversation. There's no way they actually can find out what happened, right, unless she tells them?

CLEMENTE: "No, there is a way. We certainly have ways in national security investigations to find out exactly what was said in that conversation. It's not necessarily something that the FBI is going to want to present in court, but it may help lead the investigation and/or lead to questioning of her. We certainly can find that out.

BURNETT: "So they can actually get that? People are saying, look, that is incredible.

CLEMENTE: "No, welcome to America. All of that stuff is being captured as we speak whether we know it or like it or not."

"All of that stuff" - meaning every telephone conversation Americans have with one another on US soil, with or without a search warrant - "is being captured as we speak".

On Thursday night, Clemente again appeared on CNN, this time with host Carol Costello, and she asked him about those remarks. He reiterated what he said the night before but added expressly that "all digital communications in the past" are recorded and stored:

Let's repeat that last part: "no digital communication is secure", by which he means not that any communication is susceptible to government interception as it happens (although that is true), but far beyond that: all digital communications - meaning telephone calls, emails, online chats and the like - are automatically recorded and stored and accessible to the government after the fact. To describe that is to define what a ubiquitous, limitless Surveillance State is.

There have been some previous indications that this is true. Former AT&T engineer Mark Klein revealed that AT&T and other telecoms had built a special network that allowed the National Security Agency full and unfettered access to data about the telephone calls and the content of email communications for all of their customers. Specifically, Klein explained "that the NSA set up a system that vacuumed up Internet and phone-call data from ordinary Americans with the cooperation of AT&T" and that "contrary to the government's depiction of its surveillance program as aimed at overseas terrorists . . . much of the data sent through AT&T to the NSA was purely domestic." But his amazing revelations were mostly ignored and, when Congress retroactively immunized the nation's telecom giants for their participation in the illegal Bush spying programs, Klein's claims (by design) were prevented from being adjudicated in court.

That every single telephone call is recorded and stored would also explain this extraordinary revelation by the Washington Post in 2010:


Every day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications.

It would also help explain the revelations of former NSA official William Binney, who resigned from the agency in protest over its systemic spying on the domestic communications of US citizens, that the US government has "assembled on the order of 20 trillion transactions about US citizens with other US citizens" (which counts only communications transactions and not financial and other transactions), and that "the data that's being assembled is about everybody. And from that data, then they can target anyone they want."

Despite the extreme secrecy behind which these surveillance programs operate, there have been periodic reports of serious abuse. Two Democratic Senators, Ron Wyden and Mark Udall, have been warning for years that Americans would be "stunned" to learn what the US government is doing in terms of secret surveillance.

Strangely, back in 2002 - when hysteria over the 9/11 attacks (and thus acquiescence to government power) was at its peak - the Pentagon's attempt to implement what it called the "Total Information Awareness" program (TIA) sparked so much public controversy that it had to be official scrapped. But it has been incrementally re-instituted - without the creepy (though honest) name and all-seeing-eye logo - with little controversy or even notice.

Back in 2010, worldwide controversy erupted when the governments of Saudi Arabia and the United Arab Emirates banned the use of Blackberries because some communications were inaccessible to government intelligence agencies, and that could not be tolerated. The Obama administration condemned this move on the ground that it threatened core freedoms, only to turn around six weeks later and demand that all forms of digital communications allow the US government backdoor access to intercept them. Put another way, the US government embraced exactly the same rationale invoked by the UAE and Saudi agencies: that no communications can be off limits. Indeed, the UAE, when responding to condemnations from the Obama administration, noted that it was simply doing exactly that which the US government does:

"'In fact, the UAE is exercising its sovereign right and is asking for exactly the same regulatory compliance - and with the same principles of judicial and regulatory oversight - that Blackberry grants the US and other governments and nothing more,' [UAE Ambassador to the US Yousef Al] Otaiba said. 'Importantly, the UAE requires the same compliance as the US for the very same reasons: to protect national security and to assist in law enforcement.'"

That no human communications can be allowed to take place without the scrutinizing eye of the US government is indeed the animating principle of the US Surveillance State. Still, this revelation, made in passing on CNN, that every single telephone call made by and among Americans is recorded and stored is something which most people undoubtedly do not know, even if the small group of people who focus on surveillance issues believed it to be true (clearly, both Burnett and Costello were shocked to hear this).

Some new polling suggests that Americans, even after the Boston attack, are growing increasingly concerned about erosions of civil liberties in the name of Terrorism. Even those people who claim it does not matter instinctively understand the value of personal privacy: they put locks on their bedroom doors and vigilantly safeguard their email passwords. That's why the US government so desperately maintains a wall of secrecy around their surveillance capabilities: because they fear that people will find their behavior unacceptably intrusive and threatening, as they did even back in 2002 when John Poindexter's TIA was unveiled.

Mass surveillance is the hallmark of a tyrannical political culture. But whatever one's views on that, the more that is known about what the US government and its surveillance agencies are doing, the better. This admission by this former FBI agent on CNN gives a very good sense for just how limitless these activities are.

Americans troubled more by governmental abuse than terrorism

RT: April 29, 2013 17:55

New polling numbers suggest that United States citizens are on average more afraid of their own government then the threat of another terrorist attack.

Even after a pair of bombings in Boston two weeks ago injured hundreds, more Americans say they are unwilling to sacrifice constitutional liberties for security than those who are.
A handful of polls conducted in the days after the Boston Marathon bombings show that US citizens are responding much differently than in the aftermath of the September 11, 2001 terrorist attacks that killed roughly 3,000 people. Not only are Americans more opposed now to giving up personal freedoms for the sake of security than they were after 9/11, but other statistics show that distrust against the federal government continues to climb.

Just one day after the April 15 Boston Marathon bombing, pollsters with Fox News asked a sample of Americans, “Would you be willing to give up some of your personal freedom in order to reduce the threat of terrorism?” Forty-three percent of the respondents said they would, while 45 percent said no. Comparatively, 71 percent of Americans asked a similar question in October 2001 said they’d be willing to give up personal freedoms, while only 20 percent opposed at the time.

