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Executive Order: National Defense Resources Preparedness
The White House ^ | 3/16/12 | The White House

Posted on 03/16/2012 11:06:46 PM PDT by ebshumidors

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.


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To: EBH

Idiot really thought all us Irish would be too hung over to “comprehend” his scheme.


401 posted on 03/18/2012 8:40:21 PM PDT by reagandemocrat
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To: bgill

Another Arab Spring?


402 posted on 03/18/2012 8:53:49 PM PDT by hummingbird
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To: ebshumidors

This is interesting. Since I posted this early Saturday morning, we’ve had a lot of comments but they have since trailed off. I guess there is a reason for a Friday night doc dump.


403 posted on 03/18/2012 11:22:16 PM PDT by ebshumidors ( Marksmanship and YOUR heritage http://www.appleseedinfo.org)
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To: bgill
“I’ve been saying for two years his October surprise would come this spring. The first day of spring is Tuesday.”


Rut R’oh...........

404 posted on 03/19/2012 12:53:31 AM PDT by hummingbird
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To: ebshumidors
Ahhhh....you should not feel too bad. You created an Internet firestorm that the elites are now trying to tamp out. Pretty darn good if you ask me. You managed to get people asking, thinking, and raising awareness of how much the stroke of the Presidential pen could change life in our country.

As of this weekend, we have moved the NDRP from acting against emergency 'threats' to this country to acting on the non-emergency 'needs' of this country.

And now that things have slowed down I could not help but think of this scene Directive 10-289

And while places like HotAir etc. attempt to try and fluff this off as a 'standard procedural update;' I will continue to contend the changing of a few words, changed the whole purpose and meaning of the original law to deal threats to the United States.

405 posted on 03/19/2012 3:02:25 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: ebshumidors

Anyone forget this?

“Masses of spy drones set to swarm U.S. skies”

“It was an ironic Valentine’s Day for President Barack Obama as he signed new legislation which allows for an increased prevalence of spy drones in domestic airspace. This is not quite the gift American citizens were looking for from their Commander in Chief, whose signature graced the FAA Reauthorization Act last Tuesday without hesitation.”

“By 2015, it is expected that full-scale testing and licensing of commercial drones will occur, and that by 2020, more than 30,000 of these unmanned spy planes will patrol U.S. skies.”

“The spy drone industry is expanding rapidly, and it won’t be long before American citizens gaze into the sky with certain apprehension as to whether or not the plane they see in the distance has a human pilot in the cockpit.”

http://www.technewsiit.com/story/masses-spy-drones-set-swarm-us-skies


406 posted on 03/19/2012 5:55:07 AM PDT by chessplayer
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To: RC2

Bfl


407 posted on 03/19/2012 6:10:10 AM PDT by llandres (Forget the "New America" - restore the original one!!)
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To: mojitojoe
Quote from your DU Quote. It shows that totalitarianism is what the Obama movement is about. Historical analyisis of Obama's politics and mentality shows that he is fascist. Why is that important? We need to know the enemy to defeat him.Fascism can only be defeated using certain methods, for it usurps government from within.

The biggest hurdle is that Obama now has an iron grip on the public media.That grip needs to be destroyed.

Quote: "Need is a ubiquitous concept, threat is a very narrow one in comparison. That is only the second segment. Once you read the whole thing you understand the scope of it is unprecedented, and the very thing we need to neutralize the Conservative agenda, and ell ( sic "all) the obstructionism practiced by the Republican congress."

Note that COngress is no longer exercisioong the process of electoral democracy....rather it is "obstructionist." A mere inconvenience to "true governance." This is how desperate these fascists have become.

This my friend, is Fascism. The Obama movement is NOW no longer Democrat at all. Its fascist.And they all must be destroyed on the anvil of our Republic.This election is our last peaceful or semi peaceful chance. The riots for this summer are now being organiozed by Obama and his community workers.They plan on causing a backlash by patriots across the nation. Unions and minorities will be involved, as well as anarchists.

