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Presidential Executive Order

2021-27380 (14058)

Presidential Documents 71357 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Presidential Documents Executive Order 14058 of December 13, 2021 Transforming Federal Customer Experience and Service De- livery To Rebuild Trust in Government By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. Our Government must recommit to being ‘‘of the people, by the people, [and] for the people’’ in order to solve the complex 21st century challenges our Nation faces. Government must be held accountable for designing and delivering services with a focus on the actual experience of the people whom it is meant to serve. Government must also work to deliver services more equitably and effectively, especially for those who have been historically underserved. Strengthening the democratic process requires providing direct lines of feedback and mechanisms for engaging the American people in the design and improvement of Federal Government programs, processes, and services. As the United States faces critical challenges, including recovering from a global pandemic, promoting prosperity and economic growth, advancing equity, and tackling the climate crisis, the needs of the people of the United States, informed by, in particular, an understanding of how they experience Government, should drive priorities for service delivery improvements. In recent years, the annual paperwork burden imposed by executive departments and agencies (agencies) on the public has been in excess of 9 billion hours. That number is too high. Agencies must work with the Congress; the private sector and nonprofit organizations; State, local, Tribal, and territorial govern- ments; and other partners to design experiences with the Federal Government that effectively reduce administrative burdens, simplify both public-facing and internal processes to improve efficiency, and empower the Federal workforce to solve problems. The Federal Government must design and deliver services in a manner that people of all abilities can navigate. We must use technology to modernize Government and implement services that are simple to use, accessible, equi- table, protective, transparent, and responsive for all people of the United States. When a disaster survivor, single parent, immigrant, small business owner, or veteran waits months for the Government to process benefits to which they are entitled, that lost time is a significant cost not only for that individual, but in the aggregate, for our Nation as a whole. This lost time operates as a kind of tax—a ‘‘time tax’’—and it imposes a serious burden on our people as they interact with the Government. Improving Government services should also make our Government more efficient and effective overall. Every interaction between the Federal Government and the public, whether it involves renewing a passport or calling for a status update on a farm loan application, should be seen as an opportunity for the Government to save an individual’s time (and thus reduce ‘‘time taxes’’) and to deliver the level of service that the public expects and deserves. By demonstrating that its processes are effective and efficient, in addition to being fair, protec- tive of privacy interests, and transparent, the Federal Government can build public trust. Further, the Federal Government’s management of its customer experience and service delivery should be driven fundamentally by the VerDate Sep<11>2014 15:53 Dec 15, 2021 Jkt 256001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 khammond on DSKJM1Z7X2PROD with PRESDOC2 71358 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Presidential Documents voice of the customer through human-centered design methodologies; empir- ical customer research; an understanding of behavioral science and user testing, especially for digital services; and other mechanisms of engagement. Executive Order 12862 of September 11, 1993 (Setting Customer Service Standards), required agencies that provide significant services directly to the public to identify and gather feedback from customers; establish service standards and measure performance against those standards; and benchmark customer service performance against the best customer experience provided in the private sector. Executive Order 13571 of April 27, 2011 (Streamlining Service Delivery and Improving Customer Service), further required agencies to develop a ‘‘Customer Service Plan . . . to address how the agency will provide services in a manner that seeks to streamline service delivery and improve the experience of its customers.’’ Executive Order 13707 of Sep- tember 15, 2015 (Using Behavioral Science Insights To Better Serve the American People), called for the use of empirical findings in behavioral science fields to deliver better results for the American people, including by identifying ‘‘opportunities to help qualifying individuals, families, com- munities, and businesses access public programs and benefits.’’ And Execu- tive Order 13985 of January 20, 2021 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government), established the policy of the Federal Government to ‘‘pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by per- sistent poverty and inequality.’’ Consistent with these aims, agencies have begun assessing whether, and to what extent, their programs and policies perpetuate systemic barriers to opportunities and benefits for people of color and other underserved groups. These previous actions have laid an important foundation for the policies and procedures set forth in this order. However, more is required to establish the sustained system for Federal Government accountability and performance necessary to drive an ongoing focus on improved delivery and results for the people of the United States. Sec. 2. Policy. It is the policy of the United States that, in a Government of the people, by the people, and for the people, improving service delivery and customer experience should be fundamental priorities. The Government’s performance must be measured empirically and by on-the-ground results for the people of the United States, especially for their experiences with services delivered. The means of Government—such as its budget, policy, financial management, procurement, and human resources practices—must work to achieve those ends. Agencies should continually improve their understanding of their customers, reduce administrative hurdles and paper- work burdens to minimize ‘‘time taxes,’’ enhance transparency, create greater efficiencies across Government, and redesign compliance-oriented processes to improve customer experience and more directly meet the needs of the people of the United States. Consistent with the purpose described in section 1 of this order, agencies’ efforts to improve customer experience should include systematically identifying and resolving the root causes of customer experience challenges, regardless of whether the source of such challenges is statutory, regulatory, budgetary, technological, or process-based. Further- more, to engender public trust, agencies must ensure that their efforts appro- priately maintain or enhance protections afforded under law and policy, including those related to civil rights, civil liberties, privacy, confidentiality, and information security. Sec. 3. Definitions. For purposes of this order: (a) The term ‘‘customer’’ means any individual, business, or organization (such as a grantee or State, local, or Tribal entity) that interacts with an agency or program, either directly or through a federally-funded program administered by a contractor, nonprofit, or other Federal entity. (b) The term ‘‘customer experience’’ means the public’s perceptions of and overall satisfaction with interactions with an agency, product, or service. VerDate Sep<11>2014 15:53 Dec 15, 2021 Jkt 256001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 khammond on DSKJM1Z7X2PROD with PRESDOC2 71359 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Presidential Documents (c) The term ‘‘customer life experience’’ means each important point in a person’s life at which that person interacts with one or more entities of Government. (d) The term ‘‘equity’’ means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons other- wise adversely affected by persistent poverty or inequality. (e) The term ‘‘High Impact Service Provider’’ (HISP) means a Federal entity, as designated by the Director of the Office of Management and Budget (OMB), that provides or funds customer-facing services, including Federal services administered at the State or local level, that have a high impact on the public, whether because of a large customer base or a critical effect on those served. (f) The term ‘‘human-centered design’’ means an interdisciplinary method- ology of putting people, including those who will use or be impacted by what one creates, at the center of any process to solve challenging problems. (g) The term ‘‘service delivery’’ means actions by the Federal Government related to providing a benefit or service to a customer of a Federal Govern- ment entity. Such actions pertain to all points of the Government-to-customer delivery process, including when a customer applies for a benefit or loan, receives a service such as health care or small business counseling, requests a document such as a passport or Social Security card, files taxes or declares goods, uses resources such as a park or historical site, or seeks information such as notices about public health or consumer protection. Sec. 4. Agency Actions to Improve Customer Experience. (a) The Secretary of State shall design and deliver a new online passport renewal experience that does not require any physical documents to be mailed. (b) The Secretary of the Treasury shall design and deliver new online tools and services to ease the payment of taxes and provide the option to schedule customer support telephone call-backs. The Secretary of the Treasury should consider whether such tools and services might include expanded automatic direct deposit refunds based on prior year tax returns, tax credit eligibility tools, and expanded electronic filing options. (c) The Secretary of the Interior shall redesign the website of the Fish and Wildlife Service, FWS.gov, in compliance with the 21st Century Inte- grated Digital Experience Act (Public Law 115–336), and shall support a centralized, modernized electronic permitting system to accept and process applications for permits. Such a system might include special use permits for the National Wildlife Refuge System and for at least five high-volume permit application forms required for individuals and businesses who import or export fish, wildlife, and plants and their products internationally. (d) The Secretary of Agriculture shall: (i) test the use of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) benefits for online purchasing; (ii) identify opportunities to reduce individuals’ and families’ burdens by simplifying enrollment and recertification for nutrition assistance pro- grams such as the Supplemental Nutrition Assistance Program (SNAP) and the WIC, including expanding the use of direct certification; and (iii) design and implement a simplified direct farm loan application proc- ess. (e) The Secretary of Labor shall: (i) update existing rules and policies, consistent with applicable law and to the extent practicable, to allow individuals entitled to medical treatment VerDate Sep<11>2014 15:53 Dec 15, 2021 Jkt 256001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 khammond on DSKJM1Z7X2PROD with PRESDOC2 71360 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Presidential Documents under their workers’ compensation plans to conduct their routine medical treatment appointments using telehealth platforms; and (ii) update rules, policies, and procedures to eliminate, consistent with applicable law and to the extent practicable, requirements for workers’ compensation claimants to submit physical documents, but to retain the option for physical submission for claimants who cannot otherwise submit them. (f) The Secretary of Health and Human Services shall: (i) continue to design and deliver new, personalized online tools and expanded customer support options for Medicare enrollees; (ii) strengthen requirements for maternal health quality measurement, in- cluding measuring perinatal quality and patient care experiences, and evaluating the measurements by race and ethnicity to aim to better identify inequities in maternal health care delivery and outcomes; (iii) to the maximum extent permitted by law, support coordination be- tween benefit programs to ensure applicants and beneficiaries in one program are automatically enrolled in other programs for which they are eligible; (iv) to the maximum extent permitted by law, support streamlining State enrollment and renewal processes and removing barriers, including by eliminating face-to-face interview requirements and requiring prepopulated electronic renewal forms, to ensure eligible individuals are automatically enrolled in and retain access to critical benefit programs; (v) develop guidance for entities regulated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) on providing telehealth in compliance with HIPAA rules, to improve patient experience and conven- ience following the end of the COVID–19 public health emergency; and (vi) test methods to automate patient access to electronic prenatal, birth, and postpartum health records (including lab results, genetic tests, ultrasound images, and clinical notes) to improve patient experiences in maternity care, health outcomes, and equity. (g) The Secretary of Education shall: (i) consider providing eligible recipients of student aid under Title IV of the Higher Education Act of 1965 (Public Law 89–329), as amended, with the option to receive information about certain benefits and services for which they may qualify; and (ii) design and deliver a repayment portal capability on StudentAid.gov for Direct Loan borrowers. (h) The Secretary of Veterans Affairs shall: (i) provide digital services through a single, integrated, and equitable digital platform on VA.gov and the VA mobile app; and (ii) provide on-demand customer support through the channels that work best for customers, including personalized online chat with a virtual or live agent. (i) The Secretary of Homeland Security shall: (i) test the use of innovative technologies at airport security checkpoints to reduce passenger wait times; (ii) provide new opportunities for customers to connect with the Transpor- tation Security Administration, including as appropriate, online chat, im- proved communication during additional screenings, and additional mech- anisms to provide customer feedback; (iii) design and deliver a streamlined, online disaster assistance application; and (iv) work with States to proactively update existing rules and policies on supporting documentation needed for disaster assistance processes to reduce burden and increase accessibility. VerDate Sep<11>2014 15:53 Dec 15, 2021 Jkt 256001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 khammond on DSKJM1Z7X2PROD with PRESDOC2 71361 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Presidential Documents (j) The Administrator of the Small Business Administration shall: (i) establish baseline experience measures for key small business applica- tion processes in areas such as loans, grants, and certifications; and (ii) design and deliver a streamlined online disaster assistance application experience. (k) The Commissioner of Social Security shall: (i) within 120 days of the date of this order, provide a report to the Director of OMB that analyzes all services of the Social Security Adminis- tration that currently require original or physical documentation or in- person appearance as an element of identity or evidence authentication, and that identifies potential opportunities for policy reforms that can support modernized customer experiences while ensuring original or phys- ical documentation requirements remain where there is a statutory or strong policy rationale; (ii) develop a mobile-accessible, online process so that any individual applying for or receiving services from the Social Security Administration can upload forms, documentation, evidence, or correspondence associated with their transaction without the need for service-specific tools or trav- eling to a field office; (iii) consistent with applicable law and to the extent practicable, maintain a public policy of technology neutrality with respect to acceptable forms of electronic signatures; (iv) consistent with applicable law and to the extent practicable, revise any necessary regulations, forms, instructions, or other sources of guidance (to include the Program Operations Manual System of the Social Security Administration) to remove requirements that members of the public provide physical signatures; and (v) to the maximum extent permitted by law, support applicants and beneficiaries to identify other benefits for which they may be eligible and integrate Social Security Administration data and processes with those of other Federal and State entities whenever possible. (l) The Administrator of General Services shall: (i) develop a roadmap for a redesigned USA.gov website that aims to serve as a centralized, digital ‘‘Federal Front Door’’ from which customers may navigate to all Government