In the dozen years since 9/11, frequent polling conducted by Fox has suggests that the majority of Americans have all the while said they’d give up their freedoms for the sake of security. Only with the latest inquiry though are those answers reversed: the last time a majority of Americans opposed giving up privacy for security was May 2001.

“Whether or not the government overreacted in the immediate aftermath of 9/11, Americans then broadly supported a vigorous domestic counterterrorism policy,” Alan Rozenshtein writes for Lawfare Blog. “This time around, a rights-restrictive approach might not garner the same public support — if indeed that’s the road the government intends to go down.”

Indeed, a number of cities across the country have already asked for more surveillance cameras and other tactics that could be used to allegedly prevent acts of terror in the wake of the Boston bombing, but lawmakers in Washington have yet to impose the sort of restrictions on constitutional liberties that came in the aftermath of 9/11 — namely the PATROIT Act and the establishment of the US Department of Homeland Security and other agencies, including the Transportation Security Administration.
A separate poll conducted by the Washington Post just three days after the Boston Marathon bombing reveals that nearly half of those surveyed say that the government will go too far in trying to prevent future acts of terrorism. The Post asked a random national sample of 588 adults, “Which worries you more: that the government (will not go far enough to investigate terrorism because of concerns about constitutional rights), or that it (will go too far in compromising constitutional rights in order to investigate terrorism)?” Days after the Boston bombing, 41 percent of respondents said the government will not go far enough, compared to 48 percent saying they’ll go too far. When similar questions were asked in 2006 and 2010, 44 percent and 27 percent said the government will go too far, respectively, signaling that for the first time in years Americans are overly concerned about a misuse of power on the part of Washington.

That isn’t to say that the Boston attack is necessarily inspiring Americans to question authority, though. Two months before Tsarnaev brothers allegedly detonated a pair of explosives near the finish line of the Boston Marathon, 53 percent of Americans polled by the Pew Research Center said the federal government is threatening their personal rights and freedoms. In November 2011, that statistic was only 30 percent.

The Return of COINTELPRO?

Time to Target the Real Terrorists
by TOM MCNAMARA

“Democracies die behind closed doors” – Judge Damon J. Keith

For 15 years (1956-1971) the Federal Bureau of Investigation (FBI) ran a broad and highly coordinated domestic intelligence / counterintelligence program known as COINTELPRO (COunter INTELligence PROgrams). What was originally deemed as a justifiable effort to protect the US during the Cold War from Soviet and Communist threats and infiltration, soon devolved into a program for suppressing domestic dissent and spying on American citizens. Approximately 20,000 people were investigated by the FBI based only on their political views and beliefs. Most were never suspected of having committed any crime.

The reasoning behind the program, as detailed in a 1976 Senate report, was that the FBI had “the duty to do whatever is necessary to combat perceived threats to the existing social and political order.” The fact that the “perceived threats” were usually American citizens engaging in constitutionally protected behaviour was apparently overlooked. The stated goal of COINTELPRO was to “expose, disrupt, misdirect, discredit, or otherwise neutralize” any individual or group deemed to be subversive or a threat to the established power structure.

The FBI’s techniques were often extreme, with the agency being complicit in the murder and assassination of political dissidents, or having people sent away to prison for life. Some of the more “moderate” actions that were used were blackmail, spreading false rumors, intimidation and harassment. It has been argued that the US is unique in that it is the only Western industrialized democracy to have engaged in such a wide spread and well organized domestic surveillance program. It finally came to an end in 1971 when it was threatened with public exposure.

Or did it?

In a stunning revelation from the Partnership for Civil Justice Fund (PCJF), it appears that COINTELPRO is alive and well. Through a Freedom of Information Act (FOIA) request, PCJF was able to obtain documents showing how the FBI was treating the Occupy Wall Street (OWS) movement, from its inception, as a potential criminal and domestic terrorist threat. This despite the FBI’s own acknowledgement that the OWS organizers themselves planned on engaging in peaceful and popular protest and did not “condone the use of violence.”

The documents, while heavily redacted, give a clear picture of how the FBI was using its offices and agents across the country as early as August 2011 to engage in a massive surveillance scheme against OWS. This was almost a month before any actual protests took place or encampments were set up (the most famous being the one in New York City’s Zuccotti Park).

The FBI’s documents show a government agency at its most paranoid. It considered all planned protests, and the individuals involved, as potential threats. Most disturbing of all, there is talk (p. 61) of the government being ready to “engage in sniper attacks against protesters in Houston, Texas, if deemed necessary” and perhaps needing to formulate a plan “to kill the leadership [of the protest groups] via suppressed sniper rifles.”

Furthermore, the documents reveal a close and intricate partnership between the federal government on one side and banks and private businesses on the other.

On August 19, 2011, the FBI met with representatives of the New York Stock Exchange in order to discuss OWS protests that wouldn’t happen for another four weeks. In September of that year, even before OWS got into full swing, the FBI was notifying local businesses that they might be affected by protests. It is not clear if, while on Wall Street, the FBI investigated the criminal and irresponsible behavior engaged in by some of the largest banks on the planet, behavior which led directly to the financial crisis of 2008.

We are also introduced to a creature named the “Domestic Security Alliance Council” which, according to the federal government, is “a strategic partnership between the FBI, the Department of Homeland Security and the private sector.” A DSAC report tells us that any information shared between US intelligence agencies and their corporate partners should not be released to “the media, the general public or other personnel.”

In a curious coincidence, nine days after the PCJF’s embarrassing release of FBI documents, the New York Post ran a story about how a 27 year old woman and her “Harvard grad and Occupy Wall Street” boyfriend, Aaron Greene, were arrested by officers from the New York City Police Department (NYPD) after an alleged cache of weapons and bomb making explosives were found in their Greenwich Village apartment.

And what exactly led the police to this apartment? Was it credible actionable intelligence gathered from the FBI’s massive domestic surveillance program? Did some agent acquire this information by bravely infiltrating the potential domestic terrorist group known as OWS? Hardly. The NYPD was simply executing a routine search warrant related to a credit card-theft case.

