March 18th, 2012
The State Column
U.S. Senator John McCain, an Arizona Republican, believes that the 2012 Republican primary race is the “nastiest” race that he has ever witnessed, as he stated Sunday.
Mr. McCain endorsed Republican presidential candidate front-runner Mitt Romney in January, during the week leading up to the New Hampshire Republican primary election.
The Arizona Republican was involved in a bitter primary and general election in 2008, when he and former vice presidential candidate Sarah Palin lost to President Barack Obama. However, he feels that 2012 has been much more negative than 2008.
During an appearance on NBC’s “Meet The Press” on Sunday, Mr. McCain gave his views on the primary race thus far.
“The super PACs have played a key role, unfortunately in my view, because most are negative ads, (have) driven up unfavorables of all the candidates and made it much more difficult to win the election,” said Mr. McCain. “This is the nastiest (campaign) I have ever seen.”
The McCain endorsed Mr. Romney has actually benefited greatly from the influence of Super PACs in 2012 though. The pro Mitt Romney Super PAC Restore Our Future has spent more money on negative attack ads than nearly all of the other remaining candidates combined.
Mr. McCain’s comments sound similar to former House Speaker Newt Gingrich, who has continuously called on Mr. Romney to stop Restore Our Future from running a barrage of attack ads against himself and the other candidates.
The former Massachusetts governor has countered Mr. Gingrich and others criticism in that regard though by stating that he is legally not allowed to influence Restore Our Future and what advertisements they decide to run.
Mr. Gingrich has also been critical of Mr. Romney’s focus on attacking his rivals rather than the actual important issues currently facing the country. Mr. McCain also gave his thoughts on that aspect of Mr. Romney’s campaign.
“Mitt Romney will tell you he has to do a better job and he has to focus on the economy, and he has been giving speeches on the economy and jobs,” said Mr. McCain. “Super PACs have played a role, unfortunately in my view, and they had made it more difficult to win the election in November.”
The former presidential candidate also gave his views on Mr. Gingrich, who despite fading in popularity, has stated that he plans on remaining in the race until the Republican convention in August. Mr. McCain believes that the only reason he has been able to stay in the race financially is because of the pro Newt Gingrich Super PAC Winning Our Future.
Winning Our Future has benefited greatly from the large sums of money donated by Las Vegas casino mogul Sheldon Adelson, who Mr. McCain referred to as a cash “cow.”
“Because of the Super PACs and the ability to use money, [he can] stay in as long as he has bus fare,” said Mr. McCain referring to Mr. Gingrich.
March 18th, 2012
UK Daily Mail
By Beth Stebner
On the six-month anniversary of the Occupy Wall Street movement, protesters swarmed its birthplace –Zuccotti Park – again sparking the cat-and-mouse clashes between New York City police officers and demonstrators.
The sweep of the park by police just before midnight capped a day of demonstrations and marching in lower Manhattan. There was no official word on the number of arrests but dozens of people were handcuffed and led out of the park.
Earlier in the day, 15 people were arrested and three officers suffered injuries, police said.
An unused public transit bus was brought in to cart away about a dozen demonstrators in plastic handcuffs.
Anniversary: NYPD officers clash with members of the Occupy Wall St movement at Zuccotti park in New York last night
Several arrests: A bus was brought in to remove the arrested protesters
One female under arrest apparently suffered a seizure and had difficulty breathing. She was taken away in an ambulance to be treated.
For hours, the demonstrators had been chanting and holding impromptu meetings in the park to celebrate the anniversary of the movement that has brought attention to economic inequality, as police mainly kept their distance.
But New York Police Det. Brian Sessa said the tipping point came when the protesters started breaking the park rules.
'They set up tents. They had sleeping bags,' he told the Associated Press. Electrical boxes also were tampered with and there was evidence of graffiti.
Det. Sessa said Brookfield Properties, the park owner, sent in security to advise the protesters to stop pitching tents and to leave the park.
The protesters, in turn, became agitated with them. The company then asked the police to help them clear out the park, the detective said.
Many protesters shouted and officers took out their batons after a demonstrator threw a glass bottle at the bus that police were using to detain protesters.