benefits, services, and programs, and features streamlined content, processes, and technologies that use human- centered design to meet customer needs, including consolidating content currently appearing on Benefits.gov, Grants.gov, and other appropriate websites; and (ii) dedicate multi-disciplinary design and development teams to support priority projects of HISPs that will be selected and funded each fiscal year in consultation with the Director of OMB. (m) The Administrator of the United States Agency for International Devel- opment (USAID) shall review and revise, as appropriate, regulations, forms, instructions, or other sources of guidance relating to the application for grants and cooperative agreements in countries in which USAID works to ensure that such policies are clear and intelligible, do not contain unjustified administrative burdens or excessive paperwork requirements, and do not place undue burdens on local organizations and underserved communities. (n) Joint Agency Actions: (i) The Secretary of Veterans Affairs and the Administrator of General Services shall collaborate to provide seamless integration of Login.gov accounts to allow customers to access VA.gov, the VA mobile application, and other customer-facing digital products and to eliminate outdated and duplicate customer sign-in options. (ii) The Secretary of the Treasury, the Secretary of Defense, the Secretary of Education, and the Director of the Office of Personnel Management VerDate Sep<11>2014 15:53 Dec 15, 2021 Jkt 256001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 khammond on DSKJM1Z7X2PROD with PRESDOC2 71362 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Presidential Documents shall collaborate to enable a more streamlined Public Service Loan Forgive- ness process for eligible borrowers, including those who serve in the United States Armed Forces or as civil servants, or who work for eligible nonprofit organizations. (iii) The Director of OMB, including through the Administrator of the United States Digital Service, shall collaborate across the Federal Govern- ment with multiple agencies and their respective customers in order to conduct human-centered design research and document customer experi- ence challenges related to accessing grant programs to which Tribal govern- ments are entitled, and shall propose ways to streamline processes and reduce administrative burdens on Tribal government customers. (iv) The Director of OMB, through the Administrator of the United States Digital Service; the Administrator of General Services; and the Postmaster General are encouraged to collaborate on ways to update mailing address records across Government so that members of the public may change their respective mailing addresses for purposes of all Government services only once, through the United States Postal Service. Sec. 5. Government-wide Actions to Improve Customer Experience. Customers often navigate services across multiple agencies in specific moments of need, such as when they are seeking financing for their businesses or experi- encing food insecurity. In such situations, relevant agencies should coordi- nate their service delivery to achieve an integrated experience that meets customer needs through the exchange of data with appropriate privacy protec- tions. Such coordination may include providing States that administer elements of Federal services with guidance and flexibilities with respect to the ele- ments of Federal programs they administer. Such coordination would allow both Federal and State government entities to maximize their respective expertise and improve efficiency. To further the policy set forth in this section: (a) Within 90 days of the date of this order, and on a regular basis thereafter, the Deputy Director for Management of OMB and other members of the President’s Management Council (PMC) shall work with the Assistant to the President and Chief of Staff, the Assistant to the President for Domestic Policy, and the Assistant to the President for Economic Policy to select a limited number of customer life experiences to prioritize for Government- wide action to improve customer experience. (b) The Deputy Director for Management of OMB and other members of the PMC, in consultation with the Assistant to the President for Domestic Policy, the Assistant to the President for Economic Policy, and relevant interagency teams coordinated by OMB, shall organize appropriate leadership structures to assess customer life experiences selected pursuant to subsection (a) of this section, work to develop measurable improvements for such customer life experiences that involve multiple agencies, develop prospective plans for rigorously testing that use appropriate empirical methods on which approaches work best, and share lessons learned across the Federal Govern- ment. (c) Within 180 days of the date of this order and every 6 months thereafter, the Deputy Director for Management of OMB and other members of the PMC, through the Deputy Director for Management of OMB, shall report to the Assistant to the President and Chief of Staff on the status of the actions described in subsection (b) of this section. (d) The Director of OMB shall work with the head of each relevant agency to help resolve issues related to overlapping responsibilities among agencies, work to address barriers to serving customers across multiple agen- cies, and coordinate activities to improve customer experience or service delivery when primary responsibility among multiple agencies is unclear. (e) Within 120 days of the date of this order, the Administrator of the Office of Electronic Government and the Administrator of the Office of VerDate Sep<11>2014 15:53 Dec 15, 2021 Jkt 256001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 khammond on DSKJM1Z7X2PROD with PRESDOC2 71363 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Presidential Documents Information and Regulatory Affairs within OMB, in consultation with relevant interagency councils (including the Chief Information Officers Council, the Federal Privacy Council, the Chief Data Officer Council, the Evaluation Officer Council, and the Interagency Council on Statistical Policy), shall coordinate their current, respective efforts to develop guidance for agencies, ensuring that such guidance incorporates opportunities to: (i) improve the efficiency and effectiveness of data sharing and support processes among agencies and with State and local governments; and (ii) streamline the process for agencies to provide services to State and local governments, consistent with applicable law. (f) Within 120 days of the date of this order, the Administrator of the Office of Information and Regulatory Affairs shall provide guidance for agencies on: (i) identifying specific steps to reduce information collection burdens on customers to enhance access across agencies; and (ii) clarifying and updating recommendations and flexibilities under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), including to facilitate stakeholder engagement and feedback processes to support the implementa- tion of this order. (g) Within 180 days of the date of this order, the Administrator of General Services shall submit to the Director of OMB a roadmap for the development of prioritized common services and standards (such as the United States Web Design System or systems for login and identity management), platforms (such as notification capabilities), and digital products (such as USA.gov) that support increased efficiency, integration, and improved service delivery of designated customer life experiences. Sec. 6. Ongoing Accountability for Federal Service Delivery. (a) The Director of OMB shall designate as HISPs those Federal entities that provide or fund customer-facing services, including Federal services administered at the State or local level, that have a high impact on the public, whether because of a large customer base or a critical effect on those served. The Director of OMB shall maintain a list of designated HISPS and may update this list at any time. (b) The Secretary of State, the Secretary of the Treasury, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Transpor- tation, the Secretary of Education, the Secretary of Veterans Affairs, the Secretary of Homeland Security, the Administrator of the Small Business Administration, the Commissioner of Social Security, the Administrator of General Services, the Administrator of the United States Agency for Inter- national Development, and the Director of the Office of Personnel Manage- ment shall each submit to the Director of OMB a report including an assess- ment of the improvements needed in each agency’s customer experience management and service design capabilities in light of this order, to be prioritized within each agency’s respective available and budgeted resources. (c) The head of each HISP shall, in consultation with the Deputy Director for Management of OMB, annually designate a limited number of services for prioritized improvement (designated services). Identification of designated services should be based on the moments that matter most to the individuals served, as illustrated through human-centered design and other research, and on those services’ public-facing nature, the number of individuals served, the volume of transactions, the total Federal dollars spent, the safety and protection of lives, or the critical nature of the services provided in the lives of the individuals they serve. (d) The Deputy Director for Management of OMB shall issue guidance for HISPs that outlines an annual process for assessing their capacity to manage customer experience, assessing their performance of designated serv- ices through meaningful measures from the perspective of the public and planning for the improvement of the customer experience. Assessments VerDate Sep<11>2014 15:53 Dec 15, 2021 Jkt 256001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 khammond on DSKJM1Z7X2PROD with PRESDOC2 71364 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Presidential Documents should include, as appropriate, the identification of customer experience challenges experienced by customers of the HISP in the form of administra- tive burdens or other barriers, informed by experiential data (including, as appropriate, through randomized controlled trials or other rigorous pro- gram evaluation); ethnographic research; feedback from public engagement; human-centered design methodologies such as journey mapping; operational and administrative data analysis; direct observations; examination, from a customer perspective, of how to navigate the agency’s service offerings, apply for a benefit, or comply with a requirement of the agency; observations of customer interaction with the agency’s website or application processes and tools; or observations of customer support service delivery such as activities at call centers. Informed by findings from these assessments, plans for improvement should include, as appropriate, actions such as conducting outreach to the public about the agency’s programs and other Federal pro- grams for which those served by the agency may be eligible, providing assistance to members of the public enrolling in the agency’s programs and other Federal programs, streamlining and improving accessibility of forms and digital experiences, eliminating unnecessary administrative bur- dens on customers, ensuring the accessibility of services for customers with disabilities and those with limited English proficiency, developing targeted actions to advance equity for communities that face inequitable barriers to service access, or engaging in other efforts to coordinate with other agencies to reduce the need for those they serve to interact separately with multiple agencies. (e) The Director of OMB shall establish a team within OMB to lead and support agency customer experience initiatives as well as such initiatives that reach across agencies, including by facilitating the decision-making processes needed to achieve the objectives of this order; coordinating HISP activities as outlined in this order; and developing strategies for the integra- tion of services and development of products involving multiple agencies as contemplated in this order. (f) All agencies, whether identified in this section or not, are urged to apply guidance issued pursuant to subsection (d) of this section to improve their service delivery. Sec. 7. Additional Agency Actions to Improve Customer Experience. The heads of agencies shall: (a) integrate activities to improve customer experience, as appropriate and consistent with applicable law, into their respective: (i) agency strategic plans developed pursuant to section 306(a) of title 5, United States Code; (ii) Agency Performance Plans developed pursuant to sections 1115 and 1116 of title 31, United States Code; (iii) portions of performance plans relating to human and capital resource requirements to achieve performance goals pursuant to section 1115(g) of title 31, United States Code; (iv) agency priority goals developed pursuant to section 1120 of title 31, United States Code; (v) selection of items for their respective regulatory agendas and plans pursuant to subsections 4(b) and (c) of Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as amended; (vi) individual performance plans for senior executives consistent with section 4312 of title 5, United States Code, and for other senior employees consistent with section 4302 of title 5, United States Code; and (vii) as permitted by law, any other agency activities, acquisitions, and strategies that the Director of OMB determines to be appropriate to further the implementation of the policy articulated in this order; (b) direct all of their respective program offices to apply the guidance from OMB’s Office of Information and Regulatory Affairs described in section VerDate Sep<11>2014 15:53 Dec 15, 2021 Jkt 256001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 khammond on DSKJM1Z7X2PROD with PRESDOC2 71365 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Presidential Documents 5(f) of this order, as well as the requirements of the Paperwork Reduction Act related to collections of information, consistently with guidance con- tained in the Office of Information and Regulatory Affairs Memorandum of July 22, 2016 (Flexibilities under the Paperwork Reduction Act for Compli- ance with Information Collection Requirements), which provides that the Paperwork Reduction Act does not apply to agencies’ general solicitations of public views and feedback, certain ratings and rankings of Federal services by members of the public using Government websites, or direct observations of users interacting with digital tools and products; (c) direct all of their respective program offices to identify opportunities to apply policies, including those set forth in subsections 1(a) and (b) of Executive Order 13707, and to engage in promising practices such as the advance testing of information collections described in the Office of Informa- tion and Regulatory Affairs Memorandum of August 9, 2012 (Testing and Simplifying Federal Forms); (d) identify opportunities, as appropriate and consistent with applicable law, to modify their respective agencies’ regulations, internal and public- facing guidance, and policies to include positive and equitable customer experiences and service delivery as part of their respective agencies’ missions; issue internal directives or policies on customer experience and service delivery to articulate how their respective agencies’ strategies and missions relate to customer experience and service delivery outcomes; and promote coordination within and among their respective agencies concerning those customer life experiences that cut across agency or agency component respon- sibilities; (e) improve the digital customer experience for their respective agencies’ customers by modernizing agency websites, using human-centered design methodologies, digitizing agency services and forms, modernizing records management, updating network infrastructure and mobility capabilities, and accelerating the use of electronic signatures when aligned with policy prior- ities, as required by the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note); and (f) identify means by which their respective agencies can improve trans- parency and accessibility through their compliance with the Plain Writing Act of 2010 (Public Law 111–274) and related requirements and guidance. Sec. 8. OMB Guidance. The Director of OMB shall review and update OMB Government-wide guidance and supporting processes (such as information collection reviews or data sharing approvals) as necessary and applicable, to ensure conformity with this order and to assist agencies in improving their service delivery and customer experience. Sec. 9. Independent Agencies. Independent agencies are strongly encouraged to comply with the provisions of this order. Sec. 10. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:53 Dec 15, 2021 Jkt 256001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 khammond on DSKJM1Z7X2PROD with PRESDOC2 71366 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Presidential Documents (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, December 13, 2021. [FR Doc. 2021–27380 Filed 12–15–21; 8:45 am] Billing code 3395–F2–P VerDate Sep<11>2014 15:53 Dec 15, 2021 Jkt 256001 PO 00000 Frm 00010 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC2