But in a story about the exact same event that appeared in the New York Times, it was reported that “police said they did not believe that Mr. Greene was active in any political movements” and that no “evidence of a planned terrorist attack” had been found . Furthermore, police hadn’t “made a connection to any known plot or any connection to any known terrorists.” No mention was made of the suspect’s alleged ties to the OWS movement, an item that had been prominently reported in the New York Post’s version of events.

Oddly, a more recent New York Post story stated that Mr. Greene was now a “Nazi-loving Harvard grad” and a reported “Adolf Hitler-wannabe.” No mention was made of his suspected ties to OWS. This author made several attempts to contact the New York Post, and the writers of the 2 articles, in an effort to find out how they knew that Mr. Greene was an OWS member and activist. Attempts were also made to try to find out if the New York Post still believed that Mr. Greene was an active OWS member, or if they now simply thought that he was just an “Adolf Hitler-wannabe.”

As of the writing of this article, no response has been received from the New York Post.

The FBI’s stated mission regarding America’s security is to “develop a comprehensive understanding of the threats and penetrate national and transnational networks that have a desire and capability to harm us.”

The American people would be far better served by their government if, instead of wasting millions of dollars and thousands of man-hours harassing peaceful protesters, it spent a fraction of that time and money investigating, and bringing to justice, the people responsible for the engineered destruction of the American economy, and by extension, American society.

You know. The real terrorists.

Sources

“COINTELPRO: The FBI’s Covert Action Programs Against American Citizens” Supplementary Detailed Staff Reports on Intelligence Activities and the Rights of Americans, Book III, Final report of the Select Committee to Study Governmental Operations with respect to Intelligence Activities, United States Senate, April 23, 1976. Accessed at:
http://www.icdc.com/~paulwolf/cointelpro/churchfinalreportIIIa.htm
“COINTELPRO: The Untold American Story”, by Paul Wolf with contributions from Robert Boyle, Bob Brown, Tom Burghardt, Noam Chomsky, Ward Churchill, Kathleen Cleaver, Bruce Ellison, Cynthia McKinney, Nkechi Taifa, Laura Whitehorn, Nicholas Wilson, and Howard Zinn. Presented to U.N. High Commissioner for Human Rights Mary Robinson at the World Conference Against Racism in Durban, South Africa by the members of the Congressional Black Caucus attending the conference: Donna Christianson, John Conyers, Eddie Bernice Johnson, Barbara Lee, Sheila Jackson Lee, Cynthia McKinney, and Diane Watson, September 1, 2001. Accessed at:
http://www.icdc.com/~paulwolf/cointelpro/coinwcar3.htm
“FBI Documents Reveal Secret Nationwide Occupy Monitoring” The Partnership for Civil Justice Fund (PCJF), December 22, 2012. Accessed at: http://www.justiceonline.org/commentary/fbi-files-ows.html
“Greenwich Village couple busted with cache of weapons, bombmaking explosives: sources” by Jamie Schram, Antonio Antenucci and Matt McNulty, December 31, 2012, The New York Post.   Accessed at:
http://www.nypost.com/p/news/local/manhattan/bombmaking_in_the_village_LoRDqNzP02SDZyfC1pLVXN
“Manhattan Couple Stored Bomb-Making Items, Police Say” by Wendy Ruderman, December 31, 2012, The New York Times. Accessed at:
http://www.nytimes.com/2013/01/01/nyregion/manhattan-couple-stored-bomb-making-items-police-say.html?_r=2&%29&
“More About FBI Spying” The American Civil Liberties Union (ACLU), June 25, 2010. Accessed at:
http://www.aclu.org/spy-files/more-about-fbi-spying
“NYC couple arrested after explosive substance find” December 31, 2012, CBS/AP. Accessed at:
http://www.cbsnews.com/8301-201_162-57561371/nyc-couple-arrested-after-explosive-substance-find/
“Revealed: how the FBI coordinated the crackdown on Occupy” by Naomi Wolf, December 29, 2012, The Guardian. Accessed at:
http://www.guardian.co.uk/commentisfree/2012/dec/29/fbi-coordinated-crackdown-occupy
“The Federal Bureau of Investigation – Mission” The Federal Bureau of Investigation. Accessed at:
http://www.fbi.gov/about-us/intelligence/mission
“Village ‘bomber’ planned to blow up Washington Sq. Arch with high-grade explosives: cops” by Jamie Schram and Jessica Simeone, January 10, 2013, The New York Post. Accessed at:
http://www.nypost.com/p/news/local/village_bomber_planned_grade_blow_seiuSwWLlcAPyGvfDkPwDM

“Militants”: Media Propaganda

Monday, May 28, 2012
To avoid counting civilian deaths, Obama re-defined "militant" to mean "all military-age males in a strike zone"
By Glenn Greenwald

Virtually every time the U.S. fires a missile from a drone and ends the lives of Muslims, American media outlets dutifully trumpet in headlines that the dead were ”militants” – even though those media outlets literally do not have the slightest idea of who was actually killed. They simply cite always-unnamed “officials” claiming that the dead were “militants.” It’s the most obvious and inexcusable form of rank propaganda: media outlets continuously propagating a vital claim without having the slightest idea if it’s true.

This practice continues even though key Obama officials have been caught lying, a term used advisedly, about how many civilians they’re killing. I’ve written and said many times before that in American media discourse, the definition of “militant” is any human being whose life is extinguished when an American missile or bomb detonates (that term was even used when Anwar Awlaki’s 16-year-old American son, Abdulrahman, was killed by a U.S. drone in Yemen two weeks after a drone killed his father, even though nobody claims the teenager was anything but completely innocent: “Another U.S. Drone Strike Kills Militants in Yemen”).

This morning, the New York Times has a very lengthy and detailed article about President Obama’s counter-Terrorism policies based on interviews with “three dozen of his current and former advisers.” I’m writing separately about the numerous revelations contained in that article, but want specifically to highlight this one vital passage about how the Obama administration determines who is a “militant.” The article explains that Obama’s rhetorical emphasis on avoiding civilian deaths “did not significantly change” the drone program, because Obama himself simply expanded the definition of a “militant” to ensure that it includes virtually everyone killed by his drone strikes. Just read this remarkable passage:

Mr. Obama embraced a disputed method for counting civilian casualties that did little to box him in. It in effect counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent.

