The Rise of the Citizens' Militia: The Defenders of the Republic

We are witnessing what may be a turning point in this nation's history. It will fall upon the will of the People whether or not the Republic will be restored or  the Republic remains a corporate entity, the UNITED STATES.

The privately-owned major media is focused on any conflict in the Middle East, while thousands of foreigners are illegally streaming across our southern border, and the media reports nothing while ICE buses illegal aliens to different parts of the country and releases them. But there is another more telling story that is not being reported.

The governors of Arizona and Texas have not formally called forth the constitutional Militias of the States. The Citizen Soldier is the primary constitutional defense of a State's freedom and rights and many have volunteered to defend these States. While Americans are being killed, by members of Mexican drug cartels and coyotes, neither governor has taken action.

A corruption of the rule of law and tyrannical actions by those chosen to protect and serve the People cannot be tolerated or liberty is lost.  There is no 'moderate' solution to radical oppression of the rights of the People. Ultimately, it is not only the right, but it is the duty of the People to defend those rights. Who else but YOU is responsible for your life and property? Who else but you is responsible to protect your family? It is NOT the responsibility of the UNITED STATES GOVERNMENT.

There are many books and essays written about the history of militias in America. That history is no longer taught in public schools, because US GOVERNMENT propaganda has made militia equivalent to 'militant' and that is made to look like extremist, which in turn equates to terrorist. Strange how the words are twisted to mean something entirely different than what they meant when they were written into the Constitution of the united States of America in 1787.

The Constitution prohibits standing armies in times of peace and yet by using words, they circumvent the law. Does a 'War on Poverty' constitute a need for armed troops? How about a 'War on Drugs'? Okay, then what about the "War on Terror'? It is my understanding of the definitions of the terms and the preciseness of the words chosen, that WAR is DECLARED by an act of CONGRESS against another nation or group of nations who threaten the sovereignty of the People and the lands of the States.

The States along the U.S./Mexican border are being invaded. In some cases we have learned, drug cartels have established their control over the border, and in other reports, Mexican Federales having crossed the border, fired  weapons, although whether they were firing upon other Mexicans or Americans is unclear.

What is clear to me at least, is the media focus has been on young children coming to America to flee their nations in Central America. Why isn't ICE/INS turning these foreigners back? Why is the Border Patrol babysitting and being nursemaids to all these illegal immigrants Mexico helping them? Why are we always the ones who are extending charity?

We are a nation in debt. We have to deal with that and no other nation will help us. We need to help Texas and Arizona People to secure their borders with Mexico. Any and all businesses that can send materials to accomplish the goal must step up and do so.

We cannot depend on any level of government to do the right thing, so it falls to the People of the Republic to do the job!

My Response to Senator Merkley's Campaign Manager

I certainly must admit that these people have unmitigated gall! After removing my letter from his Facebook page and then removing my comment regarding the same, I published both Senator Merkley's email and my reply for the Esteemed Readers of the Fix America blog to peruse. But instead of addressing me, the non-representing Senator and his staff not only ignored me, but had the audacity to send me a solicitation for campaign contributions for his re-election!

Following is that solicitation email and my response. I am sure you agree with my position and encourage you to share these posts and write to your own elected representatives and see where they stand on issues of rights and constitutional legislation.

"Fred, 

As Jeff Merkley's Campaign Manager, it’s my job to help re-elect one of the strongest progressive champions in the U.S. Senate. 

How will I do that?  By building an impressive grassroots campaign that takes Senator Merkley’s progressive message to every community, every neighborhood, and every doorstep in Oregon.  To do that we need you, and supporters just like you, to join our campaign.

Grassroots support matters, and it’s a way to help the causes you care about. We aren’t just working to win an election.  We’re working to raise the minimum wage, stop corporate polluters, hold Wall Street accountable, take on the giant biochemical industry, fight for marriage equality, and restore the American Dream for middle-class families.

So join us.  We’ve set our biggest monthly goal so far – an aggressive $48,000 target.  There are just seven full days left in February, so chip in $7 right now and let’s make it happen!

When we all stand up, everyone from the Koch Brothers to the Tea Party Republicans take notice.  And make no mistake: they’re coming.  They’re making a list and Jeff Merkley’s on it.  As Karl Rove has said, “Oregon might be next.” 

When the attacks come I want to make sure we’re ready.  $7 today makes you a part of this fight. 

Join us!

Alex Youn
Campaign Manager
Merkley for Senate"



My reply:

Alex,

The first line says it all! "...one of the strongest progressive champions.." and that is the problem! We the People do not want strong progressives, we want strong statesman who will stand up to those who dare oppose the rights of the People and try to justify passing legislation that erode our rights.