Transforming Federal Customer Experience and Service Delivery To Rebuild Trust in Government

2021-12-13T00:00:00

9e9c132647f235eb0797a6630702a5e2b4fe401576ecf763a9b4b409b79d4fa6

Presidential Executive Order

2021-26459 (14056)

Presidential Documents 68871 Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Presidential Documents Executive Order 14056 of December 1, 2021 The National Space Council By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. The National Space Council (Council), as authorized under Title V of Public Law 100–685, advises and assists the President regarding national space policy and strategy. This order sets forth the Coun- cil’s membership, duties, and responsibilities. Sec. 2. Membership of the National Space Council. The Council shall be composed of: (a) the Vice President, who shall be Chair of the Council; (b) the Secretary of State; (c) the Secretary of Defense; (d) the Secretary of the Interior; (e) the Secretary of Agriculture; (f) the Secretary of Commerce; (g) the Secretary of Labor; (h) the Secretary of Transportation; (i) the Secretary of Energy; (j) the Secretary of Education; (k) the Secretary of Homeland Security; (l) the Director of the Office of Management and Budget; (m) the Director of National Intelligence; (n) the Director of the Office of Science and Technology Policy; (o) the Assistant to the President for National Security Affairs; (p) the Assistant to the President for Economic Policy; (q) the Assistant to the President for Domestic Policy; (r) the Assistant to the President and National Climate Advisor; (s) the Chairman of the Joint Chiefs of Staff; (t) the Administrator of the National Aeronautics and Space Administra- tion; and (u) the heads of other executive departments and agencies (agencies) and other senior officials within the Executive Office of the President, as deter- mined by the Chair. Sec. 3. Functions and Operations of the Council. (a) The Council shall advise and assist the President on space policy and strategy. In particular, it shall: (i) review, develop, and provide recommendations to the President on space policy and strategy; (ii) coordinate implementation of space policy and strategy; (iii) synchronize the Nation’s civil, commercial, and national security space activities in furtherance of the objectives of the President’s national space policy and strategy; VerDate Sep<11>2014 20:07 Dec 02, 2021 Jkt 256001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\03DEE0.SGM 03DEE0 jspears on DSK121TN23PROD with PREZ DOC 3 68872 Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Presidential Documents (iv) facilitate resolution of differences among agencies on space-related policy and strategy matters; (v) enable interagency cooperation, coordination, and information exchange on space activities; and (vi) perform such other duties as the President may, from time to time, prescribe. (b) The operation of the Council shall not interfere with the existing lines of authority in or responsibilities of any agency. (c) The Council shall have a staff, headed by a civilian Executive Secretary appointed by the President. (d) The Council shall meet at least annually. (e) The Council shall consider and provide recommendations to the Presi- dent on any space-related issue as determined by the Chair. Sec. 4. Responsibilities of the Chair. (a) The Chair shall serve as the Presi- dent’s principal advisor on national space policy and strategy. (b) The Chair shall establish procedures and set the agenda for Council sessions to address Presidential priorities. (c) The Chair may recommend to the President candidates for the position of Executive Secretary. (d) The Chair may invite the heads of other agencies, other senior officials in the Executive Office of the President, and other Federal employees to participate in Council meetings. (e) The Chair or, upon the Chair’s direction, the Executive Secretary, may develop budget recommendations for submission to the Director of the Office of Management and Budget that reflect the President’s space policy and strategy, as well as provide advice concerning budget submissions by agencies related to the President’s space policies and strategies. Sec. 5. National Space Policy Planning Process. (a) The Council shall estab- lish a process for developing and coordinating the implementation of national space policy and strategy. (b) The head of each agency that conducts space-related activities shall, to the extent permitted by law, conform such activities to the President’s national space policy and strategy. (c) On space matters relating primarily to national security, the Council shall coordinate with the National Security Council (NSC) to develop space policy and strategy consistent with NSC priorities and practices. Sec. 6. Users’ Advisory Group. (a) The Council shall convene a Users’ Advisory Group (Group) pursuant to section 121 of Public Law 101–611, composed of non-Federal representatives of industries and other persons involved in aeronautical and space activities. (b) Members of the Group shall serve without compensation for their work for the Group. Members of the Group, while engaged in the work of the Group, may be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermit- tently in Government service (5 U.S.C. 5701–5707), consistent with the availability of funds. (c) The Group shall report directly to the Council and shall provide advice or work product solely to the Council. (d) The Group shall provide advice and recommendations to the Council on matters related to space policy and strategy, including Government poli- cies, laws, regulations, treaties, international instruments, programs, and practices across the civil, commercial, and national security space sectors. Sec. 7. Administrative Provisions. (a) To aid in the performance of the functions of the Council: (i) the Office of Administration in the Executive Office of the President shall provide administrative support to the Council, to the extent permitted by law and within existing appropriations; and VerDate Sep<11>2014 20:07 Dec 02, 2021 Jkt 256001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\03DEE0.SGM 03DEE0 jspears on DSK121TN23PROD with PREZ DOC 3 68873 Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Presidential Documents (ii) legal advice to the Council with respect to its work and functions shall be provided exclusively by the Office of the Counsel to the President and the Counsel to the Vice President. (b) To the extent practicable and permitted by law, including the Economy Act (31 U.S.C. 1535), and within existing appropriations, agencies serving on the Council, components of the Executive Office of the President, and interagency councils and committees that affect space policy or strategy shall make resources, including personnel, office support, and printing, avail- able to the Council as reasonably requested by the Chair or, upon the Chair’s direction, the Executive Secretary. (c) Agencies shall cooperate with the Council through the Chair, or upon the Chair’s request, the Executive Secretary, and provide such information and advice to the Council as it may reasonably request, to the extent permitted by law, including information regarding agencies’ current and planned space activities. (d) This order supersedes Executive Order 13803 of June 30, 2017 (Reviving the National Space Council), and Executive Order 13906 of February 13, 2020 (Amending Executive Order 13803—Reviving the National Space Coun- cil), and those orders are revoked. To the extent this order is inconsistent with any provision of any previous Executive Order or Presidential Memo- randum, this order shall control. (e) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order and other dissimilar applications of such provision shall not be affected. Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 20:07 Dec 02, 2021 Jkt 256001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\03DEE0.SGM 03DEE0 jspears on DSK121TN23PROD with PREZ DOC 3 68874 Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Presidential Documents (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, December 1, 2021. [FR Doc. 2021–26459 Filed 12–2–21; 11:15 am] Billing code 3395–F2–P VerDate Sep<11>2014 20:07 Dec 02, 2021 Jkt 256001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\03DEE0.SGM 03DEE0 BIDEN.EPS</GPH> jspears on DSK121TN23PROD with PREZ DOC 3

The National Space Council

2021-12-01T00:00:00

08b2ad0024e34586a1e4484cff52f0c73679e2872350be402e6649d895ceb20b

Presidential Executive Order

2021-25715 (14055)