Counterterrorism officials insist this approach is one of simple logic: people in an area of known terrorist activity, or found with a top Qaeda operative, are probably up to no good. “Al Qaeda is an insular, paranoid organization — innocent neighbors don’t hitchhike rides in the back of trucks headed for the border with guns and bombs,” said one official, who requested anonymity to speak about what is still a classified program.

This counting method may partly explain the official claims of extraordinarily low collateral deaths. In a speech last year Mr. Brennan, Mr. Obama’s trusted adviser, said that not a single noncombatant had been killed in a year of strikes. And in a recent interview, a senior administration official said that the number of civilians killed in drone strikes in Pakistan under Mr. Obama was in the “single digits” — and that independent counts of scores or hundreds of civilian deaths unwittingly draw on false propaganda claims by militants.
But in interviews, three former senior intelligence officials expressed disbelief that the number could be so low. The C.I.A. accounting has so troubled some administration officials outside the agency that they have brought their concerns to the White House. One called it “guilt by association” that has led to “deceptive” estimates of civilian casualties.

“It bothers me when they say there were seven guys, so they must all be militants,” the official said. “They count the corpses and they’re not really sure who they are.”

For the moment, leave the ethical issues to the side that arise from viewing “all military-age males in a strike zone as combatants”; that’s nothing less than sociopathic, a term I use advisedly, but I discuss that in the separate, longer piece I’ve written. For now, consider what this means for American media outlets. Any of them which use the term “militants” to describe those killed by U.S. strikes are knowingly disseminating a false and misleading term of propaganda. By “militant,” the Obama administration literally means nothing more than: any military-age male whom we kill, even when we know nothing else about them. They have no idea whether the person killed is really a militant: if they’re male and of a certain age they just call them one in order to whitewash their behavior and propagandize the citizenry (unless conclusive evidence somehow later emerges proving their innocence).

What kind of self-respecting media outlet would be party to this practice? Here’s the New York Times documenting that this is what the term “militant” means when used by government officials. Any media outlet that continues using it while knowing this is explicitly choosing to be an instrument for state propaganda — not that that’s anything new, but this makes this clearer than it’s ever been.

Top Obama Officials, Secretive Process Create 'Assassination List'

Tuesday, May 22, 2012 by Common Dreams
President Obama's counter-terrorism chief has "seized the lead" in secretly determining who will die by US drone

US officials with firsthand knowledge of how the government determines who gets put on the CIA and Pentagon's lists for 'targeted killing' have confessed concern over the implications and nature of the process.  In conversations with the Associated Press, one official involved -- who spoke with assurances of anonymity -- said that some of those carrying out the policy have become leery of "how easy it has become to kill someone," under the rules established under the Obama administration and orchestrated by Obama's top counter-terrorism adviser, John Brennan.

Brennan, who last month offered the first public admission by a White House official of the existence of the clandestine drone assassination program in places like Pakistan and Yemen, has amassed unique powers by consolidating the decision-making process to a select and tightly-controlled group of people, according to AP's reporting.

"Under the new plan, Brennan's staff compiles the potential target list and runs the names past agencies such as the State Department at a weekly White House meeting," the report cites officials as describing. "Previously, targets were first discussed in meetings run by the chairman of the Joint Chiefs of Staff, Adm. Mike Mullen at the time, with Brennan being just one of the voices in the debate. Brennan ultimately would make the case to the president, but a larger number of officials would end up drawn into the discussion."

... some of those carrying out the policy have become leery of "how easy it has become to kill someone."

Human rights and civil liberties groups have called for the White House to disclose to the public the legal process by which names end up on the targeting lists, but this report will likely give them little comfort.

"The targeted killing program goes beyond the law by claiming unprecedented authority for the executive branch," wrote the ACLU's Josh Bell after learning the White House had again delayed filing requirements in response to a FOIA request for records regarding the program. "Releasing information about how the program works is the first step in the process of bringing it in line with the Constitution," he said.

Glenn Greenwald, writing at Salon.com, responding to the AP story today by observing: "Reuters previously described the secret process used to determine which human beings, including American citizens, would be targeted for due-process-free death-by-CIA: they “are placed on a kill or capture list by a secretive panel of senior government officials” with “no public record” nor “any law establishing its existence or setting out the rules” — an actual death panel, though one invented by the White House rather than established by law. And now John Brennan has even more control over the process, and fewer checks, when issuing these death sentence decrees."

And journalist Jeremy Scahill, a vocal critic of the US assassination program, tweeted with noted sarcasm:

jeremy scahill @jeremyscahill

I feel so much more comfortable now that John Brennan will be deciding who the US will assassinate.

21 May 12

*  *  *

Associated Press reports: [with emphasis provided by Greenwald]:

White House counterterror chief John Brennan has seized the lead in choosing which terrorists will be targeted for drone attacks or raids, establishing a new procedure for both military and CIA targets.

The effort concentrates power over the use of lethal U.S. force outside war zones within one small team at the White House.

The process, which is about a month old, means Brennan’s staff consults with the State Department and other agencies as to who should go on the target list, making the Pentagon’s role less relevant, according to two current and three former U.S. officials aware of the evolution in how the government goes after terrorists. . . .
Brennan’s effort gives him greater input earlier in the process, before making final recommendation to President Barack Obama. Officials outside the White House expressed concern that drawing more of the decision-making process to Brennan’s office could turn it into a pseudo military headquarters, entrusting the fate of al-Qaida targets to a small number of senior officials. . . .

Some of the officials carrying out the policy are equally leery of “how easy it has become to kill someone,” one said. The U.S. is targeting al-Qaida operatives for reasons such as being heard in an intercepted conversation plotting to attack a U.S. ambassador overseas, the official said. . . .

Human rights and civil liberties groups have argued for the White House to make public the legal process by which names end up on the targeting lists.

“We continue to believe, based on the information available, that the (drone) program itself is not just unlawful but dangerous,” said Hina Shamsi, director of the ACLU National Security Project. “It is dangerous to characterize the entire planet as a battlefield.”