Sandra Nurse, a member of Occupy's direct action working group, said police treated demonstrators roughly and made arbitrary arrests. She disputed the police assertion that demonstrators had broken park rules by putting up tents or getting out sleeping bags.
'I didn't see any sleeping bags,' she said. 'There was a banner hung between two trees and a tarp thrown over it ... It wasn't a tent. It was an erect thing, if that's what you want to call it.'
She said they had reports of about 25 demonstrators arrested in the police sweep.
Protesters reconvened at the park following afternoon marches through New York's financial district. By 11pm, roughly 300 had gathered there.
'This is our spring offensive,' Michael Premo, 30, of New York told Reuters. He identified himself as a spokesman for the movement.
'People think the Occupy movement has gone away. It's important for people to see we're back.'
Inspired by the pro-democracy Arab Spring, the Wall Street protesters targeted U.S. financial policies they blamed for the yawning income gap between rich and poor in the country, between what they called the one per cent and the 99 per cent.
The demonstrators set up camp in Zuccotti Park on September 17 and sparked a wave of protests across the United States.
March 18th, 2012
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.
THE WHITE HOUSE,
March 16, 2012.
March 18th, 2012
By Barry Secrest
"Obama is not a Marxist, that's simply ridiculous!"
These are the words that have continually rebuffed those of us who are adamantly referred to as being Conservative radicals for criticizing the Obama Administration's ongoing war on capitalism. And yet, a recent story that comes to us from Fox News seems to prove us right, and in spades. You see, one of the most basic theories of Communist Marxism, is the fact that Karl Marx felt that the State should take whatever it needed from the people in order to pay for its costs of doing business, in this case healthcare, but on behalf of the people as a Collectivist economic necessity.
Once all of the expenses had been paid by the State or the entity in question, whatever was leftover was mandated to be directed back towards the people and redivided amongst the workers according to each individual's efforts or initial investment.
Now, the thing to remember is that many Companies in the US voluntarily redistribute excess funds via dividends or in the form of Co-op's or Mutual Companies, often enough, and are even glad to do so. However, once again, these Companies do so voluntarily and as part of their reasoning for attracting and keeping customers, in the first place. However, when such refunding is mandated by the state, in this case the Obama White House, and against the various Companies' wishes, this is Marxism at its most blatant.
Wildly proving this point beyond any meaningful argument, is the story below, written by Judson Berger of Fox News.
Welcome to Marxism America!
Ready for another round of stimulus? This time, it's courtesy of the insurance industry -- though Uncle Sam is forcing the payouts.
Millions of Americans stand to receive insurance company rebates by the end of the summer, as a result of a new requirement in the federal health care overhaul that strictly governs how insurers spend their cash.
The insurance industry, along with a slew of state officials, have been fighting the policy. Based on rules that were issued at the end of last year, Washington will require insurers to spend between 80 and 85 percent of premium dollars on medical care. Insurance companies that violate the rule will be required to effectively refund their customers.
March 17th, 2012
The HUFFington Post / Lisa Belkin
Again, Media OUT OF TOUCH with reality.
Huggies is sorry. Very very very sorry.
So sorry, that it rushed representatives down to Austin this weekend to apologize, repeatedly, to 200-plus Dad bloggers gathered at their first ever convention, called Dad 2.0.
The company thought it had a winner of an ad campaign -- a series of spots all filmed during five days spent in a house with real dads and their babies. "To prove that Huggies diapers and wipes can handle anything," the female voice-over explains, "we put them to the toughest test imaginable -- Dads."
The marketers at Kimberly-Clark, which owns Huggies, figured it was a combination that couldn't miss. It showed fathers parenting! It included adorable babies! It was light-hearted and fun, what with those poor hapless dads responsible for their own children for five whole days!
After all, marketers knew, men behaving like actual parents is the "new" thing in advertising (I use the quotation marks because we have seen waves of this before, so perhaps we should say it's the latest rediscovery of a new thing.) Clorox shows cool Dads making a wildly fun mess with the kids and then, quite matter of factly, doing the laundry. Apple shows a brand new Dad shattered that the hundreds of photos of his baby's life are lost when he loses his iPhone, only to remember that they are in the cloud. Jetta chronicles a boy growing into a man, replacing backpack with baby carrier, and evolving from asking "Is it fast?" to "Is it safe?" Microsoft's ad has Dad grocery shopping while his giggling kids are back home remotely adding items like candy and chocolate cake to his list.
