HEADS UP!!! Obama Executive Order Greasing the Slope

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.
http://www.whitehouse.gov/the-press-office/2012/03/16/executive-order-national-defense-resources-preparedness

The Parable of Milwaukee Burger, by Christopher T. Shields

The following Parable had to be stolen and reposted here.... It is exactly what I do not like about post-AMF Harley-Davidson and the yuppies and greed that helped corrupt a great American Tradition. It can be found following this link....

http://www.goingfaster.com/angst/milwaukeeburger.htm 

Of course this post has deeply offended yuppies across the land, so much so that he has written more on the subject, in fact it has taken a life of it's own. be sure to read more of his writtings and F.A.Q.s here.... 

http://www.goingfaster.com/angst/main.htm 

So without further delay here you go...........

__________________________________

What if Harley Davidson sold burgers instead of motorcycles? Harley Davidson has become like a greasy, family owned fast food joint that tries to offer fancy four star large franchise restaurant service at four star large franchise restaurant prices without ever upgrading the beat up old shanty that they use to make and serve burgers in. Let's call this make believe burger joint "Milwaukee Burger".


Milwaukee Burger has been around since the early part of the 20th century. It is an American icon, their menus are slathered in American flags as is their establishment. It originally started out with two friends making hamburgers in their garage. The garage didn't burn down, so they somehow figured that indicated that they had the right stuff to make burgers. Milwaukee Burger was one of the first burger restaurants around and outlived all of their domestic competition.


There is no dress code for Milwaukee Burger and MB does not care who eats at their establishment, as long as you bring money with you, and lots of it. They don't care if you eat there once or every single day, just get your money out and order from the menu. They'll even mail you a menu if you want. You can dress in jeans and sneakers and a T-shirt to eat there, they're open 24/7.


Expect to pay upwards of $30 a person for a meal there and that's just for starters. Extras like fries, a drink, and condiments will all have to be produced exclusively by this fast food chain, and you'll have to buy them for super inflated prices. It's like paying $10.00 for a tired old no excitement single little burger no bigger than the size of a biscuit, adding in a $3.00 small order of fries and another $3.00 on top of that for a small drink (refills cost as much as the original drink did, even if you bring your empty cup back up to the counter because nothing is free at Milwaukee Burger!). Your condiments, all officially licensed and endorsed and enclosed in collector packets, will include Ketchup, Mustard, Salt, and Pepper at $1.00 a packet.


Although you could use condiments from outside the restaurant, that is frowned upon because these are genuine Milwaukee Burger condiments, and their nostalgic burgers are worth you putting only the best on them. Remember, price is the first indicator of quality, or so says the management at Milwaukee Burger.


Pickles, Onions, Tomato, Lettuce, and Cheese, are also available at $2 a slice, again subject to the above criteria. If your burger isn't dressed completely, with all the fancy fixings, then you obviously are too poor to eat there and you're just jealous of those who have the money to do so. Oh, and hope you're not really hungry, because you're probably going to have to wait in line for a long time as each burger is hand made using old food parts stored in food bins in the back, and Milwaukee Burger only makes a limited amount of burgers each day. There is a long waiting list to be seated at Milwaukee Burger, there's even a line outside.


They also sell T-shirts, jackets, drink mugs, etc. for the whole burger-eating experience and they expect you to dress in Milwaukee Burger (MB) jeans, MB boots, MB belt, MB leather vest, MB bandannas, MB shirts and T-shirts, MB hats, MB leather jackets, etc. and to pay for your meal using money from your MB wallet on a chain. You might can even get designer MB checks and a MB platinum VISA card! MB slathers their name on any product that will carry a profit. Shamelessly.