Photobucket

Photobucket

408 posted on 03/19/2012 6:28:03 AM PDT by Candor7 (Obama fascist info.. http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: ebshumidors
Obama Preps for a `Non-Emergency' Named Iran
409 posted on 03/19/2012 6:31:47 AM PDT by opentalk
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cross-reference threads on the EO subject:

http://www.freerepublic.com/focus/f-news/2860634/posts

http://www.freerepublic.com/focus/f-bloggers/2860787/posts

http://www.freerepublic.com/focus/f-bloggers/2860573/posts?q=1&;page=1#1

http://www.freerepublic.com/focus/f-news/2860708/posts


410 posted on 03/19/2012 7:25:12 AM PDT by daisy mae for the usa
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To: ebshumidors

We’re in an uproar over the usage of the “non-emergency” wording in obama’s EO. Found this in clinton’s EO:

Sec. 102.

“Policy. The United States must have an industrial and technology

base capable of meeting national defense requirements, and capable of contributing

to the technological superiority of its 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 all threats to the national security of the

United States.”


So what is the difference between peacetime and non-emergency?


411 posted on 03/19/2012 7:31:55 AM PDT by chessplayer
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To: All

I have just gotten off the phone talking to my two Senators’ offices, my Representative’s office, and another Representative’s office in whose district we used to live.

I’m not sure it has done any good because the staff of these people are clueless. Most of them had not read the EO and one who had didn’t seem upset about it. They are all very young and probably indoctrinated and don’t see the problem. I’m not even sure they will bother to pass along my concerns - although the 2 Senators’ staff people did say that I was not the only one who had called about it this morning. I’m going to send e-mails now - hopefully they will not be deleted.


412 posted on 03/19/2012 7:38:21 AM PDT by nanetteclaret (Unreconstructed Catholic Texan)
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Around February 23 this was news in the world, but did not get reported on in America. I don’t know if it continues today, as I still have not seen news coverage on the subject.

Chile was having riots. They were under a media black out and Gov’t had shut down the internet and cell phones. Links from around the world on the subject:

Second hand account:
http://www.dougsoutdoors.net/forum/topic/76

News report:
http://www.euronews.net/2012/02/23/chile-riots-over-quality-of-life/

News report:
http://www.biobiochile.cl/2012/02/22/nuevamente-carabineros-y-manifestantes-se-enfrentan-en-puente-ibanez-de-coyhaique.shtml

Gov’t travel ban:
https://www.osac.gov/Pages/ContentReportDetails.aspx?cid=12053

News report:
http://www.guardian.co.uk/world/video/2012/feb/21/chile-protest-santiago-aysen-video

News report:
http://www.santiagotimes.cl/chile/politics/23434-president-sends-ministers-to-chiles-protesting-aysen-region

I posted this info to another thread March 8. One poster followed up with this commment:

The Marxist MSM doesn’t want to alert Americans of what’s awaiting them to FORCE the reelection of 0b0z0 WITHOUT an election. First sign is hopeless REAL polls for 0b0z0.

After the poll alert, these are the steps of communist takeover: cut the communications, start the unrest 0WS/unions’ Reichstag Fire,) declare martial law and disarm the legally armed population.

The playbook above left out the “neutral military.”

JMO.
384 posted on Friday, March 09, 2012 9:36:56 AM by melancholy

http://www.freerepublic.com/focus/news/2827536/posts?page=390#390

__________________________________________________________

Thought this info might be an interesting addition to this thread.


413 posted on 03/19/2012 7:39:53 AM PDT by daisy mae for the usa
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To: Whenifhow; EBH

ping to Chile info. above.

I am using this thread to keep related stuff in one place.


414 posted on 03/19/2012 7:45:30 AM PDT by daisy mae for the usa
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To: melancholy

should have courtesy ping for #413. Sorry I forgot.


415 posted on 03/19/2012 7:50:06 AM PDT by daisy mae for the usa
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To: ebshumidors

Meanwhile, the drumbeat of Bolshevik Dictator Baby-Doc Barak continues to grow louder - - - - .