Shrinking the pool of people deciding who goes on the capture/kill list means fewer people to hold accountable, said Mieke Eoyang from Third Way, a centrist Democratic think tank.

“As a general principle, if people think someone is checking their work, they are more careful,” Eoyang said. “Small groups can fall victim to group-think.”

*  *  *

Glenn Greenwald: John Brennan's New Power

Remember in the Bush era when little things like the Patriot Act and warrantless eavesdropping and military commissions were the Radical and Lawless Assaults Trampling on Our Constitution and Our Values? Now, all those things are completely normalized — controversies over those policies are like quaint and obsolete relics of a more innocent era — and we now have things like unelected Death Sentence Czars instead.

Needless to say, all of this takes place in total secrecy, with no legal framework and no oversight of any kind. Indeed, even after they had Brennan publicly defend the CIA drone program, the Obama administration continue to insist in federal court that the program is too secretive even to confirm its existence. It’s just a tiny cadre of National Security State officials who decide, in the dark, whom they want dead, and then — once the President signs off — it is done. This is the Change with which the 2009 Nobel Peace Prize laureate has gifted us: ”some of the officials carrying out the policy are equally leery of ‘how easy it has become to kill someone.’”

Reuters previously described the secret process used to determine which human beings, including American citizens, would be targeted for due-process-free death-by-CIA: they “are placed on a kill or capture list by a secretive panel of senior government officials” with “no public record” nor “any law establishing its existence or setting out the rules” — an actual death panel, though one invented by the White House rather than established by law. And now John Brennan has even more control over the process, and fewer checks, when issuing these death sentence decrees.

Remember in the Bush era when little things like the Patriot Act and warrantless eavesdropping and military commissions were the Radical and Lawless Assaults Trampling on Our Constitution and Our Values? Now, all those things are completely normalized — controversies over those policies are like quaint and obsolete relics of a more innocent era — and we now have things like unelected Death Sentence Czars instead.

13 Ways the Government Tracks You

Surveillance Nation
by BILL QUIGLEY

Privacy is eroding fast as technology offers government increasing ways to track and spy on citizens.  The Washington Post reported there are 3,984 federal, state and local organizations working on domestic counterterrorism.  Most collect information on people in the US.  Here are thirteen examples of how some of the biggest government agencies and programs track people.

One.  The National Security Agency (NSA) collects hundreds of millions of emails, texts and phone calls every day and has the ability to collect and sift through billions more.  WIRED just reported NSA is building an immense new data center which will intercept, analyze and store even more electronic communications from satellites and cables across the nation and the world.  Though NSA is not supposed to focus on US citizens, it does.

Two.  The Federal Bureau of Investigation (FBI) National Security Branch Analysis Center (NSAC) has more than 1.5 billion government and private sector records about US citizens collected from commercial databases, government information, and criminal probes.

Three.  The American Civil Liberties Union and the New York Times recently reported that cellphones of private individuals in the US are being tracked without warrants by state and local law enforcement all across the country.  With more than 300 million cellphones in the US connected to more than 200,000 cell phone towers, cellphone tracking software can pinpoint the location of a phone and document the places the cellphone user visits over the course of a day, week, month or longer.

Four.  More than 62 million people in the US have their fingerprints on file with the FBI, state and local governments.  This system, called the Integrated Automated Fingerprint Identification System (IAFIS), shares information with 43 states and 5 federal agencies.   This system conducts more than 168,000 checks each day.

Five.  Over 126 million people have their fingerprints, photographs and biographical information accessible on the US Department of Homeland Security Automated Biometric Identification System (IDENT).  This system conducts about 250,000 biometric transactions each day.  The goal of this system is to provide information for national security, law enforcement, immigration, intelligence and other Homeland Security Functions.

Six.  More than 110 million people have their visas and more than 90 million have their photographs entered into the US Department of State Consular Consolidated Database (CCD).   This system grows by adding about 35,000 people a day.  This system serves as a gateway to the Department of State Facial Recognition system, IDENT and IAFSIS.

Seven.  DNA profiles on more than 10 million people are available in the FBI coordinated Combined DNA index System (CODIS) National DNA Index.

Eight.  Information on more than 2 million people is kept in the Intelligence Community Security Clearance Repository, commonly known as Scattered Castles.  Most of the people in this database are employees of the Department of Defense (DOD) and other intelligence agencies.

Nine.  The DOD also has an automated biometric identification system (ABIS) to support military operations overseas.  This database incorporates fingerprint, palm print, face and iris matching on 6 million people and is adding 20,000 more people each day.

Ten.  Information on over 740,000 people is included in the Terrorist Identities Datamart Environment (TIDE) of the National Counterterrorism Center.  TIDE is the US government central repository of information on international terrorist identities.  The government says that less than 2 percent of the people on file are US citizens or legal permanent residents.  They were just given permission to keep their non-terrorism information on US citizens for a period of five years, up from 180 days.

Eleven.  Tens of thousands of people are subjects of facial recognition software.  The FBI has been working with North Carolina Department of Motor Vehicles and other state and local law enforcement on facial recognition software in a project called “Face Mask.”  For example, the FBI has provided thousands of photos and names to the North Carolina DMV which runs those against their photos of North Carolina drivers.  The Maricopa Arizona County Sheriff’s Office alone records 9,000 biometric mug shots a month.

Twelve.  The FBI operates the Nationwide Suspicious Activity Reporting Initiative (SAR) that collects and analyzes observations or reports of suspicious activities by local law enforcement.   With over 160,000 suspicious activity files, SAR stores the profiles of tens of thousands of Americans and legal residents who are not accused of any crime but who are alleged to have acted suspiciously.

Thirteen.  The FBI admits it has about 3,000 GPS tracking devices on cars of unsuspecting people in the US right now, even after the US Supreme Court decision authorizing these only after a warrant for probable cause has been issued.

The Future 

The technology for tracking and identifying people is exploding as is the government appetite for it.

Soon, police everywhere will be equipped with handheld devices to collect fingerprint, face, iris and even DNA information on the spot and have it instantly sent to national databases for comparison and storage.