One enterprising employee there will break off from MB and start his own fast food franchise called Buell Pizza. He'll use some of the same ingredients as Milwaukee Burger, and will attract a few interested customers who are looking for something more than the tired old burger. This employee will later get in some financial trouble and MB will buy out controlling share in his company. Soon the patrons will be confused. They'll be able to get a Milwaukee Pizza and a Milwaukee Burger, often at the same Milwaukee Burger restaurant, but since Pizza isn't what Milwaukee Burger is known for, it will be a different experience and not entirely comfortable to long time patrons. If you buy a pizza from Milwaukee / Buell Pizza, you can sit with the patrons eating in Milwaukee Burger, but they'll sometimes look at you funny, and not really know what to make of you since you are eating something different than they are. Some of the condiments won't work on your MB Pizza either, they'll just look strange there on your pie so you're not going to be able to get the full and rich experience that is Milwaukee Burger if you decide to branch out and try a Milwaukee Pizza. But since Milwaukee Burger almost owns Milwaukee Pizza, everything is officially licensed and endorsed, and supported by Milwaukee Burger. Still, the traditional customers are confused...


Food at Milwaukee Burger will include such lovely names as the American Burger Ultra Deluxe Soft Wrap, the American Wide Patty Hard Box, and other such obscure names. Your manager will be named "Bones" and the persons in the rear grill area who actually work on your meal will have tattoos up to their shoulder blades, and go by names such as "Skeeter" and "Skinner". Every now and then, Milwaukee Burger management will introduce a new variation of the same tired old burger. It will have maybe the lettuce in a different place, or more Ketchup and less Mustard. They'll rearrange the name of the burger from American Burger Ultra Deluxe Soft Wrap to something like American Burger Deluxe Soft Ultra Wrap and you'll be lining up to fork your money down on it.


Hollywood will show famous actors with Milwaukee Burgers. Unbelievable stunt scenes will be filmed involving Milwaukee Burgers surviving unscathed while other brands of burgers are left in flaming pieces all around. The fact that the Milwaukee Burger had to be glued together one piece to another until it would break a window if you threw it at the glass is ignored. It's the action, it's the intensity, it's the dynamic nature of having a Milwaukee Burger! It's advertising, and everyone wants a Milwaukee Burger because Milwaukee Burgers are tough, you're a bad ass if you go to Milwaukee Burger and walk out with a American Burger Ultra Deluxe Soft Wrap combo special. People will respect you. You must be strong to lift that heavy meal deal. And financially well off to eat there!


Recently Milwaukee Burger tried to copyright the sound of their burgers sizzling on the grill. Other companies were also producing burgers similar in design to Milwaukee Burger, but Milwaukee Burger wanted the sound of their burgers trademarked so that no other company could produce a burger that sizzled like Milwaukee Burger did. Milwaukee Burger claimed that it was the SIZZLE of the burger while it was on the grill that was so essential to the rich experience of enjoying a Milwaukee Burger and that sizzle was something that only Milwaukee Burger had invented and could hold full legal rights to. They wanted to be able to walk in to other burger joints and bring down the power of the law on anyone found to be producing burgers on a grill with a similar sizzling sound. Ultimately the high courts of the land laughed at Milwaukee Burger and dismissed the case.


Milwaukee may have even tried to copyright the design of the Milwaukee Burger, that is, the lower half of a bun on the bottom, a big piece of fatty meat in between, and the top half of the bun over that. Milwaukee Burger wants to be exclusive. They want to be the only maker of burgers in the land. You can have your pizzas, your tacos, your fajitas, and your fresh wraps. Who wants those? Americans, REAL red blooded Americans, want a Milwaukee Burger and Milwaukee Burger should be protected from copy cats and imitators, even though the competition makes a much better burger at half the price that is far more healthy and is served complete in a third of the time it takes for Milwaukee Burger to get around to serving you.


Now imagine going to this make-believe restaurant, imagine your life revolving around not only eating a Milwaukee Burger, but bragging about it to other people who do not eat or enjoy Milwaukee Burgers. For you, going to Milwaukee Burger will be a rite of passage, something to set you apart from the rest of the crowd, and show that you are better than all the rest. You simply won't be able to understand why people don't see Milwaukee Burger for the beauty of the traditional American burger and the enjoyment of consuming such a magnificent piece of culinary delicacy.