Presidential Documents 66397 Federal Register Vol. 86, No. 223 Tuesday, November 23, 2021 Title 3— The President Executive Order 14055 of November 18, 2021 Nondisplacement of Qualified Workers Under Service Con- tracts By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to promote economy and efficiency in procurement, it is hereby ordered as follows: Section 1. Policy. When a service contract expires, and a follow-on contract is awarded for the same or similar services, the Federal Government’s pro- curement interests in economy and efficiency are best served when the successor contractor or subcontractor hires the predecessor’s employees, thus avoiding displacement of these employees. Using a carryover work force reduces disruption in the delivery of services during the period of transition between contractors, maintains physical and information security, and pro- vides the Federal Government with the benefits of an experienced and well-trained work force that is familiar with the Federal Government’s per- sonnel, facilities, and requirements. These same benefits are also often real- ized when a successor contractor or subcontractor performs the same or similar contract work at the same location where the predecessor contract was performed. Sec. 2. Definitions. (a) ‘‘Service contract’’ or ‘‘contract’’ means any contract, contract-like instru- ment, or subcontract for services entered into by the Federal Government or its contractors that is covered by the Service Contract Act of 1965, as amended, 41 U.S.C. 6701 et seq., and its implementing regulations. (b) ‘‘Employee’’ means a service employee as defined in the Service Con- tract Act of 1965, as amended, 41 U.S.C. 6701(3). (c) ‘‘Agency’’ means an executive department or agency, including an independent establishment subject to the Federal Property and Administra- tive Services Act, 40 U.S.C. 102(4)(A). Sec. 3. Nondisplacement of Qualified Workers. (a) Each agency shall, to the extent permitted by law, ensure that service contracts and subcontracts that succeed a contract for performance of the same or similar work, and solicitations for such contracts and subcontracts, include the following clause: ‘‘Nondisplacement of Qualified Workers: (a) The contractor and its sub- contractors shall, except as otherwise provided herein, in good faith offer service employees (as defined in the Service Contract Act of 1965, as amend- ed, 41 U.S.C. 6701(3)) employed under the predecessor contract and its subcontracts whose employment would be terminated as a result of the award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which those employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ more or fewer employees than the predecessor contractor employed in connection with performance of the work solely on the basis of that determination. Except as provided in paragraph (b), there shall be no employment opening under this contract or subcontract, and the contractor and any subcontractors shall not offer employment under this contract to any person prior to having complied fully with the obligations described in this clause. The contractor and its subcontractors shall make an express offer of employment to each VerDate Sep<11>2014 16:25 Nov 22, 2021 Jkt 256001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\23NOE0.SGM 23NOE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 66398 Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Presidential Documents employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 business days. ‘‘(b) Notwithstanding the obligation under paragraph (a) above, the con- tractor and any subcontractors (1) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 6701(3), and (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor for whom the contractor or any of its subcontractors reasonably believes, based on reliable evidence of the particular employees’ past performance, that there would be just cause to discharge the employee(s) if employed by the con- tractor or any subcontractors. ‘‘(c) The contractor shall, not less than 10 business days before the earlier of the completion of this contract or of its work on this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their sub- contractors. The Contracting Officer shall provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives, consistent with the Privacy Act, 5 U.S.C. 552a, and other applicable law. ‘‘(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, the Secretary may impose appropriate sanctions against the contractor or its subcontractors, as provided in Executive Order (No.) llll, the regulations implementing that order, and relevant orders of the Secretary, or as otherwise provided by law. ‘‘(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) and (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph (c) of this clause. The contractor shall take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanc- tions for noncompliance: provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States.’’ (b) Nothing in this order shall be construed to require or recommend that agencies, contractors, or subcontractors pay the relocation costs of em- ployees who exercise their right to work for a successor contractor or subcon- tractor pursuant to this order. Sec. 4. Location Continuity. (a) When an agency prepares a solicitation for a service contract that succeeds a contract for performance of the same or similar work, the agency shall consider whether performance of the work in the same locality or localities in which the contract is currently being performed is reasonably necessary to ensure economical and efficient provision of services. VerDate Sep<11>2014 16:25 Nov 22, 2021 Jkt 256001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\23NOE0.SGM 23NOE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 66399 Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Presidential Documents (b) If an agency determines that performance of the contract in the same locality or localities is reasonably necessary to ensure economical and effi- cient provision of services, then the agency shall, to the extent consistent with law, include a requirement or preference in the solicitation for the successor contract that it be performed in the same locality or localities. Sec. 5. Exclusions. This order shall not apply to: (a) contracts under the simplified acquisition threshold as defined in 41 U.S.C. 134; or (b) employees who were hired to work under a Federal service contract and one or more nonfederal service contracts as part of a single job, provided that the employees were not deployed in a manner that was designed to avoid the purposes of this order. Sec. 6. Exceptions Authorized by Agencies. (a) A senior official within an agency may grant an exception from the requirements of section 3 of this order for a particular contract by, no later than the solicitation date, providing a specific written explanation of why at least one of the following circumstances exists with respect to that contract: (i) Adhering to the requirements of section 3 of this order would not advance the Federal Government’s interests in achieving economy and efficiency in Federal procurement; (ii) Based on a market analysis, adhering to the requirements of section 3 of this order would: (A) substantially reduce the number of potential bidders so as to frustrate full and open competition; and (B) not be reasonably tailored to the agency’s needs for the contract; or (iii) Adhering to the requirements of section 3 of this order would otherwise be inconsistent with statutes, regulations, Executive Orders, or Presidential Memoranda. (b) To the extent permitted by law and consistent with national security and executive branch confidentiality interests, each agency shall publish, on a centralized public website, descriptions of the exceptions it has granted under this section, and ensure that the contractor notifies affected workers and their collective bargaining representatives, if any, in writing of the agency’s determination to grant an exception. (c) On a quarterly basis, each agency shall report to the Office of Manage- ment and Budget descriptions of the exceptions granted under this section. Sec. 7. Regulations and Implementation. (a) The Secretary of Labor (Secretary) shall, to the extent consistent with law, issue final regulations within 180 days of the date of this order to implement the requirements of this order, other than those specified in sections 6(b) and (c) of this order. (b) Within 60 days of the Secretary issuing final regulations, the Federal Acquisition Regulatory Council (FAR Council), to the extent consistent with law, shall amend the Federal Acquisition Regulation to provide for inclusion in Federal procurement solicitations and contracts subject to this order the clause described in section 3 of this order. (c) The Director of the Office of Management and Budget shall, to the extent consistent with law, issue guidance to implement section 6(c) of this order. Sec. 8. Enforcement. (a) The Secretary shall have the authority to investigate potential violations of, and obtain compliance with, this order. In such proceedings, the Secretary shall have the authority to issue final orders prescribing appropriate sanctions and remedies, including, but not limited to, orders requiring employment and payment of wages lost. The Secretary may also provide that, if a contractor or subcontractor has failed to comply with any order of the Secretary or has committed willful violations of this order or the regulations issued pursuant thereto, the contractor or subcon- tractor, and its responsible officers, and any firm in which the contractor VerDate Sep<11>2014 16:25 Nov 22, 2021 Jkt 256001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\23NOE0.SGM 23NOE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 66400 Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Presidential Documents or subcontractor has a substantial interest, may be ineligible to be awarded any contract of the United States for a period of up to 3 years. Neither an order for debarment of any contractor or subcontractor from further Federal Government contracts under this section nor the inclusion of a contractor or subcontractor on a published list of noncomplying contractors shall be carried out without affording the contractor or subcontractor an opportunity to present information and argument in opposition to the pro- posed debarment or inclusion on the list. (b) This order creates no rights under the Contract Disputes Act, 41 U.S.C. 7101 et seq., and disputes regarding the requirements of the contract clause prescribed by section 3 of this order, to the extent permitted by law, shall be disposed of only as provided by the Secretary in regulations issued under this order. Sec. 9. Revocation. Executive Order 13897 of October 31, 2019 (Improving Federal Contractor Operations by Revoking Executive Order 13495), is re- voked. Executive Order 13495 of January 30, 2009 (Nondisplacement of Qualified Workers Under Service Contracts), remains revoked. Sec. 10. Severability. If any provision of this order, or the application of any provision of this order to any person or circumstance, is held to be invalid, the remainder of this order and its application to any other person or circumstance shall not be affected thereby. Sec. 11. Effective Date. This order shall become effective immediately and shall apply to solicitations issued on or after the effective date of the final regulations issued by the FAR Council under section 7 of this order. For solicitations issued between the date of this order and the date of the action taken by the FAR Council under section 7 of this order, or solicitations that have already been issued and are outstanding as of the date of this order, agencies are strongly encouraged, to the extent permitted by law, to include in the relevant solicitation the contract clause described in section 3 of this order. Sec. 12. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 16:25 Nov 22, 2021 Jkt 256001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\23NOE0.SGM 23NOE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 66401 Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Presidential Documents (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, November 18, 2021. [FR Doc. 2021–25715 Filed 11–22–21; 8:45 am] Billing code 3395–F2–P VerDate Sep<11>2014 16:25 Nov 22, 2021 Jkt 256001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\23NOE0.SGM 23NOE0 BIDEN.EPS</GPH> lotter on DSK11XQN23PROD with FR_PREZDOC1

Nondisplacement of Qualified Workers Under Service Contracts

2021-11-18T00:00:00

c20e3953af930801413f6e9ff1e4699ee5ef881a87218a20144e369f73ea5052

Presidential Executive Order

2021-25286 (14052)

Presidential Documents 64335 Federal Register Vol. 86, No. 220 Thursday, November 18, 2021 Title 3— The President Executive Order 14052 of November 15, 2021 Implementation of the Infrastructure Investment and Jobs Act By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to effectively implement the historic infrastructure investments in the Infrastructure Investment and Jobs Act (the Act), it is hereby ordered as follows: Section 1. Background. The Infrastructure Investment and Jobs Act is a once-in-a-generation investment in our Nation’s infrastructure and competi- tiveness. It will help rebuild America’s roads, bridges, and rails; expand access to clean drinking water; work to ensure access to high-speed internet throughout the Nation; tackle the climate crisis; advance environmental jus- tice; and invest in communities that have too often been left behind. It will accomplish all of this while driving the creation of good-paying union jobs and growing the economy sustainably and equitably for decades to come. Critical to achieving these goals will be the effective implementation of the Act by my Administration, as well as by State, local, Tribal, and territorial governments. Sec. 2. Implementation Priorities. In implementing the Act, all agencies (as described in section 3502(1) of title 44, United States Code, except for the agencies described in section 3502(5) of title 44), shall, as appropriate and to the extent consistent with law, prioritize: (a) investing public dollars efficiently, working to avoid waste, and focusing on measurable outcomes for the American people; (b) increasing the competitiveness of the United States economy, including through implementing the Act’s Made-in-America requirements and bol- stering United States manufacturing and supply chains; (c) improving job opportunities for millions of Americans by focusing on high labor standards for these jobs, including prevailing wages and the free and fair chance to join a union; (d) investing public dollars equitably, including through the Justice40 Initiative, which is a Government-wide effort toward a goal that 40 percent of the overall benefits from Federal investments in climate and clean energy flow to disadvantaged communities; (e) building infrastructure that is resilient and that helps combat the crisis of climate change; and (f) effectively coordinating with State, local, Tribal, and territorial govern- ments in implementing these critical investments. Sec. 3. Infrastructure Implementation Task Force. (a) There is established within the Executive Office of the President the Infrastructure Implementation Task Force (Task Force). The function of the Task Force is to coordinate effective implementation of the Infrastructure Investment and Jobs Act and other related significant infrastructure programs within the executive branch. (b) The Assistant to the President for Economic Policy and Director of the National Economic Council shall serve as Co-Chair of the Task Force. (c) There is established within the Executive Office of the President the position of White House Infrastructure Coordinator, who shall serve as Co- Chair of the Task Force. VerDate Sep<11>2014 15:43 Nov 17, 2021 Jkt 256001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\18NOE0.SGM 18NOE0 khammond on DSKJM1Z7X2PROD with PRESDOC 64336 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Presidential Documents (d) In addition to the Co-Chairs, the Task Force shall consist of the following members: (i) the Secretary of the Interior; (ii) the Secretary of Agriculture; (iii) the Secretary of Commerce; (iv) the Secretary of Labor; (v) the Secretary of Transportation; (vi) the Secretary of Energy; (vii) the Administrator of the Environmental Protection Agency; (viii) the Director of the Office of Management and Budget; (ix) the Director of the Office of Personnel Management; (x) the Assistant to the President and Director of the Domestic Policy Council; (xi) the Assistant to the President and National Climate Advisor; and (xii) the heads of such other executive departments, agencies, and offices as the Co-Chairs may from time to time invite to participate. (e) The Co-Chairs may coordinate subgroups consisting of Task Force members or their designees, as appropriate. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, November 15, 2021. [FR Doc. 2021–25286 Filed 11–17–21; 8:45 am] Billing code 3395–F2–P VerDate Sep<11>2014 15:43 Nov 17, 2021 Jkt 256001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\18NOE0.SGM 18NOE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC

Implementation of the Infrastructure Investment and Jobs Act

2021-11-15T00:00:00

3d628b9c9d046f96567c54adde3e76ba8cf29149c497c8d613196bdaafe15980

Presidential Executive Order

2021-25287 (14053)