416 posted on 03/19/2012 7:50:44 AM PDT by Graewoulf (( obama"care" violates the 1890 Sherman Anti-Trust Law, AND is illegal by the U.S. Constitution.))
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To: daisy mae for the usa; Quix; SunkenCiv; pillut48

Thanks for the ping to info about Chile News Blackout

http://www.freerepublic.com/focus/news/2860231/posts?page=413#413


417 posted on 03/19/2012 8:00:45 AM PDT by Whenifhow
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To: daisy mae for the usa

No problem.

Thank you.


418 posted on 03/19/2012 8:19:58 AM PDT by melancholy (Professor Alinsky, Enslavement Specialist, Ph.D in L0w and H0lder)
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To: daisy mae for the usa; Whenifhow; EBH; LucyT; little jeremiah; azishot; Fantasywriter; mojitojoe; ..

My turn to forget something!

Forgot to tell you and few FReepers that the Friday EO dump IS the infrastructure “legalese” for the possible communist plan outlined in:

my #384:

http://www.freerepublic.com/focus/news/2860231/posts?page=384#384

which is included in your #413:

http://www.freerepublic.com/focus/news/2860231/posts?page=413#413

Freegards.


419 posted on 03/19/2012 8:42:00 AM PDT by melancholy (Professor Alinsky, Enslavement Specialist, Ph.D in L0w and H0lder)
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To: ebshumidors

This guy has to go! Good grief!


420 posted on 03/19/2012 8:47:48 AM PDT by AngelesCrestHighway
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To: melancholy; daisy mae for the usa

Ann Barnhardt’s essay
http://www.freerepublic.com/focus/f-news/2860900/posts?page=19#19

Post 5
excerpt:
This may be the real purpose, to make sure ObamaCare is implemented despite being declared unconstitutional.

http://www.freerepublic.com/focus/f-news/2860900/posts?page=5#5


421 posted on 03/19/2012 8:52:04 AM PDT by Whenifhow
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To: nanetteclaret

Being somewhat over looked in this is Obama’s United Nations preference over our Congress and our Constitution. He seems to be preparing for a One Man Show....dictatorship. Eric Holder does as he pleases in the Justice Department; Leon Panetta has gone from Bill Clinton’s Chief of Staff to Obama’s CIA Director and now Obama’s Secretary of Defense....it sickens me to think that General Petraeus is party to this cabal to overthrow America, I would expect it of the Clinton’s, Holder, Axelrod, Jarrett, Van Jones, Professor Gates, Soros and others.


422 posted on 03/19/2012 8:57:40 AM PDT by yoe
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To: Whenifhow; Aevery_Freeman; daisy mae for the usa; LucyT; little jeremiah; azishot; Fantasywriter; ..
Thanks for the links.

restore the physical or mental health conditions of the population.”

The Soviets used to put the dissidents in mental institutions. At the time, you would have been deemed crazy to oppose the communist regime. Made sense, eh? /s

This regime is preparing to take care of "crazy" opposition the same way rather than arguing with them! All that needs to be done is that the MSM labels anyone of the opposition crazy, as the communists always do, but when the thugs are ready, Commissar Sibelius now has the authority to haul the dissident to the 0b0z0Care free mental utopia!

Am I paranoid? Haul me away!

423 posted on 03/19/2012 9:53:39 AM PDT by melancholy (Professor Alinsky, Enslavement Specialist, Ph.D in L0w and H0lder)
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bttt


424 posted on 03/19/2012 9:55:16 AM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: chessplayer
30,000 of these unmanned spy planes will patrol U.S. skies

Unmanned until they're not.

425 posted on 03/19/2012 10:55:12 AM PDT by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: chessplayer
30,000 of these unmanned spy planes will patrol U.S. skies

Blah, meant to say armed.

426 posted on 03/19/2012 10:55:41 AM PDT by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: nanetteclaret
Most of them had not read the EO

No one ever reads anything these days. Throw in a paragraph directing all Senators to clean my birdcage every hour on the hour and it'd still be signed. If one did happen to read it and vote no, there'd be a backlash from all the bird lovers forcing him to sign. No one in DC has any backbone.