You will live to consume Milwaukee Burger.


Your life will revolve around it.


It will be the only perfect burger in the world.


All the other will be imitators.


Because it takes you forty minutes to get a burger, fries, and drink at Milwaukee Burger, you will laugh at others who claim that they got their burger at another burger joint, ate it, and were back at the office in half the time it took you to get your Milwaukee Burger. You laugh because you didn't choose to go to Milwaukee Burger for quick, convenient, inexpensive service. You chose to eat there because of the joy of the experience of having a Milwaukee Burger. Besides, the Milwaukee Burger is the greatest burger in the world, says so right there on the menu in big bold letters. And above the register. And on the door to the bathroom. And on the stall in the bathroom. And on each sheet of toilet paper that you use. And above the sink where you wash your hands with genuine Milwaukee Burger brand officially licensed and endorsed soap and each paper towel that you use to dry your hands.


Imagine having MB collectibles all over your desk at work, in your home, and MB stickers on your vehicles.


Imagine getting together in large groups for huge Milwaukee Burger cook outs in some far away location.


Imagine people who actually buy Milwaukee Burgers and then put them away in storage because they think they will be a good investment at a later date.


Imagine people paying brand new prices for Milwaukee Burgers that are ten or twenty years old.


Imagine the aftermarket for officially licensed and endorsed products; you'll be able to buy a Milwaukee Burger license plate and window decals in any gas station in the land. Even if you don't ever go to Milwaukee Burger. It's free advertising for them and maybe people will think that you really do eat at Milwaukee Burger.


Imagine people owning a Milwaukee Burger T-shirt, or having the Milwaukee Burger car tag and window stickers in their vehicles yet never actually going to Milwaukee Burger. 


Imagine these people, never having consumed a Milwaukee Burger, acting like experts on burgers and telling other people that if "they ain't eating at Milwaukee Burger, they ain't eating shit!"


Imagine that the Franklin Mint will hand craft several copies of the famous Milwaukee Burger, each detail lovingly duplicated, and each hand crafted reproduction available for four easy monthly payments of just $49.95.


Imagine Mattel coming out with a whole series of Milwaukee Burger based line of Barbie and Ken dolls, complete with all the officially licensed and endorsed MB apparel from the shoes, to the jeans, to the T-shirt, the jacket. The actual Milwaukee Burger itself will be sold separately, and will cost about 30% more than any of the dolls. According to toddlers under the age of five who somehow manage to get the Barbie Milwaukee Burger into their mouth, the plastic imitation burger will have the same taste as the real Milwaukee Burger.


Imagine that Ford will even offer a Milwaukee Burger edition of their F150 truck. Perfect for going to Milwaukee Burger in.


Imagine a thirty year old Milwaukee Burger going for twice the price of what a new Milwaukee Burger will cost you.


Imagine looking down on anyone who goes to McDonald's or Wendy's or Burger King and pays $5.00 for a much better, larger burger that is part of a complete meal deal and all the fancy fixings and the condiments are free for the asking.
Imagine telling another person who is eating and enjoying their burger from another franchise that they aren't eating a REAL burger, and that they don't know what a REAL burger is!


Imagine looking down on and sneering at anyone who patronizes another 'un-American' burger institution, and who doesn't cover themselves so richly in the grand regalia that helps to support their choice in eating establishments. You'll laugh at someone wearing a McDonald's shirt, or a Wendy's shirt, while you are dressed head to toe in Milwaukee Burger officially licensed and endorsed action apparel.


Imagine having saved up a long time so you can eat at Milwaukee Burger and then getting your very first Milwaukee Burger, and it being ice cold in the wrap, or missing some of the extras you ordered or it's leaking Ketchup on your leg out of a hole in the wrapper. 