As I posted on the Senator's Facebook page (which was removed along with my comments about that removal) and on my blog, I feel that all gun laws are unconstitutional, therefore we want our representatives to stand with us in fighting these blatant attempts to disarm the People, and not stand with those who want to take our arms and rights away.

I want you also to understand that I am not a member of a political party nor do I support them. As far as I am concerned, party candidates represent the party agenda and not the will of the People. Senator Merkley has on numerous occasions demonstrated his loyalty to his party and not his constituents by his voting record.

If you think the 'Tea Party' is coming to Oregon, I have a revelation for you:   We are already here! 

I wish you good luck in convincing other Oregonians to back more socialist/progressive party politicians. I certainly will not be in your corner.


In liberty,

Fred Marsico
Patriot and Sovereign

A Boy Wants to be King!

Looking back over the last five years or so, I see a nation that trusts a child with the highest office in the land. I see a child who for all intent and purpose, is so wrapped up in himself that he really believes he can do anything he wants without question or consequence. The scary thing is, he has the most powerful weapons on the planet at his fingertips.

The United States of America is unique in its creation and the proper functions of the government and the People. The participation of the People was made inherent in the fact that the Constitution itself is a contract, between us and the government that is assembled as a result of that contract. 

What I see now is a nation that seems paralyzed by their own ignorance of facts, holding on to an illusion that electing Barack Hussein Obama was to show the world we have emerged into the sphere of humanity and we are truly no longer a racist nation. In the meantime we have a self-centered child leading us into one crisis after another, and he has no clue as to how to fix any of them. He has surrounded himself with childhood playmates who also possess the same delusions of grandeur and who are equally clueless as to what it will take to fix the problems we face. And they seek to destroy all who have the audacity to oppose their dangerous policies.

I do have a plan that will restore integrity and sanity to this once great country. We the People will not elect the candidates that the two major parties nominate. No, we will vet candidates who by the way they live their own lives, demonstrate they are aligned with true patriotism and constitutional law. And with their representation in all levels of government, we will repeal all the laws enacted that are clearly violations of constitution limits. We will reduce spending and taxes so that businesses can become profitable and the taxes on their profits will be enough to sustain a trim national government. Those taxes will be reduced when we have a lean federal government.

It will mean that most Americans will have to take action themselves. It will mean that we cannot just allow someone we elect the trust that they will serve our best interests, unless we perform due diligence and hold them accountable from the start. And when they complete their terms of service, they will return to their previous businesses and jobs, knowing they performed a service to their community, state and/or nation. That it how it was designed to be, without career politicians living off of the tax payers to whom they were elected to serve.

In the coming days and weeks, it is apparent that our narcissistic Commander-in-Chief must be held accountable for his actions, or more precisely, his lack of action when it was required to save American lives. He must be held accountable for dereliction of duty in not taking immediate steps to defend Ambassador Stevens and his staff. And most of all, those who we have elected to office, who swore oaths to defend and protect the Constitution, must impeach this childish President and all those who have been supporting him in deceiving the American people with behavior that is criminal in their implications and deadly in their results. Don't just assume that there are those in Congress who will do the right thing. Demand it!

Same Game: Different Blame?

Well the blame game is just getting under way. First we have the Benghazi murders that neither the White House nor the State Department wants to talk about. First they blamed the attack on a video and then on spontaneous protests. And there are survivors who will testify before Congress on Wednesday, several under alleged threats from the government.

Next we have the Boston Marathon bombings where one dead brother is being refused a burial site and the other is being Mirandized to clam up. Neither the White House nor the Justice Department will say who gave the order for that. Guess they must know all they need to know from the friends of bombers also, as one at least has been released to his mother's custody with a GPS bracelet on his ankle.

Then there is the trial of murderess, Jodi Arias that has taken up more air time than the entire NBA regular season, while a butcher of infants in Philadelphia gets ignored by the privately-owned major media. The former is a sick woman that needs to be found guilty because she destroyed the life of a young man in his prime, and the latter the death penalty for the countless murders he committed in the name of unwanted pregnancies.

With all that is going on, I still managed to place a small wager on Orb in the Kentucky Derby and be rewarded a winning ticket. And that is the only certainty to report on this day. Lot's of questions and very few answers. Tell me again why I should believe what is reported as news?

Health, Wealth, Laws, and Rights

With all of the hype in the media lately regarding abortions, guns, health care, and immigration, Americans as a whole are being duped by the people we trusted to protect our rights and our borders.