Embracing this trend -- Dads doing Mom stuff! -- Huggies figured they would charm women (who purchase 75 percent of all diapers) and possibly convert a few men (who buy five percent; the other 20 percent are joint purchases.) What they didn't take into account, however, was another trend -- the one where the growing number of men who consider themselves involved, equal parents (according to the US Census, one in three are their child's primary caregiver) are more than a little sensitive about being portrayed a the butt of an advertiser's joke.
Which is how more than a few men interpreted the Huggies series of ads, particularly the one in which the fathers are so involved watching TV sports that they appear to ignore their babies' overflowing diapers. The addition of an invitation to Moms on the brand's Facebook page, suggesting that they "Nominate a Dad ... Hand him some diapers & wipes and watch the fun ... Tell us how it went on Facebook!" certainly amplified the impression that Dads were being mocked.
The reaction was swift. Taking a page from the mothers who rose up against a Motrin ad a few years ago that some saw as insulting to "baby-wearing parents", fathers (and a few mothers) filled the Huggies Facebook Wall with complaints. "Thanks for contributing to the perception that fathers are incompetent parents who let babies lay around in their own waste until they can be rescued, was one typical comment. Another: "The narrow view of gender roles...hurts dads AND moms. We should all be free to fill our family roles in the way that makes sense based on our skills and interests, not on some antiquated, stereotypical gender binary."
Soon, there was a petition. Created by Chris Routly, a father from Breiningsville, PA, it was titled "We're Dads, Huggies. Not Dummies." And it said:
Why is a dad on diaper duty an appropriate or meaningful test of the product in any way a mom using them is not? Why reduce dads to being little more than test dummy parents, putting diapers and wipes through a "worst-case scenario" crash course of misuse and abuse? Is that what HUGGIES thinks dads do? We leave our children in overflowing diapers because sports is more important to us? Really?
These HUGGIES ads literally use the line "Dads push diapers and wipes to the limit." No, HUGGIES, dads don't do that. Poor manufacturing does that. A large bottle before naptime does that. Feeding your kid too much fiber does that. Babies do that. But dads don't use diapers and wipes any differently than moms.
And there were more than a few suggestions of what Huggies could do with their series of ads. Jim HIgley wrote on the blog of The Good Men Project:
Swap out a couple of those chairs with moms. So you've got a room full of moms and dads (collectively, we call them "Parents.") ... Get over the gender thing, will ya, Huggies? Because, as best as I can tell from all the comments you're ignoring on Facebook, most of us parents have been over the gender thing for years.
Huggies did not take all that advice. What it did was pull one of the series -- the one with the men watching sports. (I can't show it to you because the company may not be perfect at reading its intended customer, but it is dynamite at scrubbing all links from the internet.) It replaced that one with this, a spot about babies napping happily on their dads' chests, though, for the moment at least, it carries the same "dads...put diapers to the test" message.
That tagline will change soon, promises Aric Melzl, the brand director for Huggies, who rushed from Wisconsin to appear at the conference, where the snowballing Dad-blog movement was gathered in one place.
Huggies loves and respects fathers, he assured me during a day spent mending fences and smoothing feathers with any blogger who would listen. This ad campaign was meant to be a "celebration" of Dads who ably care for kids, he said, but "clearly our intent wasn't coming through." Himself the father of three children, ages 9, 8 and 5, he knows first hand that "dads are doing that more and more, and we thought this was a great way to shine a light on that," he said. "But that doesn't seem to have been the takeaway for many dads."
And what was the takeaway for the company?
"That the social media space is a great way to get immediate feedback," he said.
Why all this effort, I asked him. After all, by the company's measure, men really don't buy all that many diapers. Is it because they are an untapped potential market? Because they are newly vocal and empowered? Because the reality of this new media age is that you have to respond to every fire with conviction?
Not really, Melzl said. Huggies is reponding to unhappy men, because those men have the ear of women. "All of this," the initial campaign, the full-on response, is targeted at moms," he said. "I don't want there to be any question about who we we're going after."
I suspect all those rankled fathers will be unhappy to hear that.