Imagine you having to wait back in line, and then paying someone in the grill to fix your Milwaukee Burger.


Imagine that Milwaukee Burger just introduced the double patty combination burger. Something that every other burger joint has had for decades. And it still doesn't compare to the double patty burgers at other fast food joints, but Milwaukee Burger claims it is superior.


Imagine that Milwaukee Burger jointly develops a faster burger by working with McDonald's. This new burger is called the V-Burger. It's still expensive as a regular Milwaukee Burger, but you get it in one third quicker time for service. Traditional Milwaukee Burger patrons aren't sure of this quicker burger, they think it might be an attempt to copy the 'drive through' window type service that other burger joints have had for years.  A Milwaukee Burger that is stronger than the other traditional Milwaukee Burgers and yet is quicker off the grill? It doesn't even have the same proud sizzle! The patrons are confused! Milwaukee Burger could never have designed this burger without the help of McDonald's. They don't play that part of the package up very much, though.


Imagine what a crock of shit that Milwaukee Burger really is and what level of retardation it would take to eat exclusively at Milwaukee Burger or sing its praises. That is what Harley Davidson has become, in a nut shell. Harley Davidson is Milwaukee Burger.


-Thanks to Doug Coffey for the following submission to the MB Parable! Outlaw Burger Gangs! Bwahahahha!-


How about the lawless gangs of burger eaters that only eat at Milwaukee Burger. Of course they only eat the burgers after taking the top of the bun off and they claim the burger is just raw material for building a truly outlaw burger.


They buy condiments from aftermarket burger companies that only make condiments for Milwaukee burgers. Hotter ketchup, crisper and louder lettuce etc.


These same gang members thumb their noses at Milwaukee Burger and some even sew their MB patch on upside down to show their disdain for the company that will not acknowledge their existence. Milwaukee Burger unofficially loves these defiant gangs but the official company policy is to claim no allegiance to the gangs or it's members.

No gang member is permitted to own an MB franchise but all are permitted to shop and eat there and to purchase the Burger Clothes (tm).

Milwaukee Burger will never take a public stance against the gangs because it knows the gangs drive up company profits. It seems many wannabe burger gang members will eat Milwaukee Burgers and buy the clothes and collectables just to be like their gang heroes.

When rival burger gangs have bloody clashes in public places, Milwaukee Burger sales go up.

-George Howell adds to the menu for Milwaukee Burger!-

Don't forget about when the Japanese restaurants in town made burgers that tasted better, caused fewer cardiac problems, were cooked perfectly each and every time, and cost less than Milwaukee Burgers. The response was for Milwaukee Burger to get a government tax on all burgers bigger than the kiddie burger that tripled the price of the burgers at all restaurants except Milwaukee Burger.

(In case you didn't get it, the 700cc+ tariff the federal gov't came up with in the mid 80s on foreign bikes. When the HD management bought out the company from AMF, they were so riddled with debt, customers were ignoring them, etc, etc. They lobbied the gov't to put in place the tariffs. For a time, big foreign bikes were ludicrously expensive.)

Got Glasses? A Few Thoughts on Vision Impairment During Close Combat.

I am one of those fellas that wears glasses... and despite the countless times that I have asked.. “You wouldn't hit a guy with glasses would you?” I have still been in my fair share of minor to moderate scrapes. I bring this up today because I was involved in a minor scrape Saturday night and in a very rare instance I did not loose my glasses in the process.

After everything was broke up and under control and the individual was escorted out of the building I started doing my usual self-check process. The first thing that I am always looking for are any wounds that I may have not felt. Second I start the search for my glasses or what is left of them. This time was different. BUT, this story is not about the tactical skills that I used to retain my glasses, because there were none. It was just plain dumb luck.