First, abortion is not a choice. Having sex is a choice and doing so with responsibility is what needs to be taught and not legislated. As a teenager, my parents spoke with me at length about sex and how it will be my responsibility to take care of a child that I father. Neighbors with daughters also taught them that having sex was not just about feeling good, as it is a reproductive process that will produce a child. Abortion was never considered as an option to carelessness and disregard for the sex act itself.

Second, regarding all of the media propaganda and the power grab by government to strip Americans of their Second Amendment rights, it is the duty and the right of We the People to oppose this tyranny. It is the primary purpose of the Second Amendment. It was written to insure that a government duly elected as representatives of the citizens, could not use force in order to take our rights from us. The safety of our persons and of our family is not the responsibility of government; it is our responsibility to protect our person and property. Law enforcement was never meant to replace personal responsibility rather it was to enhance it.

Contrary to popular social ideology, health care is not a human right or a right of an American citizen. Medicine as it is practiced today is an extension of the pharmaceutical industry, and it does nothing to further cures or to maintain good health. Sure, diet and exercise are both stressed as important factors in health care today, but it is drugs that are relied upon to accommodate those with unhealthy lifestyles. And now with the unconstitutional implementation of the Affordable Patient Protection Act, commonly referred to as Obamacare, the decisions regarding your own health are being handled through government bureaucrats who will decide whether or not you are worth the treatments you require. In other words, even your doctor has little to say in regards to your personal health.

Finally, we are now faced with proposed new legislation to make it easy for immigrants to gain legal status and a path toward citizenship, even though they have been breaking the laws of immigration for many years. While I am writing this, I am also listening to the President speaking about this issue. He wants to make new laws when he and his administration has refused to enforce the laws already there. He wants us Americans to believe that we will benefit from immigration laws being changed.

Obama wants to punish businesses that take advantage of illegal workers by having them work long hours and with less that minimum wage pay. Most of these workers are supposedly doing labor that Americans will not perform for these low wages. But if these businesses were able to afford to hire American workers at living wages, don’t you think more Americans would take those jobs? Perhaps the underlying problem is the value of our money and not greedy employers. It’s greed of the banking cartel  that must be addressed, and by We the People not just by the politicians we elected to protect us from them. 

When my ancestors arrived here from Europe, they did not receive benefits. They worked and saved, educated their children to strive for a better life here. Many succeeded in businesses and professional careers, paid their taxes and contributed to charity to benefit their community. They did not have any government programs that entitled them to benefits from taxpayers. They themselves were taxpayers. And whatever laws on immigration and naturalization there were at the time were obeyed and eventually they became citizens. Why do we need to change a system that worked so well? What is needed is enforcement of the laws currently in place.

There is always the cry for being humanitarian and allow these illegal immigrants to stay here. But look at other nations around the world and you will see that we are the most lenient on the planet when it comes to illegal immigration. We cannot continue to subsidize those who break our laws and reform the laws so that they will go unpunished for their crimes.

A Proclamation of Liberty

We the Sovereign Individuals of the Sovereign States of America, gave the Constitution for the United States of America in order to form a more perfect union of the many States, granting certain permissions to protect the sovereignty of the People and the States, and to form a representative government.

The Constitution created three separate branches of government in order to govern by our consent, and duly produce that government to protect the rights and the sovereignty of States and Individuals, those rights articulated but not limited to those documented in the first ten Articles of Amendment of that Constitution.

Over the last two hundred years those rights have been usurped by a government that has taken liberty away from the Individuals and the States in the name of equality and fairness and the general welfare of the People. It was never intended by our founders, nor was it unanimously accepted by the People to give up those liberties and rights to the federal government for whatever cause or reason that government may have seen as proper.

In the most recent several years, the majority of people, most of whom have become wards of the federal government, have seen fit to dictate to the rest of the people, a burden of regulations and taxation that has caused the republic to fail. This is no more acceptable to the current nation of States than it was to the colonists when the Crown also began to inflict injustices and tyranny over the People.

It is not only the right, but the duty of the People, to end the reign of tyranny which the federal government has inflicted upon us. It stands to reason that with cause, we must throw off the bonds that have been placed upon us, and to declare to the nations of the world once again our right to self determination based upon the laws of the land and the laws of nations.

If unable to convince the elected representatives whom we have sent to represent  and protect us from these infringements upon our liberties and well being, it is our duty to renounce that government, to secede from such tyrannical union, and to form a new nation based on the very principles and the law as we ratified at the signing of the Constitution in Philadelphia.