Presidential Documents 64337 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Presidential Documents Executive Order 14053 of November 15, 2021 Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order as follows: Section 1. Policy. The safety and well-being of all Native Americans is a top priority for my Administration. My Administration will work hand in hand with Tribal Nations and Tribal partners to build safe and healthy Tribal communities and to support comprehensive law enforcement, preven- tion, intervention, and support services. Generations of Native Americans have experienced violence or mourned a missing or murdered family member or loved one, and the lasting impacts of such tragedies are felt throughout the country. Native Americans face unacceptably high levels of violence, and are victims of violent crime at a rate much higher than the national average. Native American women, in particular, are disproportionately the victims of sexual and gender-based violence, including intimate partner homicide. Research shows that approxi- mately half of Native American women have experienced sexual violence and that approximately half have experienced physical violence by an inti- mate partner. LGBTQ+ Native Americans and people who identify as ‘‘Two- Spirit’’ people within Tribal communities are also often the targets of vio- lence. And the vast majority of Native American survivors report being victimized by a non-Native American individual. For far too long, justice has been elusive for many Native American victims, survivors, and families. Criminal jurisdiction complexities and resource con- straints have left many injustices unaddressed. Some progress has been made, particularly on Tribal lands. Given that approximately 70 percent of American Indian and Alaska Natives live in urban areas and part of this epidemic of violence is against Native American people in urban areas, we must continue that work on Tribal lands but also build on existing strategies to identify solutions directed toward the particular needs of urban Native Americans. In 2020, bipartisan members of the 116th Congress took an important step forward through the passage of two pieces of legislation—Savanna’s Act and the Not Invisible Act of 2019—that include important provisions for improving law enforcement and justice protocols as well as improving access to data to address missing or murdered indigenous people. My Administra- tion is committed to fully implementing these laws and working with the Congress to fund these programs for Native Americans. Earlier this year, the Secretary of the Interior and the Attorney General announced a Joint Commission, established pursuant to the Not Invisible Act, that includes: representatives of Tribal, State, and local law enforcement; Tribal judges; Native American survivors of human trafficking; health care and mental health practitioners who have experience working with Native American survivors of human trafficking and sexual assault; Urban Indian Organizations focused on violence against women and children; and family members of missing or murdered indigenous people. The Commission will work to ad- dress the persistent violence endured by Native American families and com- munities across the country. In addition, the Department of the Interior VerDate Sep<11>2014 15:45 Nov 17, 2021 Jkt 256001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\18NOE1.SGM 18NOE1 khammond on DSKJM1Z7X2PROD with PRESDOC2 64338 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Presidential Documents has established a special unit to focus resources on active and unsolved missing persons cases. But more work is needed to address the crisis of ongoing violence against Native Americans—and of missing or murdered indigenous people. Previous executive action has not achieved changes sufficient to reverse the epidemic of missing or murdered indigenous people and violence against Native Ameri- cans. The Federal Government must prioritize addressing this issue and its underlying causes, commit the resources needed to tackle the high rates of violent crime that Native Americans experience over the long term, coordi- nate and provide resources to collect and analyze data, and work closely with Tribal leaders and community members, Urban Indian Organizations, and other interested parties to support prevention and intervention efforts that will make a meaningful and lasting difference on the ground. It is the policy of my Administration to work directly with Tribal Nations to strengthen public safety and criminal justice in Indian Country and be- yond, to reduce violence against Native American people, and to ensure swift and effective Federal action that responds to the problem of missing or murdered indigenous people. My Administration understands that Native American people, particularly the survivors of violence, know best what their communities need to make them safer. Consistent engagement, commit- ment, and collaboration will drive long-term improvement to public safety for all Native Americans. Sec. 2. Coordination of a Federal Law Enforcement Strategy to Prevent and Respond to Violence Against Native Americans. The Attorney General, working with the Secretary of the Interior and the heads of other executive departments and agencies (agencies) as appropriate, shall assess and build on existing efforts to develop a coordinated and comprehensive Federal law enforcement strategy to prevent and respond to violence against Native Americans, including to address missing or murdered indigenous people where the Federal Government has jurisdiction. The strategy shall set out a plan to address unsolved cases involving Native Americans; provide for coordination among the Department of Justice, the Department of the Interior, and the Department of Homeland Security in their efforts to end human trafficking; seek to strengthen and expand Native American participation in the Amber Alert in Indian Country initiative; and build on and enhance national training programs for Federal agents and prosecutors, including those related to trauma-informed and victim-centered interview and investiga- tion techniques. The strategy shall also include protocols for effective, con- sistent, and culturally and linguistically appropriate communication with families of victims and their advocates, including through the creation of a designated position within the Department of Justice assigned the function of serving as the outreach services liaison for criminal cases where the Federal Government has jurisdiction. The Attorney General and the Secretary of the Interior shall report to the President within 240 days of the date of this order describing the strategy developed and identifying additional resources or other support necessary to implement that strategy. Sec. 3. Supporting Tribal and Other Non-Federal Law Enforcement Efforts to Prevent and Respond to Violence Against Native Americans. (a) The Attorney General and the Secretary of the Interior, working with the heads of other agencies as appropriate, shall develop guidance, identify leading practices, and provide training and technical assistance, consistent with applicable law and available appropriations, to: (i) assist Tribal governments in implementing special domestic violence criminal jurisdiction pursuant to the Violence Against Women Reauthoriza- tion Act of 2013, enabling them to prosecute certain non-Indian defendants for domestic violence and dating violence offenses in Indian Country, and also assist Tribes in implementing any relevant Tribal provisions in subsequent Violence Against Women Act reauthorization legislation; (ii) assist Tribal governments within Oklahoma, consistent with the United States Supreme Court’s decision in McGirt v. Oklahoma, 140 S. Ct. 2452 VerDate Sep<11>2014 15:45 Nov 17, 2021 Jkt 256001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\18NOE1.SGM 18NOE1 khammond on DSKJM1Z7X2PROD with PRESDOC2 64339 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Presidential Documents (2020), to build capacity to handle cases within their criminal jurisdiction, including the capacity to provide victim services; (iii) promote coordination of Federal, State, local, and Tribal law enforce- ment, including, as appropriate, through the development and support of Tribal Community Response Plans; (iv) continue to assist Tribal law enforcement and judicial personnel with training, as described in 25 U.S.C. 2451, on the investigation and prosecu- tion of offenses related to illegal narcotics and on alcohol and substance abuse prevention and treatment; and (v) assist Tribal, State, and local law enforcement entities’ ability to apply linguistically appropriate, trauma-informed, and victim-centered practices when working with victims of crime, and to develop prevention strategies and recognize the indicators of human trafficking affecting Native Ameri- cans. (b) The Attorney General and the Secretary of the Interior shall continue to assess their respective grantmaking operations to evaluate whether any changes, consistent with applicable law, are warranted to make that grantmaking more equitable for Tribal applicants seeking support for law enforcement purposes and for the provision of services to victims and sur- vivors. Sec. 4. Improving Data Collection, Analysis, and Information Sharing. (a) The Attorney General, in coordination with the Secretary of the Interior and the Secretary of Health and Human Services (HHS), as appropriate, shall sustain efforts to improve data collection and information-sharing prac- tices, conduct outreach and training, and promote accurate and timely access to information services regarding crimes or threats against Native Americans, including in urban areas, such as through the National Crime Information Center, the Next Generation Identification system, and the National Violent Death Reporting System, as appropriate and consistent with applicable law. (b) The Attorney General shall take steps, consistent with applicable law, to expand the number of Tribes participating in the Tribal Access Program for National Crime Information, which provides Tribes access to national crime information systems for federally authorized purposes. (c) The Attorney General, in coordination with the Secretary of the Interior and the Secretary of HHS, shall develop a strategy for ongoing analysis of data collected on violent crime and missing persons involving Native Americans, including in urban Indian communities, to better understand the extent and causes of this crisis. Within 240 days of the date of this order, the Attorney General, the Secretary of the Interior, and the Secretary of HHS shall report jointly to the President on the strategy they have devel- oped to conduct and coordinate that analysis and shall identify additional resources or other support necessary to implement that strategy. (d) The Attorney General shall assess the current use of DNA testing and DNA database services to identify missing or murdered indigenous people and any responsible parties, including the unidentified human re- mains, missing persons, and relatives of missing persons indices of the Combined DNA Index System and the National Missing and Unidentified Persons System. Within 240 days of the date of this order, the Attorney General shall report the outcome of this assessment to the President, along with recommendations to improve the use and accessibility of DNA database services. (e) The Secretary of HHS shall evaluate the adequacy of research and data collection efforts at the Centers for Disease Control and Prevention and the National Institutes of Health in accurately measuring the prevalence and effects of violence against Native Americans, especially those living in urban areas, and report to the President within 180 days of the date of this order on those findings and any planned changes to improve those research and data collection efforts. VerDate Sep<11>2014 15:45 Nov 17, 2021 Jkt 256001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\18NOE1.SGM 18NOE1 khammond on DSKJM1Z7X2PROD with PRESDOC2 64340 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Presidential Documents Sec. 5. Strengthening Prevention, Early Intervention, and Victim and Survivor Services. (a) The Secretary of HHS, in consultation with the Secretary of the Interior and Tribal Nations and after conferring with other agencies, researchers, and community-based organizations supporting indigenous wellbeing, including Urban Indian Organizations, as appropriate, shall de- velop a comprehensive plan to support prevention efforts that reduce risk factors for victimization of Native Americans and increase protective factors, including by enhancing the delivery of services for Native American victims and survivors, as well as their families and advocates. The comprehensive plan shall, to the extent possible, build on the existing evidence base. The plan shall include strategies for improving mental and behavioral health; providing substance abuse services; providing family support, including high- quality early childhood programs for victims and survivors with young children; and preventing elder abuse, gender-based violence, and human trafficking. In addition, the plan shall also include community-based strate- gies that improve community cohesion and cultural connectivity and preser- vation, educational programs to increase empowerment and self-advocacy, and strategies to encourage culturally and linguistically appropriate, trauma- informed, and victim-centered service delivery to Native Americans, includ- ing for survivors of gender-based violence. The Secretary of HHS shall report to the President within 240 days of the date of this order describing the plan and actions taken and identifying any additional resources or other support needed. (b) The Secretary of HHS and the Secretary of the Interior shall review procedures within their respective departments for reporting child abuse and neglect, including barriers to reporting, and shall take appropriate action to make reporting of child abuse and neglect by the Indian Health Service easier and more streamlined. In addition, the Secretaries shall assess and identify ways to expand Native American access to child advocacy center services such as pediatric medical forensic examination services, mental health care providers with advanced training in child trauma, and culturally and linguistically appropriate activities and services geared toward pediatric patients. The Secretaries shall report to the President within 180 days of the date of this order describing actions taken, findings from the assessment, and planned actions to expand access, and identifying any additional re- sources or other support needed. (c) The Secretary of the Interior, consulting with the Attorney General and the Secretary of HHS, as appropriate, shall evaluate the effectiveness of existing technical assistance and judicial support services for Tribes to provide community-based conflict resolution, as well as culturally and lin- guistically appropriate, trauma-informed, and victim-centered strategies, in- cluding traditional healing services and healing courts, and shall identify and make improvements as needed. The Secretary of the Interior shall report to the President within 180 days of the date of this order describing the evaluation findings and the improvements implemented. Sec. 6. Consultation and Engagement. In accordance with the Presidential Memorandum of January 26, 2021 (Tribal Consultation and Strengthening Nation-to-Nation Relationships), the Departments of Justice, the Interior, HHS, Energy, and Homeland Security shall conduct timely consultations with Tribal Nations and shall engage Native American communities to obtain their comments and recommendations regarding implementing sections 2 through 5 of this order. Tribal consultation and engagement shall continue as the strategies required by this order are implemented. Sec. 7. Definitions. For the purposes of this order: (a) ‘‘Tribal Nation’’ means an American Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges as a federally recognized tribe pursuant to the Federally Recog- nized Indian Tribe List Act of 1994, 25 U.S.C. 5130, 5131. (b) ‘‘Native American’’ and ‘‘Native’’ mean members of one or more Tribal Nations. VerDate Sep<11>2014 15:45 Nov 17, 2021 Jkt 256001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\18NOE1.SGM 18NOE1 khammond on DSKJM1Z7X2PROD with PRESDOC2 64341 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Presidential Documents (c) ‘‘Urban Indian Organization’’ means a nonprofit corporate body situated in an urban center, governed by an urban Indian controlled board of directors, and providing for the maximum participation of all interested Indian groups and individuals, which body is capable of legally cooperating with other public and private entities, pursuant to 25 U.S.C. 1603(29). Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, November 15, 2021. [FR Doc. 2021–25287 Filed 11–17–21; 8:45 am] Billing code 3395–F2–P VerDate Sep<11>2014 15:45 Nov 17, 2021 Jkt 256001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\18NOE1.SGM 18NOE1 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC2

Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People

2021-11-15T00:00:00

98b8746e4f2e34cd980682c03ecb2bf0bd69de5fe004b861428b7467334853dc

Presidential Executive Order

2021-25548 (14054)

Presidential Documents 66149 Federal Register Vol. 86, No. 221 Friday, November 19, 2021 Title 3— The President Executive Order 14054 of November 18, 2021 Termination of Emergency With Respect to the Situation in Burundi By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, find that the situation that gave rise to the declaration of a national emergency in Executive Order 13712 of November 22, 2015 (Blocking Property of Certain Persons Contributing to the Situation in Burundi), with respect to the situa- tion in Burundi, including the killing of and violence against civilians, unrest, incitement of imminent violence, and significant political repression, which threatened the peace, security, and stability of Burundi, has been significantly altered by events of the past year, including the transfer of power following elections in 2020, significantly decreased violence, and President Ndayishimiye’s pursuit of reforms across multiple sectors. Accord- ingly, I hereby terminate the national emergency declared in Executive Order 13712, and revoke that order, and further order: Section 1. In light of the revocation of Executive Order 13712, the suspension of entry as immigrants and nonimmigrants of individuals meeting the criteria set forth in section 1(a) of that order will no longer be in effect as of the date of this order and such individuals will no longer be treated as persons covered by Presidential Proclamation 8693 of July 24, 2011 (Suspen- sion of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). Sec. 2. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)), termination of the national emergency declared in Executive Order 13712 shall not affect any action taken or proceeding pending not finally concluded or determined as of the date of this order, any action or proceeding based on any act committed prior to the date of this order, or any rights or duties that matured or penalties that were incurred prior to the date of this order. Sec. 3. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 22:11 Nov 18, 2021 Jkt 256250 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\19NOE0.SGM 19NOE0 khammond on DSKJM1Z7X2PROD with PRESDOC3 66150 Federal Register / Vol. 86, No. 221 / Friday, November 19, 2021 / Presidential Documents (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, November 18, 2021. [FR Doc. 2021–25548 Filed 11–18–21; 11:15 am] Billing code 3395–F2–P VerDate Sep<11>2014 22:11 Nov 18, 2021 Jkt 256250 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\19NOE0.SGM 19NOE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3

Termination of Emergency With Respect to the Situation in Burundi

2021-11-18T00:00:00

5c318d6d468a99380edf05006ce2d21ece95819590730829a95c45ca89418376

Presidential Executive Order

2021-23224 (14050)

Presidential Documents 58551 Federal Register Vol. 86, No. 202 Friday, October 22, 2021 Title 3— The President Executive Order 14050 of October 19, 2021 White House Initiative on Advancing Educational Equity, Ex- cellence, and Economic Opportunity for Black Americans By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Educational opportunity is a fundamental element of the American promise. The United States Supreme Court recognized in 1954 in Brown v. Board of Education that education ‘‘is a right which must be made available to all on equal terms.’’ In the decades since, our Nation has made progress in advancing equality and fairness in our schools, and the achievements, talents, and tenacity of Black students, educators, families, and scholars make our Nation’s schools and communities stronger for all Americans. Black students are thriving in schools across the country, inside the classroom—as valedictorians and award-winning scientists—and outside of it, including in debate, athletics, student government, and national spelling bees, among many other areas. Over the course of America’s history, Black Americans have helped to build, strengthen, and lead our Nation towards becoming a more perfect Union. Although for far too long, Black Americans were denied even the most basic access to education, the vital contributions of Black Americans in the fields of science, academia, business, and public service, among others, are a testament to the resilience of Black Americans and the steps our Nation has taken to expand access to education and opportunity. In spite of this progress, entrenched disparities continue to plague America’s education system, holding far too many Black students back from achieving their full potential. Because of persistent racial and systemic injustices in our Nation, Black students remain more likely to attend high-poverty and racially segregated schools than White students. Black students are inequi- tably disciplined and suspended from school at disproportionately higher rates than White students for similar offenses. In addition, Black students too often face limited access to advanced and college-preparatory courses. Systemic racial disparities in education negatively impact learning outcomes for Black students and many face persistent gaps in reading and mathematics achievement. Studies show that school districts with high concentrations of Black students are much more likely to be underfunded than districts where a majority of students are White, and face much wider funding gaps, with an average deficit of more than $5,000 per student. Black students are still below the national average for educational attainment in high school, and that gap is even higher for college attainment rates, as 26 percent of Black Americans ages 25 and older have attained a bachelor’s degree, while the national average is 36 percent. Black students also face unique challenges at the intersection of race and gender. Barriers to equity in education can compound for Black students who are also LGBTQ+ students, English-language learners, Dreamers, or students with disabilities. These disparities result in long-standing college and postsecondary edu- cational attainment gaps that affect life outcomes and access to opportunities. Although student populations are becoming increasingly diverse, Black teach- ers remain significantly underrepresented in our Nation’s classrooms. Edu- cational inequities have only widened throughout the COVID–19 pandemic, as Black students are more likely to experience remote learning challenges and greater learning loss as compared to their White peers. The persistent VerDate Sep<11>2014 15:58 Oct 21, 2021 Jkt 256001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 58552 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Presidential Documents digital divide faced by some Black students has contributed to this disparity. It is a priority of my Administration to ensure an equitable recovery from COVID–19, and to provide all students with a successful return to the classroom. In the face of these historic and present-day inequities in our Nation’s schools, Black students continue to persevere. Black students and scholars today are breaking the barriers confronted by generations who came before. Our Nation’s schools and communities are irrefutably strengthened by the success, scholarship, and tenacity of Black students of all ages. But our Nation must go further to finally root out systemic barriers in our schools. Additionally, these barriers are present not just in the classroom, but also in the workplace. Black Americans face systemic obstacles to getting good jobs, gaps in wages and promotion, and higher incidences of reported work- place discrimination than White workers. Eliminating these inequities re- quires expanding access to work-based learning and leadership opportunities, including mentorships, sponsorships, internships, and registered apprentice- ships that provide not only career guidance, but also the experience needed to navigate and excel in successful careers. In order for our Nation to equitably recover from the COVID–19 crisis, and to ensure that every Black person in America has a fair shot at the American dream, we must advance equity and excellence in public education and access to economic opportuni- ties. It is the policy of my Administration to advance educational equity, excel- lence, and economic opportunity for Black Americans and communities from early childhood until their chosen career. Sec. 2. White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans. (a) To advance equity in our Nation’s schools and to promote the economic opportunity that follows it, there is established in the Department of Education (Department) the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans (Initiative), of which the Sec- retary of Education (Secretary) shall serve as Chair. The Secretary shall designate an Executive Director for the Initiative (Executive Director). (b) The Initiative shall advance educational equity and economic oppor- tunity for Black students, families, and communities by focusing on the following policy goals: (i) increasing general understanding of systemic causes of educational challenges faced by many Black students, whether these students are in urban, suburban, rural, or migrant learning environments, and working across executive departments and agencies (agencies) to address these challenges; (ii) increasing Black children’s and families’ access to and participation in high-quality early childhood programs and services that promote chil- dren’s healthy development and learning, prepare them for success in school, and affirm their cultural identity; (iii) addressing the inequitable treatment of Black children, such as eradi- cating discriminatory referrals to special education and excessive discipli- nary actions; (iv) supporting and improving data collection related to Black students and the implementation of evidence-based strategies to increase the partici- pation and success of Black students in all levels of education and prepare them for careers and civic engagement; (v) ensuring that all Black students have access to excellent teachers, school leaders, and other professionals, including by supporting efforts to improve the recruitment, preparation, development, and retention of qualified, diverse teachers and school leaders and other professionals who understand students’ lived experiences and can effectively meet their learn- ing, social, and emotional needs; VerDate Sep<11>2014 15:58 Oct 21, 2021 Jkt 256001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 58553 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Presidential Documents (vi) enhancing student support services and fostering positive engagement among schools, families, community leaders, and community-based organi- zations to increase the high school graduation and post-secondary attend- ance rates and decrease the high school dropout rate for Black students; (vii) promoting a positive school climate that supports equitable access to and participation in college-readiness, advanced placement courses, and internship opportunities, as well as innovative dropout prevention and recovery strategies that better engage Black youth in their learning, help them progress academically as needed, and provide those who have left the educational system with pathways to reentry; (viii) eliminating discriminatory enrollment, housing, transportation, and other policies that lead to racial and socioeconomic segregation among and within schools; (ix) ensuring equitable access to educational resources, professionals, and technology, including by addressing racial disparities in school funding and expenditures; (x) breaking down barriers that impede the access of higher education institutions that serve Black students, such as Predominantly Black Institu- tions (PBIs) and Historically Black Colleges and Universities (HBCUs), to Federal funding, and strengthening the capacity of those institutions to participate in Federal programs and partnerships; (xi) advancing racial equity and economic opportunity by connecting edu- cation to labor market needs through programs such as dual enrollment, career and technical education, registered apprenticeships, work-based learning, and career advancement, particularly in the fields of science, technology, engineering, and mathematics; and (xii) ensuring that Black communities have access to resources for economic success, such as in the areas of financial education, small business develop- ment, entrepreneurship, arts, science, technology, engineering, and mathe- matics. (c) In working to fulfill its mission and objectives, the Initiative shall, consistent with applicable law: (i) identify and promote evidence-based best practices that can provide Black students with a rigorous and well-rounded education in safe and healthy environments, as well as access to support services, that will improve their educational, professional, economic, and civic opportunities; (ii) advance and coordinate efforts to ensure equitable opportunities for Black students in the re-opening process for schools across the country, and take steps to ensure that Black students, from early childhood to post-secondary education, can equitably recover from learning losses and other challenges faced during the COVID–19 pandemic; (iii) encourage and develop partnerships with a national network of early childhood and early intervention providers, schools, institutions of higher education, and other public, private, philanthropic, and nonprofit stake- holders to improve access to educational equity and economic opportuni- ties for Black Americans; (iv) monitor and support the development, implementation, and coordina- tion of Federal Government educational, workforce, research, and business development policies, programs, and technical assistance designed to im- prove outcomes for historically underserved communities, including Black Americans; (v) work closely with the Executive Office of the President on key Adminis- tration priorities related to education, equity, and economic opportunity for Black Americans; and (vi) advise the Secretary on issues of importance to Black Americans and policies relating to educational equity, excellence, and economic op- portunity for Black Americans. VerDate Sep<11>2014 15:58 Oct 21, 2021 Jkt 256001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 58554 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Presidential Documents (d) There is established a Federal Interagency Working Group, which shall be convened by the Executive Director and shall support the efforts of the Initiative. The Interagency Working Group shall collaborate regarding resources and opportunities available across the Federal Government to in- crease educational and economic opportunities for Black Americans. (i) The Interagency Working Group shall consist of senior officials (des- ignated by the heads of their respective departments, agencies, and offices) from the following: (A) the Department of State; (B) the Department of the Treasury; (C) the Department of Defense; (D) the Department of Justice; (E) the Department of the Interior; (F) the Department of Agriculture; (G) the Department of Commerce; (H) the Department of Labor; (I) the Department of Health and Human Services; (J) the Department of Housing and Urban Development; (K) the Department of Transportation; (L) the Department of Energy; (M) the Department of Education; (N) the Department of Veterans Affairs; (O) the Department of Homeland Security; (P) the White House Office of Management and Budget; (Q) the White House Office of Science and Technology Policy; (R) the Small Business Administration; (S) the White House Domestic Policy Council; (T) the White House Gender Policy Council; (U) the White House Office of Public Engagement; (V) the National Science Foundation; (W) the National Aeronautics and Space Administration; (X) the United States Agency for International Development; and (Y) such additional executive departments, agencies, and offices as the Secretary may designate. (ii) The Executive Director may establish subgroups of the Interagency Working Group to focus on different aspects of the educational system (such as PBIs and HBCUs, early childhood education, kindergarten through 12th grade education, children and adults with disabilities, teacher diver- sity, higher education, career and technical education, adult education, or correctional education and reengagement), economic opportunity (work- based learning, entrepreneurship, financial education, or mentorship), or educational challenges facing particular populations. (e) Each agency designated to participate in the Interagency Working Group shall prepare a plan (Agency Plan) outlining measurable actions the agency will take to advance educational equity and economic opportunity for Black communities, including their plans to implement the policy goals and direc- tives outlined in section 2(b) of this order and other relevant work. These plans shall be submitted to the Chair of the Initiative on a date established by the Chair. (i) As appropriate, each Agency Plan shall include: VerDate Sep<11>2014 15:58 Oct 21, 2021 Jkt 256001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 58555 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Presidential Documents (A) a description of the applicable agency’s efforts to ensure that Federal programs and initiatives administered by the Department and other agen- cies are meeting the educational needs of Black Americans, including efforts to incorporate best practices into appropriate discretionary programs where the agency sees fit and as permitted by law; (B) a description of how the applicable agency has and will decrease barriers to participation of Black Americans in Federal employment and student engagement opportunities; (C) a description of how the applicable agency can address challenges facing Black students and higher education institutions that serve Black students, such as PBIs and HBCUs, brought on by or exacerbated by the COVID–19 pandemic; (D) a description of how the agency’s Office of Civil Rights, if applicable, can address discriminatory policies and practices that limit educational and economic opportunity for Black Americans; (E) any other information the applicable agency determines is relevant to promoting educational opportunities for Black Americans; and (F) information addressing any additional criteria established by the Chair or the Initiative. (ii) Each agency shall assess and report to the Chair on their progress in implementing the Agency Plan on a regular basis as established by the Chair. (iii) The Initiative shall monitor and evaluate each agency’s progress to- wards the goals established in its Agency Plan and shall coordinate with the agency to ensure that its Plan includes measurable and action-oriented goals. (f) The Department shall provide funding and administrative support for the Initiative and the Interagency Working Group, to the extent permitted by law and within existing appropriations. To the extent permitted by law, including the Economy Act (31 U.S.C. 1535), other agencies and offices represented on the Interagency Working Group may detail personnel to the Initiative, to assist the Department in meeting the objectives of this order. (g) To advance shared priorities and policies that advance equity and economic opportunity for underserved communities, the Initiative shall col- laborate and coordinate with other White House Initiatives related to equity and opportunity. (h) On an annual basis, the Chair shall report to the President on the Initiative’s progress in carrying out its mission and function under this order. Sec. 3. Presidential Advisory Commission. (a) There is established in the Department a Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans (Commis- sion). (b) The Commission shall provide advice to the President through the Secretary on matters pertaining to educational equity and economic oppor- tunity for the Black community, including: (i) what is needed for the development, implementation, and coordination of educational programs and initiatives at the Department and other agen- cies to improve educational opportunities and outcomes for Black Ameri- cans; (ii) how to promote career pathways for in-demand jobs for Black students, including registered apprenticeships, internships, fellowships, mentorships, and work-based learning initiatives; (iii) how to increase public awareness of and generate solutions for the educational and training challenges and equity disparities that Black Amer- icans face and the causes of these challenges; and VerDate Sep<11>2014 15:58 Oct 21, 2021 Jkt 256001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 58556 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Presidential Documents (iv) approaches to establish local and national partnerships with public, private, philanthropic, and nonprofit stakeholders to advance the mission and objectives of this order, consistent with applicable law. (c) The Commission shall periodically report to the President, through the Secretary and after consulting with the Executive Director, on progress in addressing the mission of the Commission. (d) The Commission shall consist of not more than 21 members appointed by the President. The Commission may include individuals with relevant experience or subject matter expertise, as well as individuals who may serve as representatives from a variety of sectors, including education (early childhood education, elementary and secondary education, higher education, career and technical education, and adult education), labor organizations, research institutions, public and private philanthropic organizations, private sector, nonprofit, and community-based organizations at the national, State, Tribal, regional, or local levels. Commission members should be able to provide specific insight into the lived experiences of those served by the Initiative, including young adults, and have diversity across the Black dias- pora and the geography of the country. (i) The President shall designate one member of the Commission to serve as its Chair. The Chair, in consultation with the Executive Director, shall convene regular meetings of the Commission, determine the Commission meeting agenda, and support the work of the Commission, consistent with this order. (ii) The Commission shall meet on a regular basis, and at least twice a year. (e) The Department shall provide funding and administrative support for the Commission, to the extent permitted by law and within existing appro- priations. Members of the Commission shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsist- ence, as authorized by law for persons serving intermittently in the Govern- ment service (5 U.S.C. 5701–5707). Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the administration of the Commission, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Secretary, in accord- ance with guidelines issued by the Administrator of General Services. (f) The Commission shall terminate 2 years from the date of this order, unless extended by the President. Sec. 4. Administrative Provisions. (a) This order supersedes Executive Order 13621 of July 26, 2012 (White House Initiative on Educational Excellence for African Americans), which is hereby revoked. To the extent that there are other Executive Orders that may conflict with or overlap with the provi- sions in this order, the provisions in this order supersede those other Execu- tive Orders on these subjects. (b) The heads of agencies shall assist and provide information to the Initiative and the Commission established in this order, consistent with applicable law, as may be necessary to carry out the functions of the Initiative and the Commission. (c) Each agency shall bear its own expenses of participating in the Initiative established in this order. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:58 Oct 21, 2021 Jkt 256001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 58557 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Presidential Documents (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, October 19, 2021. [FR Doc. 2021–23224 Filed 10–21–21; 8:45 am] Billing code 3395–F2–P VerDate Sep<11>2014 15:58 Oct 21, 2021 Jkt 256001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\22OCE0.SGM 22OCE0 BIDEN.EPS</GPH> lotter on DSK11XQN23PROD with FR_PREZDOC1