Bloomberg News reports the newest surveillance products “can also secretly activate laptop webcams or microphones on mobile devices,” change the contents of written emails mid-transmission, and use voice recognition to scan phone networks.

The advanced technology of the war on terrorism, combined with deferential courts and legislators, have endangered both the right to privacy and the right of people to be free from government snooping and tracking.  Only the people can stop this.

Obama Executive Order: Peacetime Martial Law?

Sat Mar 17 2012 BIN

This Executive Order was posted on the WhiteHouse.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?

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.

Link HERE

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The White House

Office of the Press Secretary

For Immediate Release

March 16, 2012

Executive Order -- National Defense Resources Preparedness

EXECUTIVE ORDER

NATIONAL DEFENSE RESOURCES PREPAREDNESS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and section 301 of title 3, United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:


PART I - PURPOSE, POLICY, AND IMPLEMENTATION
Section 101. Purpose. This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the "Act").


Sec. 102. Policy. The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national defense equipment in peacetime and in times of national emergency. The domestic industrial and technological base is the foundation for national defense preparedness. The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States.


Sec. 103. General Functions. Executive departments and agencies (agencies) responsible for plans and programs relating to national defense (as defined in section 801(j) of this order), or for resources and services needed to support such plans and programs, shall:

(a) identify requirements for the full spectrum of emergencies, including essential military and civilian demand;

(b) assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;

(c) be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements;

(d) improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements; and

(e) foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, services, components, and equipment to enhance industrial base efficiency and responsiveness.

Sec. 104. Implementation. 

 (a) The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation of national defense resource preparedness policy and shall make recommendations to the President on the use of authorities under the Act.

(b) The Secretary of Homeland Security shall:

(1) advise the President on issues of national defense resource preparedness and on the use of the authorities and functions delegated by this order;
(2) provide for the central coordination of the plans and programs incident to authorities and functions delegated under this order, and provide guidance to agencies assigned functions under this order, developed in consultation with such agencies; and
(3) report to the President periodically concerning all program activities conducted pursuant to this order.

(c) The Defense Production Act Committee, described in section 701 of this order, shall:

(1) in a manner consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b), advise the President through the Assistant to the President and National Security Advisor, the Assistant to the President for Homeland Security and Counterterrorism, and the Assistant to the President for Economic Policy on the effective use of the authorities under the Act; and
(2) prepare and coordinate an annual report to the Congress pursuant to section 722(d) of the Act, 50 U.S.C. App. 2171(d).

(d) The Secretary of Commerce, in cooperation with the Secretary of Defense, the Secretary of Homeland Security, and other agencies, shall:

(1) analyze potential effects of national emergencies on actual production capability, taking into account the entire production system, including shortages of resources, and develop recommended preparedness measures to strengthen capabilities for production increases in national emergencies; and
(2) perform industry analyses to assess capabilities of the industrial base to support the national defense, and develop policy recommendations to improve the international competitiveness of specific domestic industries and their abilities to meet national defense program needs.

PART II - PRIORITIES AND ALLOCATIONS
Sec. 201. Priorities and Allocations Authorities. 

 (a) The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071, to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads:

(1) the Secretary of Agriculture with respect to food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer;
(2) the Secretary of Energy with respect to all forms of energy;
(3) the Secretary of Health and Human Services with respect to health resources;
(4) the Secretary of Transportation with respect to all forms of civil transportation;
(5) the Secretary of Defense with respect to water resources; and
(6) the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials.

(b) The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions. Each Secretary shall authorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for materials, services, and facilities needed in support of programs approved under section 202 of this order.

(c) Each resource department shall act, as necessary and appropriate, upon requests for special priorities assistance, as defined by section 801(l) of this order, in a time frame consistent with the urgency of the need at hand. In situations where there are competing program requirements for limited resources, the resource department shall consult with the Secretary who made the required determination under section 202 of this order. Such Secretary shall coordinate with and identify for the resource department which program requirements to prioritize on the basis of operational urgency. In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which program requirements should receive priority on the basis of operational urgency.

(d) If agreement cannot be reached between two such Secretaries, then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.

(e) The Secretary of each resource department, when necessary, shall make the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b). This finding shall be submitted for the President's approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution of any material (including applicable services) in the civilian market.

Sec. 202. Determinations. Except as provided in section 201(e) of this order, the authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense:

(a) by the Secretary of Defense with respect to military production and construction, military assistance to foreign nations, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities;

(b) by the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and

(c) by the Secretary of Homeland Security with respect to all other national defense programs, including civil defense and continuity of Government.

Sec. 203. Maximizing Domestic Energy Supplies. The authorities of the President under section 101(c)(1) (2) of the Act, 50 U.S.C. App. 2071(c)(1) (2), are delegated to the Secretary of Commerce, with the exception that the authority to make findings that materials (including equipment), services, and facilities are critical and essential, as described in section 101(c)(2)(A) of the Act, 50 U.S.C. App. 2071(c)(2)(A), is delegated to the Secretary of Energy.

Sec. 204. Chemical and Biological Warfare. The authority of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b), is delegated to the Secretary of Defense. This authority may not be further delegated by the Secretary.

PART III - EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY

Sec. 301. Loan Guarantees.

(a) To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense, as defined in section 801(h) of this order, is authorized pursuant to section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by private institutions.

(b) Each guaranteeing agency is designated and authorized to: (1) act as fiscal agent in the making of its own guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act; and (2) contract with any Federal Reserve Bank to assist the agency in serving as fiscal agent.

(c) Terms and conditions of guarantees under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget (OMB). The guaranteeing agency is authorized, following such consultation, to prescribe: 

(1) either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with such guarantee contracts; and
(2) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection therewith.

Sec. 302. Loans. To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092, to make loans thereunder. Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB.


Sec. 303. Additional Authorities. 

 (a) To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303 of the Act, 50 U.S.C. App. 2093, to make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for Government use or resale, and to make provision for the development of production capabilities, and for the increased use of emerging technologies in security program applications, and to enable rapid transition of emerging technologies.

(b) Materials acquired under section 303 of the Act, 50 U.S.C. App. 2093, that exceed the needs of the programs under the Act may be transferred to the National Defense Stockpile, if, in the judgment of the Secretary of Defense as the National Defense Stockpile Manager, such transfers are in the public interest.