427 posted on 03/19/2012 11:03:14 AM PDT by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: reagandemocrat

AMEN!! But he is a dispicable, dangerous Idiot as well!!
Just wanted to amplify your great comment!!!


428 posted on 03/19/2012 11:15:19 AM PDT by True Republican Patriot (May GOD SAVE OUR AMERICA from ALLAH and his Prophet, HUSSEIN OBAMA!!)
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To: melancholy
Am I paranoid? Haul me away!

Haul YOU away? Look behind you. That's me being hauled away, too. I thought all along that our republican congressmen and presidential candidates would be "looking out for us" (or is that Ted Baxter's job?). P.S. Thanks for the pings.

429 posted on 03/19/2012 12:21:04 PM PDT by azishot
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To: azishot

LOL!

Don’t sell yourself short!


430 posted on 03/19/2012 1:11:17 PM PDT by melancholy (Professor Alinsky, Enslavement Specialist, Ph.D in L0w and H0lder)
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To: chessplayer
So what is the difference between peacetime and non-emergency?

You ask a very good question. One should ask why the word change at all? If they are truly synonymous...why change it? I noted the change between the word 'threat' and it has been changed to 'need,' as well.

So define "peacetime?" period without war: a time when there is no war, In politics, peacetime is defined as any period of time where there are no violent conflicts occurring.

Define non-emergency: not being or requiring emergency care

The word change one deals with violent conflicts and war. Non-emergency deals with domestic matters.

I think we all understood the previous orders were there in the event of war. Threat as the EO from Clinton calls it. Hence, the word peacetime as the opposite. But now the tone is changed to "need" and "non-emergency."

This is internal to take control vs. taking control to deal with a 'threat.'

431 posted on 03/19/2012 1:23:51 PM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: sport
The sheep may make a few baaing sounds, but nothing significant.

I agree with you.

432 posted on 03/19/2012 1:53:12 PM PDT by Borax Queen
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To: EBH

Excellent points. Thanks. I brought it up because on another board someone brought up clinton’s EO and pointed out the word peacetime and claimed it was the same as obama’s changing it to non-emergency. I wondered about that too. If peacetime and non-emergency are the same, obama didn’t have to change the wording. Yet he did. One seemingly innocuous word change can completely alter a dolcument.


433 posted on 03/19/2012 3:18:42 PM PDT by chessplayer
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To: melancholy
Image and video hosting by TinyPic

434 posted on 03/19/2012 4:03:30 PM PDT by LucyT
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bttt


435 posted on 03/19/2012 5:11:38 PM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: ebshumidors; EBH; Travis McGee; Candor7; daisy mae for the usa

http://www.fema.gov/about/employees/femacorps.shtm

On March 13, 2012, the White House announced an innovative partnership between the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) and the Corporation for National and Community Service (CNCS) to establish a FEMA-devoted unit of 1,600 service corps members within AmeriCorps National Civilian Community Corps (NCCC) solely devoted to disaster preparedness, response, and recovery. This partnership builds on the historic collaboration between the two agencies and will enhance the federal government’s disaster capabilities, increase the reliability and diversity of the disaster workforce, promote an ethic of service, expand education and economic opportunity for young people, and achieve significant cost savings for the American taxpayer. When the program is at full operational capability, and in an average disaster year, we expect to see a savings of approximately $60 million in a year.

Every year, millions of Americans suffer the effects of natural and man-made disaster. Disasters can lead to human losses, social problems, economic harm, and environmental damage. Given the prevalence and severity of disasters and other hazards, FEMA is looking for ways to diversify and fortify its existing disaster workforce structure. FEMA will partner with CNCS to support 1,600 additional service corps members annually within AmeriCorps NCCC, a full-time residential service program for individuals ages 18-24. The FEMA Corps members will be solely focus on disaster preparedness, response, and recovery activities, providing support in areas ranging from working directly with disaster survivors to supporting disaster recovering centers to sharing valuable disaster preparedness and mitigation information with the public.