It is also our right and responsibility to hold all those who have disobeyed their oaths of office and conspired as enemies of the People accountable and punish them for their deeds of high crimes and treason against the sovereign States and the sovereign People who reside in them. Without further authority necessary or required by any elected or appointed officers of the Congress or State assemblies, or of the law enforcement departments of any jurisdiction, we shall hereby make civilian arrests of those criminals who by citizen Grand Jury, are presented with such evidence, to issue warrants of arrest.

I swear by the God Creator, that I will perform these acts in a manner which is out of love and respect for all sovereign individuals, to bring those who have been indicted for those acts of high crimes and treason against us, to justice as defined in our Constitution in accordance with the laws of nations. Whosoever stands for liberty and justice for all, will certainly make a declaration to uphold the law, the law of nations as is defined in our Constitution, and repeal those Articles of Amendment which have taken that original Constitution out of its explicit meaning, in order to undermine the very foundations which created this great nation.

I ask that everyone who is a true patriot and liberty loving sovereign individual to add their name as signatory to this declaration and support the cause of liberty by having others of like mind and spirit to add their names and support as well.

The Propaganda Machine

During the National Socialist takeover of Germany, Hitler and his backers employed one of the most effective propaganda campaigns ever designed up to that time. Here in America today, we are being attacked by an even greater technology, that penetrates every aspect of our modern society.

The propaganda has become part of education in public schools and is enforced by federal mandates and standards. If schools or districts do not comply, they face withheld funding or worse. School system mandates have prevented parents from being responsible for their own children.

The privately-owned major media has been controlled by certain policies the government advocates. What they call news agencies put forward is filtered and  if it does not conform to policy is downplayed or eliminated. Emmy Award winning journalist Amber Lyon left CNN having stated that CNN promotes propaganda and not journalism. Longtime anchor Lou Dobbs resigned from CNN for the same reasons.

Because the news networks are influenced or directed by policy,the truth no longer matters.  it is difficult to find real news reported by the major media outlets. The wire services, AP and Reuters for example, are used as sources of news by all of the major newspapers and privately-owned major media networks.

With the purchase of ABC by Disney, we now have another 'Mickey Mouse' media outlet, and I apologize to Mickey Mouse for the reference. I do not apologize to the many ignorant participants of the farce, who are selling this garbage to the public or the public that is buying it.

Happy Birthday U. S. Constitution: Rest in Peace!

 As I sat down to write another post for the blog, it occurred to me that what really is troubling is the fact that most Americans relish the division in political party rhetoric. The travesty is that most are totally unaware of the divide and conquer plan that the global elitists have created and are about to see the fruits of their evil labors come to be realized.

Since the very founding of America, the bankers of Europe have tried to take this nation down. To control it completely it was necessary to first control the monetary system. What was once the People’s Money soon became the banker’s money.  Twice they failed but the third time was the charm.

With the creation of the Federal Reserve System, they finally rested complete control from Congress, who was mandated by the Constitution to be accountable and responsible for the monetary system. Article I, Section 8, Paragraph 5 of the Constitution states, “To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;” and that should never have been abridged through an Act of Congress. It was a blatant violation of the aforementioned Article, Section, and Paragraph of the Constitution.

Einstein once stated that, “The epitome of insanity is doing the same thing over and over and expecting different results.” It has never been more obvious than it is today in the face of the Federal Reserve’s QE3 or Quantative Easing round three. The results of the last two attempts only caused more recession and devaluation of the dollar. Why would this time be any different?

In addition to the monetary crisis we now face, we are also being threatened by Islamic extremists who are being coddled by the usurper-in-chief now occupying the White House. Well, he occupies it when he is not campaigning for re-election, playing golf, or apologizing to our enemies.

I don’t think there are many sane people in America who will want four more years of abomination in an Obama Nation, however they are backing a third place loser to unseat an incumbent President. It has never happened before in history and it cannot in all probability happen now.

I wrote in a previous post about how Obama’s backers were doing all they could to keep Ron Paul off of the ballot. (See: Obama Issues "Kill Order" Regarding Ron Paul and Russia Prepares for Nuclear World War III) Even as early as 2010 they realized that Dr. Paul was the most serious threat to another term. Based on the way the Republican Party played into their scheme, the plan worked! And yet they were not satisfied, knowing that the independent voter would not back Mitt Romney nor Obama, so they got Gary Johnson, whose early exit from the GOP nominees to run instead of Ron Paul as the Libertarian Party choice.

The privately-owned major media pounds the two parties’ candidates daily into the minds of the American People, so that they have come to believe the lies as the gospel. When demonstrating this to them, I too am ostracized and ridiculed as a ‘Paul-Bot’ or ‘Paulite’ much the same as Dr. Paul himself was treated by that same media and his own Republican Party. Yet only Dr. Paul has demonstrated his honor and integrity in all of his years in Congress by always voting against bills that violated constitutional law.