White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans

2021-10-19T00:00:00

8333b98bdb9394e6481112f1a6ec1ac80988ff51a970207f0644951d47f77587

Presidential Executive Order

2021-24183 (14051)

Presidential Documents 60747 Federal Register Vol. 86, No. 210 Wednesday, November 3, 2021 Title 3— The President Executive Order 14051 of October 31, 2021 Designation To Exercise Authority Over the National Defense Stockpile By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.), section 1413 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239), and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Policy and Purpose. The United States needs resilient, diverse, and secure supply chains to ensure our economic prosperity, national secu- rity, and national competitiveness. In Executive Order 14017 of February 24, 2021 (America’s Supply Chains), I directed a comprehensive review of America’s supply chains to ensure that they are resilient in the face of a range of risks. One critical component of safeguarding supply chain resilience and industrial base health is ensuring that both the Federal Govern- ment and the private sector maintain adequate quantities of supplies, equip- ment, or raw materials on hand to create a buffer against potential shortages and import dependencies. Some of the Federal Government’s key tools to maintain adequate quantities of supplies to guard against such shortages and dependencies are the United States national stockpiles, including the National Defense Stockpile. By strengthening the National Defense Stockpile, the Federal Government will both ensure that it is keeping adequate quan- tities of goods on hand and provide a model for the private sector, while recognizing that private sector stockpiles and reserves can differ from govern- ment ones. This order confers authority related to the release of strategic and critical materials from the National Defense Stockpile to improve Federal Government efforts around stockpiling for national defense purposes. Sec. 2. Designation. In accordance with section 98f of title 50, United States Code, the Under Secretary of Defense for Acquisition and Sustainment (Under Secretary) is designated to have authority to release strategic and critical materials from the National Defense Stockpile. Sec. 3. Execution and Consultation. In executing the authority conferred by this order, the Under Secretary may release strategic and critical materials from the National Defense Stockpile for use, sale, or other disposition only when required for use, manufacture, or production for purposes of national defense. No release is authorized for economic or budgetary purposes. Prior to ordering the release of strategic and critical materials from the National Defense Stockpile, the Under Secretary shall consult with the heads of relevant executive departments and agencies. Sec. 4. Authority. (a) All previously issued orders, regulations, rulings, certifi- cates, directives, and other actions relating to any function affected by this order shall remain in effect except to the extent that they are inconsistent with this order or are subsequently amended or revoked under proper author- ity. Nothing in this order shall affect the validity or force of anything done under previous delegations or another assignment of authority under the Strategic and Critical Materials Stock Piling Act. (b) Nothing in this order shall affect the authorities assigned under Execu- tive Order 13603 of March 16, 2012 (National Defense Resources Prepared- ness). VerDate Sep<11>2014 17:45 Nov 02, 2021 Jkt 250001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03NOE0.SGM 03NOE0 khammond on DSKJM1Z7X2PROD with PRESDOC-A 60748 Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Presidential Documents Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, October 31, 2021. [FR Doc. 2021–24183 Filed 11–2–21; 11:15 am] Billing code 3395–F2–P VerDate Sep<11>2014 17:45 Nov 02, 2021 Jkt 250001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\03NOE0.SGM 03NOE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC-A

Designation To Exercise Authority Over the National Defense Stockpile

2021-10-31T00:00:00

f1dbec4e214892a4f5684729d54e8944fbf067f1e82e859a19128d68915c01df

Presidential Executive Order

2021-21908 (14048)