Sec. 304. Subsidy Payments. To ensure the supply of raw or nonprocessed materials from high cost sources, or to ensure maximum production or supply in any area at stable prices of any materials in light of a temporary increase in transportation cost, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(c) of the Act, 50 U.S.C. App. 2093(c), to make subsidy payments, after consultation with the Secretary of the Treasury and the Director of OMB.


Sec. 305. Determinations and Findings. 

 (a) Pursuant to budget authority provided by an appropriations act in advance for credit assistance under section 301 or 302 of the Act, 50 U.S.C. App. 2091, 2092, and consistent with the Federal Credit Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head of each agency engaged in procurement for the national defense is delegated the authority to make the determinations set forth in sections 301(a)(2) and 302(b)(2) of the Act, in consultation with the Secretary making the required determination under section 202 of this order; provided, that such determinations shall be made after due consideration of the provisions of OMB Circular A 129 and the credit subsidy score for the relevant loan or loan guarantee as approved by OMB pursuant to FCRA.

(b) Other than any determination by the President under section 303(a)(7)(b) of the Act, the head of each agency engaged in procurement for the national defense is delegated the authority to make the required determinations, judgments, certifications, findings, and notifications defined under section 303 of the Act, 50 U.S.C. App. 2093, in consultation with the Secretary making the required determination under section 202 of this order.

Sec. 306. Strategic and Critical Materials. The Secretary of Defense, and the Secretary of the Interior in consultation with the Secretary of Defense as the National Defense Stockpile Manager, are each delegated the authority of the President under section 303(a)(1)(B) of the Act, 50 U.S.C. App. 2093(a)(1)(B), to encourage the exploration, development, and mining of strategic and critical materials and other materials.


Sec. 307. Substitutes. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(g) of the Act, 50 U.S.C. App. 2093(g), to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other resources to aid the national defense.


Sec. 308. Government-Owned Equipment. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to:

(a) procure and install additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government owned equipment in plants, factories, or other industrial facilities owned by private persons;

(b) provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093; and

(c) sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to the owners of such plants, factories, or other industrial facilities.

Sec. 309. Defense Production Act Fund. The Secretary of Defense is designated the Defense Production Act Fund Manager, in accordance with section 304(f) of the Act, 50 U.S.C. App. 2094(f), and shall carry out the duties specified in section 304 of the Act, in consultation with the agency heads having approved, and appropriated funds for, projects under title III of the Act.


Sec. 310. Critical Items. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to ensure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency. Appropriate action may include restricting contract solicitations to reliable sources, restricting contract solicitations to domestic sources (pursuant to statutory authority), stockpiling critical components, and developing substitutes for critical components or critical technology items.


Sec. 311. Strengthening Domestic Capability. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a), to utilize the authority of title III of the Act or any other provision of law to provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States.


Sec. 312. Modernization of Equipment. The head of each agency engaged in procurement for the national defense, in accordance with section 108(b) of the Act, 50 U.S.C. App. 2078(b), may utilize the authority of title III of the Act to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of the Act. In considering title III projects, the head of each agency engaged in procurement for the national defense shall provide a strong preference for proposals submitted by a small business supplier or subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2).

PART IV - VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES
Sec. 401. Delegations. The authority of the President under sections 708(c) and (d) of the Act, 50 U.S.C. App. 2158(c), (d), is delegated to the heads of agencies otherwise delegated authority under this order. The status of the use of such delegations shall be furnished to the Secretary of Homeland Security.


Sec. 402. Advisory Committees. The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services.


Sec. 403. Regulations. The Secretary of Homeland Security, after approval of the Attorney General, and after consultation by the Attorney General with the Chairman of the Federal Trade Commission, shall promulgate rules pursuant to section 708(e) of the Act, 50 U.S.C. App. 2158(e), incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out. Such rules may be adopted by other agencies to fulfill the rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e).


PART V - EMPLOYMENT OF PERSONNEL
Sec. 501. National Defense Executive Reserve.

 (a) In accordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e), there is established in the executive branch a National Defense Executive Reserve (NDER) composed of persons of recognized expertise from various segments of the private sector and from Government (except full time Federal employees) for training for employment in executive positions in the Federal Government in the event of a national defense emergency.

(b) The Secretary of Homeland Security shall issue necessary guidance for the NDER program, including appropriate guidance for establishment, recruitment, training, monitoring, and activation of NDER units and shall be responsible for the overall coordination of the NDER program. The authority of the President under section 710(e) of the Act, 50 U.S.C. App. 2160(e), to determine periods of national defense emergency is delegated to the Secretary of Homeland Security.

(c) The head of any agency may implement section 501(a) of this order with respect to NDER operations in such agency.

(d) The head of each agency with an NDER unit may exercise the authority under section 703 of the Act, 50 U.S.C. App. 2153, to employ civilian personnel when activating all or a part of its NDER unit. The exercise of this authority shall be subject to the provisions of sections 501(e) and (f) of this order and shall not be redelegated.

(e) The head of an agency may activate an NDER unit, in whole or in part, upon the written determination of the Secretary of Homeland Security that an emergency affecting the national defense exists and that the activation of the unit is necessary to carry out the emergency program functions of the agency.

(f) Prior to activating the NDER unit, the head of the agency shall notify, in writing, the Assistant to the President for Homeland Security and Counterterrorism of the impending activation.

Sec. 502. Consultants. The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section may not be redelegated.


PART VI - LABOR REQUIREMENTS
Sec. 601. Secretary of Labor. 

 (a) The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall:

(1) collect and maintain data necessary to make a continuing appraisal of the Nation's workforce needs for purposes of national defense;
(2) upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services;
(3) upon request from the head of an agency with authority under this order, consult with that agency with respect to: 

(i) the effect of contemplated actions on labor demand and utilization;
(ii) the relation of labor demand to materials and facilities requirements; and
(iii) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;

(4) upon request from the head of an agency with authority under this order:

(i) formulate plans, programs, and policies for meeting the labor requirements of actions to be taken for national defense purposes; and
(ii) estimate training needs to help address national defense requirements and promote necessary and appropriate training programs; and

(5) develop and implement an effective labor management relations policy to support the activities and programs under this order, with the cooperation of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service.