Further, of all of the candidates past and present, only Ron Paul put forth a plan to reduce government spending, reduce the size of government, eliminate foreign aid, and build the nation’s defense while reducing the military presence in foreign lands. (See: Ron Paul’s Plan to Reduce the Cost of Government)

I was disappointed in how Dr. Paul was treated in 2008 by the GOP through all of the debates, and really thought that America would see through the farce and demand that he get equal time in 2012.  Why did they allow the persecution of this honorable statesman to continue?

Perhaps it is embarrassment to admit that they have been fooled for so long. It is hard for many to admit they have been duped. Soon they will realize that they have been had but it will be too late.

Power Grab by Dictator of National Care

The upcoming decision and ruling to be handed down by the supreme court sometime this summer will determine whether or not you will be able to find and receive proper health care. The Patient Protection and Affordable Care Act,if upheld as constitutional, will be administered by non-medically trained people. The underlying intent of the PPACA is uniquely political in its philosophic construction and has little to do with health care or medicine and has everything to do with further weakening the legislative and judicial branches while at the same time centralizing power and control in the executive branch of our government. Little Barry is setting up the presidency as a totalitarian rulership, and with NDRP IN FORCE it can not get better it can only get worse. 

"CONSTITUTIONAL LAWYER HAS READ THE ENTIRE BILL

A  retired Constitutional lawyer has read the entire proposed healthcare bill. Read his conclusions and pass this on as you wish. 

The Truth About the Health Care Bills - Michael Connelly, Ret. Constitutional Attorney  Well, I have done it!  I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choices Act of 2009. I studied it with particular emphasis from my area of expertise, constitutional law.  I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected.

To begin with, much of what has been said about the law and its implications is in fact true, despite what the Democrats and the media are saying.  The law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of the medical profession.

The Bill will also eventually force private insurance companies out of business, and put everyone into a government run system.  All decisions about personal health care will ultimately be made by federal bureaucrats, and most of them will not be health care professionals.  Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled by the government.

However, as scary as all of that is, it just scratches the surface.  In fact, I have concluded that this legislation really has no intention of providing affordable health care choices.  Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated  If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.

The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government.  The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people, and the businesses they own. The irony is that the Congress doesn't have any authority to legislate in most of those areas to begin with!  I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.

This legislation also provides for access, by the appointees of the Obama administration, of all of your personal healthcare direct violation of the specific provisions of the 4th Amendment to the Constitution information, your personal financial information, and the information of your employer, physician, and hospital.  All of this is a protecting against unreasonable searches and seizures.  You can also forget about the right to privacy.  That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide...

If you decide not to have healthcare insurance, or if you have private insurance that is not deemed acceptable to the Health Choices Administrator appointed by Obama, there will be a tax imposed on you.  It is called a tax instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However, that doesn't work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the due process of law.

So, there are three of those pesky amendments that the far left hate so much, out the original ten in the Bill of Rights, that are effectively nullified by this law  It doesn't stop there though. The 9th Amendment that provides: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people.  Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control. I could write many more pages about this legislation, but I think you get the idea.  This is not about health care; it is about seizing power and limiting rights...  

Article 6 of the Constitution requires the members of both houses of Congress to "be bound by oath or affirmation to support the Constitution. 

If I was a member of Congress, I would not be able to vote for this legislation or anything like it, without feeling I was violating that sacred oath or affirmation.  If I voted for it anyway, I would hope the American people would hold me accountable. For those who might doubt the nature of this threat, I suggest they consult the source, the US Constitution, and Bill of Rights. There you can see exactly what we are about to have taken from us."

  by                       Michael Connelly
                            Retired attorney,
                            Constitutional Law Instructor,
                            Carrollton, Texas

                            www.snopes.com/politics/soapbox/connelly.asp

Busy Bees Make A Shiny New Hive - or Welcome To Your New Government Run By The President, The Secretary of Homeland Security, and The Secretary of Defense

I read the new Executive Order signed on Friday last with great interest. Pretty exciting stuff!  I wonder what happened to Our Government?  Are we gearing-up for something?  


Why isn't congress involved in all these new laws and the ways our Government functions? 

I guess Congress isn't important anymore or they don't care!  I wonder why Congress hasn't IMPEACHED the people responsible?  
You don't need sunglasses to see more change is headed our way in Obama's Brighter New Future.

Change and The Brighter Future To Come: or Barry's Best Foot Forward: or American Business As Usual

"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 policy making 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 Counter-terrorism, 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."