I learned the hard way 20+ years ago that when someone throws a handful of sand in your eyes, or your eye is swelled shut, contact lenses actually complicate matters, so I started wearing glasses again. Of course that has it's own issues and the real smart thing would be to go have laser eye surgery and be done with it. That way I would be able to shoot without glasses, wear cool sunglasses, and in a SHTF situation, not be concerned about looking for my glasses. Maybe next years tax return will get that done. But for now, what can I do to better my odds in a close combat situation when my glasses go AWOL?

Your vision just like the rest of your senses, feed your brain real-time intelligence that when combined with past experience determines your next move automatically, and if you are a split second faster than your opponent everything goes well. When you lose your corrective eye wear this intelligence gathering process is disrupted in a couple ways, and it creates first a temporary psychological blindness that is replaced with the actual reduction in vision.

The first thing to go is the speed that your brain receives the intel is reduced. This occurs because your range of focus has now changed drastically and your brain is sending signals back to your eyes telling them to focus better, creating a delay. Being out of focus is just like smokescreens on a battle field, you can deal with the inky slightly covered shapes, it's the shapes just slightly further into the smoke that you cannot process. When those shapes finally do come into vision, your brain does a quick “Where the heck did that come from” and then starts analyzing things like speed and direction and threat level.

The next thing you lose is speed of depth perception. I say speed simply because you don't loose the perception, it just takes more time to process the info. Unfortunately that may correlate to a miss when you really needed to make a hit. Think of it as a Sniper using a high tech range-finding technique during a dynamic situation. He may be able to engage 5 moving threats at 5 dramatically different distances in the time that it would take to hit 1 or 2 with Civil War range-finding technology.

Peripheral vision may be hampered next, however, if you wear glasses this will not be as big an issue, though you will be loosing your “rearview mirrors”. I typically loose mine anyway due to tunnel-vision, something I have never been able to control once the adrenaline starts pumping.

You take those items and combine them and unless you are well trained, you will reek havoc on your eye-hand coordination, and in a close combat situation, you may have an issue. Now that slow punch turns into a slow miss which if your opponent knows what they are doing can be used to great advantage against you. So is this just a handi-cap you have to deal with, or is there a way to lesson these effects.

There are certainly ways to lesson the effects. The first is improve your existing Eye-Hand coordination. In the topic of Close Combat, the Speed Bag is a great choice and if you have access to one, please use it! In an article titled; How to Improve Hand Eye Coordination- Learn Key Exercises for Developing Hand Eye Coordination and Improve Your Athletic Performance, by Robert Rousseau of bodyomics.com ,several methods are mentioned. Please do yourself a favor and look that up.

Once you choose a few methods to improve your eye-hand coordination, take off your glasses and do it some more. If you can enlist a few friends to help your work out, have them toss a small fist size nerf ball at you while you are on the speed bag or punching bag, the rule being you have to hit it with your hand or block with your forearm before it hits you. Start easy with one that is bright colored and then increase the difficulty by going with a gray or drab colored ball, you want to train your brain to react to movement and speed more so than a specific color or shape.

At the Range, bring that target into realistic combat distances and take those glasses off (put some safety glasses on of course) and practice trying to focus on the front sight and shooting the center-mass of the blur. Of course, working on point shooting techniques is a good idea as well.

At the gym, work on hand strength and develop grappling skills. As soon as you have added constant contact to your threat, your brain starts receiving input from another set of senses and the reduction in your vision becomes less of a factor. Learn effective submission and choke holds.

The whole point of the matter is simple, try to duplicate the condition in training, the more often you do, the less of a shock to the brain you will have when you do lose your glasses during self-defense. While I am not a professional scrapper, I hope I given you some food for thought and an appetite to research to learn more about defending oneself while in a compromised situation.

Dan H

Do You Have An Inner Ninja???

FREE Download !!!!

The free #EFAD download period will extend all the way through Monday, until midnight PST. Please keep the ball rolling, one click, link and reply at a time.

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To see the rest of the plan that begins on Monday March 5^th, please go back to.........
http://www.enemiesforeignanddomestic.com/EFADcomm.htm