(b) All agencies shall cooperate with the Secretary of Labor, upon request, for the purposes of this section, to the extent permitted by law.

PART VII - DEFENSE PRODUCTION ACT COMMITTEE
Sec. 701. The Defense Production Act Committee. 

 (a) The Defense Production Act Committee (Committee) shall be composed of the following members, in accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b):

(1) The Secretary of State;
(2) The Secretary of the Treasury;
(3) The Secretary of Defense;
(4) The Attorney General;
(5) The Secretary of the Interior;
(6) The Secretary of Agriculture;
(7) The Secretary of Commerce;
(8) The Secretary of Labor;
(9) The Secretary of Health and Human Services;
(10) The Secretary of Transportation;
(11) The Secretary of Energy;
(12) The Secretary of Homeland Security;
(13) The Director of National Intelligence;
(14) The Director of the Central Intelligence Agency;
(15) The Chair of the Council of Economic Advisers;
(16) The Administrator of the National Aeronautics and Space Administration; and
(17) The Administrator of General Services.

(b) The Director of OMB and the Director of the Office of Science and Technology Policy shall be invited to participate in all Committee meetings and activities in an advisory role. The Chairperson, as designated by the President pursuant to section 722 of the Act, 50 U.S.C. App. 2171, may invite the heads of other agencies or offices to participate in Committee meetings and activities in an advisory role, as appropriate.

Sec. 702. Offsets. The Secretary of Commerce shall prepare and submit to the Congress the annual report required by section 723 of the Act, 50 U.S.C. App. 2172, in consultation with the Secretaries of State, the Treasury, Defense, and Labor, the United States Trade Representative, the Director of National Intelligence, and the heads of other agencies as appropriate. The heads of agencies shall provide the Secretary of Commerce with such information as may be necessary for the effective performance of this function.


PART VIII - GENERAL PROVISIONS
Sec. 801. Definitions. In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152, the following definitions apply throughout this order:

(a) "Civil transportation" includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities. "Civil transportation" also shall include direction, control, and coordination of civil transportation capacity regardless of ownership. "Civil transportation" shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly.

(b) "Energy" means all forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy.

(c) "Farm equipment" means equipment, machinery, and repair parts manufactured for use on farms in connection with the production or preparation for market use of food resources.

(d) "Fertilizer" means any product or combination of products that contain one or more of the elements nitrogen, phosphorus, and potassium for use as a plant nutrient.

(e) "Food resources" means all commodities and products, (simple, mixed, or compound), or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. "Food resources" also means potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product.

(f) "Food resource facilities" means plants, machinery, vehicles (including on farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, and for the domestic distribution of farm equipment and fertilizer (excluding transportation thereof).

(g) "Functions" include powers, duties, authority, responsibilities, and discretion.

(h) "Head of each agency engaged in procurement for the national defense" means the heads of the Departments of State, Justice, the Interior, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, the National Aeronautics and Space Administration, the General Services Administration, and all other agencies with authority delegated under section 201 of this order.

(i) "Health resources" means drugs, biological products, medical devices, materials, facilities, health supplies, services and equipment required to diagnose, mitigate or prevent the impairment of, improve, treat, cure, or restore the physical or mental health conditions of the population.

(j) "National defense" means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection and restoration.

(k) "Offsets" means compensation practices required as a condition of purchase in either government to government or commercial sales of defense articles and/or defense services as defined by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22 C.F.R. 120.1 130.17.

(l) "Special priorities assistance" means action by resource departments to assist with expediting deliveries, placing rated orders, locating suppliers, resolving production or delivery conflicts between various rated orders, addressing problems that arise in the fulfillment of a rated order or other action authorized by a delegated agency, and determining the validity of rated orders.

(m) "Strategic and critical materials" means materials (including energy) that (1) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (2) are not found or produced in the United States in sufficient quantities to meet such need and are vulnerable to the termination or reduction of the availability of the material.

(n) "Water resources" means all usable water, from all sources, within the jurisdiction of the United States, that can be managed, controlled, and allocated to meet emergency requirements, except "water resources" does not include usable water that qualifies as "food resources."

Sec. 802. General. 

 (a) Except as otherwise provided in section 802(c) of this order, the authorities vested in the President by title VII of the Act, 50 U.S.C. App. 2151 et seq., are delegated to the head of each agency in carrying out the delegated authorities under the Act and this order, by the Secretary of Labor in carrying out part VI of this order, and by the Secretary of the Treasury in exercising the functions assigned in Executive Order 11858, as amended.

(b) The authorities that may be exercised and performed pursuant to section 802(a) of this order shall include:

(1) the power to redelegate authorities, and to authorize the successive redelegation of authorities to agencies, officers, and employees of the Government; and
(2) the power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155, with respect to

(i) authorities delegated in parts II, III, and section 702 of this order, and
(ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858, as amended, provided that the subpoena power referenced in subsections (i) and (ii) shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer identified in section 802(a) of this order or by such other person or persons as the officer shall designate.

(c) Excluded from the authorities delegated by section 802(a) of this order are authorities delegated by parts IV and V of this order, authorities in section 721 and 722 of the Act, 50 U.S.C. App. 2170 2171, and the authority with respect to fixing compensation under section 703 of the Act, 50 U.S.C. App. 2153.

Sec. 803. Authority. 

(a) Executive Order 12919 of June 3, 1994, and sections 401(3) (4) of Executive Order 12656 of November 18, 1988, are revoked. All other previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent with this order or are subsequently amended or revoked under proper authority. Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act.

(b) Nothing in this order shall affect the authorities assigned under Executive Order 11858 of May 7, 1975, as amended, except as provided in section 802 of this order.

(c) Nothing in this order shall affect the authorities assigned under Executive Order 12472 of April 3, 1984, as amended.

Sec. 804. General Provisions. 

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

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

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

BARACK OBAMA

THE WHITE HOUSE,

March 16, 2012.