The FEMA Corps members will serve for a 10 month term with an option to extend for a second year. The program will prepare thousands of young people for careers in emergency management and related fields. During their service, they will gain significant training and experience in disaster services and will provide important support to disaster survivors. The first members will begin serving in August 2012 and the program will reach full capacity within 18 months.


This may not be related to the EO—— not a large number being hired (at least in this first round), but maybe it is something that should be watched ????? Very interesting timing, anyway...


436 posted on 03/19/2012 8:27:00 PM PDT by boxlunch
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To: boxlunch
Isn't it interesting that in a few short years our cautious concern with Washington DC has gone to outright distrust?

Even democrats and liberals would have to admit, while they may have hated Bush, they knew in their hearts he would not cross the rubicon.

But with this crop that came on board with 0bama's election in 2008 we've learned very quickly that what they appear to be doing, is not what they are actually doing. We've learned the appearances that mean everything, actually mean nothing.

I do not think there has ever been a President that has invoked so much distrust, fear, and paranoia than 0bama. I long have watched that when liberals 'worried about the worst' in a Republican...it later turns out it is the Democrat that actually makes their worries come true. Liberals/progressives project onto to others their fears and miss it is they who are their own enemies.

Will these 1600 make a big difference during a hurricane response? Or how about an earthquake? Will this program improve FEMA response time?

They claim this program is going to save $60 million a year. Interesting. What professionals are they eliminating? Americorp people get a living stipend at a residential setting. They do not get paid per se. They get education awards, which can be used for college or to pay-off student loans. Even the Vista program only pays $100 per month.

This appears to be a weakening of FEMA disaster response. In order to save $60 million, who/what is being eliminated at the professional level? This is basically a draft of young people into direct government service without appropriate compensation.

Uh? Sounds like something from an EO we just read about?

But more realistically, this is a compounded disaster in the making. Folks better make sure they can take care of themselves for more than 72 hours ...

437 posted on 03/20/2012 4:28:15 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: Linda Frances

Threat against the people?

That would be the Federal government.


438 posted on 03/20/2012 5:09:48 AM PDT by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: Rashputin

Wow, someone with a little common sense. This E.O. in fact is just a routine revision, changing which departments handle what and updating definitaions like what all is considered “energy” since we have some new forms now. And eliminating FEMA from the plan, probably because of the wonderful job they did with Katrina and other recent disasters (sarcasm).

If you follow the document trail listed in this E.O., you will find that all this stuff, including resource management and labor without compensation, was actually enacted by previous presidents. In fact, Ronald Reagan wrote E.O. 12656 which stated that the executive branch had the power to control the country’s resources and even gave the Department of Defense the job of controlling all of the water supply.

Executive Order 12656 of November 18, 1988

“PART 2-General Provisions

Sec. 203. Resource Management. The head of each Federal department and agency, as appropriate within assigned areas of responsibility, shall:

(4) Develop plans to set priorities and allocate resources among civilian and military claimants; “

“PART 5-Department of Defense

Sec. 501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Defense shall:

(6) Acting through the Secretary of the Army, develop, with the concurrence of the heads of all affected departments and agencies, overall plans for the management, control, and allocation of all usable waters from all sources within the jurisdiction of the United States.”

You guys should all know by now that you cannot simply read one government document and have all the necessary information to make a decision or pass judgement.


439 posted on 03/21/2012 1:01:31 AM PDT by Swoop4321
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2 Timothy 3:13

"But evil men and seducers shall wax worse and worse, deceiving, and being deceived."


440 posted on 03/25/2012 10:22:40 AM PDT by 444Flyer (~Leaning on the everlasting arms~ (Deuteronomy 33:27) (John 3))
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To: ProtectOurFreedom; TigerLikesRooster; Red in Blue PA; originalbuckeye; blam; Quix; Alamo-Girl; ...
The time to wake up is long over . . .

Steve Quayle May 9 2012 (2 of 8)

441 posted on 06/12/2012 9:34:49 AM PDT by ex-Texan (Ecclesiastes 5:10 - 20)
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