Presidential Documents 55465 Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Presidential Documents Executive Order 14048 of September 30, 2021 Continuance or Reestablishment of Certain Federal Advisory Committees and Amendments to Other Executive Orders By the authority vested in me as President, by the Constitution and the laws of the United States of America, and consistent with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows: Section 1. Each advisory committee listed below is continued or, to the extent necessary, reestablished until September 30, 2023. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) President’s Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (c) President’s Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (d) Federal Advisory Council on Occupational Safety and Health; Executive Order 11612, as amended (Department of Labor). (e) President’s Export Council; Executive Order 12131, as amended (Depart- ment of Commerce). (f) President’s Committee on the International Labor Organization; Execu- tive Order 12216, as amended (Department of Labor). (g) President’s National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (h) National Industrial Security Program Policy Advisory Committee; Exec- utive Order 12829, as amended (National Archives and Records Administra- tion). (i) Trade and Environment Policy Advisory Committee; Executive Order 12905 (Office of the United States Trade Representative). (j) Governmental Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation; Executive Order 12915 (Environmental Protection Agency). (k) National Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation; Executive Order 12915 (Environmental Protection Agency). (l) Good Neighbor Environmental Board; Executive Order 12916, as amend- ed (Environmental Protection Agency). (m) Presidential Advisory Council on HIV/AIDS; Executive Order 12963, as amended (Department of Health and Human Services). (n) President’s Committee for People with Intellectual Disabilities; Execu- tive Order 12994, as amended (Department of Health and Human Services). (o) Invasive Species Advisory Committee; Executive Order 13112, as amended (Department of the Interior). (p) Advisory Board on Radiation and Worker Health; Executive Order 13179 (Department of Health and Human Services). (q) National Infrastructure Advisory Council; Executive Order 13231, as amended (Department of Homeland Security). VerDate Sep<11>2014 22:30 Oct 04, 2021 Jkt 256001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\05OCE0.SGM 05OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC10 55466 Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Presidential Documents (r) President’s Council on Sports, Fitness, and Nutrition; Executive Order 13265, as amended (Department of Health and Human Services). (s) Interagency Task Force on Veterans Small Business Development; Exec- utive Order 13540 (Small Business Administration). (t) State, Local, Tribal, and Private Sector (SLTPS) Policy Advisory Com- mittee; Executive Order 13549 (National Archives and Records Administra- tion). (u) President’s Advisory Commission on Educational Excellence for African Americans; Executive Order 13621 (Department of Education). (v) President’s Advisory Council on Doing Business in Africa; Executive Order 13675, as amended (Department of Commerce). (w) Commerce Spectrum Management Advisory Committee; initially estab- lished pursuant to Presidential Memorandum on Improving Spectrum Man- agement for the 21st Century (November 29, 2004) (Department of Commerce). (x) National Space-Based Positioning, Navigation, and Timing Advisory Board; National Security Presidential Directive–39, ‘‘U.S. National Space- Based Position, Navigation, and Timing Policy’’ (December 8, 2004) (National Aeronautics and Space Administration). (y) Grand Staircase-Escalante National Monument Advisory Committee; Proclamation 6920 of September 18, 1996, as amended (Department of the Interior). (z) San Juan Islands National Monument Advisory Committee; Proclama- tion 8947 of March 25, 2013 (Department of the Interior). (aa) Bears Ears National Monument Advisory Committee; Proclamation 9558 of December 28, 2016, as amended (Department of the Interior). (bb) Gold Butte National Monument Advisory Committee; Proclamation 9559 of December 28, 2016 (Department of the Interior). (cc) President’s Council of Advisors on Science and Technology; Executive Order 14007, as amended (Department of Energy). (dd) White House Environmental Justice Advisory Council; Executive Order 14008 (Environmental Protection Agency). (ee) President’s Advisory Commission on Asian Americans, Native Hawai- ians, and Pacific Islanders; Executive Order 14031 (Department of Health and Human Services). (ff) President’s Board of Advisors on Historically Black Colleges and Uni- versities; Executive Order 14041 (Department of Education). (gg) Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics; Executive Order 14045 (Department of Education). Sec. 2. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in section 1 of this order shall be performed by the head of the department or agency designated after each committee, in accordance with the regulations, guidelines, and proce- dures established by the Administrator of General Services. Sec. 3. Sections 1 and 2 of Executive Order 13889 of September 27, 2019, are hereby superseded by sections 1 and 2 of this order. Sec. 4. Executive Order 11287 of June 28, 1966, as amended, is further amended in section 2(a) by striking ‘‘twelve’’ and inserting in lieu thereof ‘‘fourteen.’’ Sec. 5. Executive Order 12382 of September 13, 1982, as amended, is further amended as follows: (a) by striking section 1, except subsection (c), and inserting before sub- section (c) the following: VerDate Sep<11>2014 22:30 Oct 04, 2021 Jkt 256001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\05OCE0.SGM 05OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC10 55467 Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Presidential Documents ‘‘Section 1. Establishment. (a) There is established the President’s National Security Telecommunications Advisory Committee, which shall be com- posed of no more than 30 members. These members shall have particular knowledge and expertise in the fields of cybersecurity and of information and communications technology (ICT) and shall represent various elements of the Nation’s telecommunications industry. Members of the Committee shall be appointed by the President. (b) The President shall designate a Chair and Vice Chair from among the members of the Committee, each for a term of up to 2 years.’’ (b) by striking sections 2 and 3, and inserting in lieu thereof the following new sections 2 and 3: ‘‘Sec. 2. Functions. (a) The Committee shall provide to the President, through the Secretary of Homeland Security, information and advice from the perspective of relevant cybersecurity, ICT, and telecommunications industries on information assurance, cybersecurity, and the ICT ecosystem with respect to national security and emergency preparedness (NS/EP) concerns. (b) The Committee shall provide information and advice to the President, through the Secretary of Homeland Security, regarding the feasibility of implementing specific measures to improve the resiliency and security of the digital and communications infrastructure of the United States. (c) The Committee shall provide technical information, advice, and rec- ommendations as it relates to NS/EP policy issues concerning cybersecu- rity, ICT, and telecommunications matters. (d) The Committee shall periodically report on matters in this section to the President, through the Secretary of Homeland Security. Sec. 3. Administration. (a) The heads of Executive agencies shall, to the extent permitted by law, provide the Committee with information con- cerning NS/EP policy issues specific to cybersecurity, ICT, and tele- communications matters in order for it to carry out its functions and mission. Information supplied to the Committee shall not, to the extent permitted by law, be available for public inspection. (b) Members of the Committee shall serve without any compensation for their work on the Committee. However, to the extent permitted by law, they shall be entitled to travel expenses, including per diem in lieu of subsistence. (c) Any expenses of the Committee shall, to the extent permitted by law, be paid from funds available to the Secretary of Homeland Security.’’ (c) by striking section 4, except subsection (b) thereof, and inserting imme- diately preceding subsection (b) the following: ‘‘Sec. 4. General. (a) Notwithstanding any other Executive Order, the func- tions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.), which are applicable to the Committee, except that of reporting annually to the Congress, shall be performed by the Secretary of Homeland Security, in accord with guidelines and procedures established by the Administrator of General Services.’’ Sec. 6. Executive Order 13231 of October 16, 2001, as amended, is further amended in section 3(a) by striking ‘‘The President shall designate from among the members of the NIAC a Chair and a Vice Chair, who shall perform the functions of the Chair if the Chair is absent or disabled, or in the instance of a vacancy in the Chair’’ and inserting in lieu thereof ‘‘The President shall designate from among the members of the NIAC a Chair and a Vice Chair, who shall perform the functions of the Chair if the Chair is absent or disabled, or in the instance of a vacancy in the Chair, each for a term of up to two years.’’ Sec. 7. Executive Order 13265 of June 6, 2002, as amended, is further amended as follows: VerDate Sep<11>2014 22:30 Oct 04, 2021 Jkt 256001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\05OCE0.SGM 05OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC10 55468 Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Presidential Documents (a) in section 2(a), by striking ‘‘develop a national strategy’’ and inserting in lieu thereof ‘‘continue to promulgate a national strategy (the National Youth Sports Strategy).’’ (b) in section 2, by striking the ‘‘and’’ at the end of subsection (a)(iii); striking the period at the end of subsection (a)(iv) and inserting in lieu thereof a semicolon; and inserting the following new subsections: ‘‘(v) expand national awareness of the importance of mental health as it pertains to physical fitness and nutrition; and (vi) share information about the positive effects of physical activity on mental health, particularly as it relates to children and adolescents, to combat the negative mental health impacts of the coronavirus disease 2019 (COVID–19) pandemic.’’ (c) in section 4, by inserting after subsection (c) the following new sub- section: ‘‘(d) The Council members shall function as liaisons and spokespersons on behalf of the Council to relevant State, local, and private entities, and share information about the work of the Council in order to advise the Secretary regarding opportunities to extend and improve physical activ- ity, fitness, sports, and nutrition programs and services at the State, local, and national levels.’’ Sec. 8. This order shall be effective September 30, 2021. THE WHITE HOUSE, September 30, 2021. [FR Doc. 2021–21908 Filed 10–4–21; 11:15 am] Billing code 3395–F2–P VerDate Sep<11>2014 22:30 Oct 04, 2021 Jkt 256001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\05OCE0.SGM 05OCE0 BIDEN.EPS</GPH> lotter on DSK11XQN23PROD with FR_PREZDOC10

Continuance or Reestablishment of Certain Federal Advisory Committees and Amendments to Other Executive Orders

2021-09-30T00:00:00

c314072345f24c82bb7d69c7309a8e02ab5076677c995b500448c137d7f018a3

Presidential Executive Order

2021-22588 (14049)

Presidential Documents 57313 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Presidential Documents Executive Order 14049 of October 11, 2021 White House Initiative on Advancing Educational Equity, Ex- cellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. The United States has a unique political and legal relation- ship with federally recognized Tribal Nations, as set forth in the Constitution of the United States, statutes, treaties, Executive Orders, and court decisions. The Federal Government is committed to protecting the rights and ensuring the well-being of Tribal Nations while respecting Tribal sovereignty and inherent rights of self-determination. In recognition of that commitment and to fulfill the solemn obligations it entails, executive departments and agencies (agencies) must help advance educational equity, excellence, and economic opportunity for Native American students, whether they attend public schools in urban, suburban, or rural communities; are homeschooled; attend primary and secondary schools operated or funded by the Bureau of Indian Education (BIE) of the Department of the Interior; or attend postsec- ondary educational institutions, including Tribal Colleges and Universities (TCUs). For more than a century, the United States imposed educational policies designed to assimilate Native peoples into predominant United States culture that devastated Native American students and their families. Beginning with the Indian Civilization Act of 1819, the United States enacted laws and implemented policies establishing and supporting Indian boarding schools across the Nation. From 1871 onward, federally run Indian boarding schools were used to culturally assimilate Native American children who were forc- ibly removed from their families and communities and relocated to distant residential facilities where their Native identities, languages, traditions, and beliefs were forcibly suppressed. The conditions in these schools were usu- ally harsh, and sometimes abusive and deadly. Although these policies have ended, their effects and resulting trauma reverberate in Native American communities even today, creating specific challenges that merit Federal atten- tion and response. During the global COVID–19 pandemic, Tribal Nations raced to protect Tribal members and their way of life. Tribal elders are often the keepers of Tribal culture and are critical for the preservation of Native languages, as the vitality of Native culture is inseparably tied to Native languages. Accordingly, my Administration is committed to supporting preservation and revitalization of Native languages. This includes honoring the vibrancy, importance, and strength of Native languages and the traditions, values, and cultural practices that accompany them. In addition, the COVID–19 pandemic has amplified long-standing educational inequities that disproportionally affect Native American communities and burden Native American students. In particular, Native American children face significant learning disruption as the digital divide and lack of edu- cational resources put remote learning out of reach for too many. Native American students experienced the greatest decline in undergraduate enroll- ment in higher education from 2020 to 2021 compared to other student groups. These inequities compound the effects of other disparities faced by Native American women and girls in particular. The spike in gender- VerDate Sep<11>2014 18:13 Oct 13, 2021 Jkt 256001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\14OCE0.SGM 14OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC7 57314 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Presidential Documents based violence during the COVID–19 pandemic has intensified safety con- cerns for Native American women and girls, who were already victimized at higher rates than other women in the United States. The Federal Government must put strong focus on early childhood and K–12 educational opportunities. These are important to developing and strengthening Native American communities, and they set the stage for edu- cational advancement and career development, including opportunities to attend TCUs. TCUs also merit focused attention, as these institutions are integral and essential to Tribal communities. Their foundation, tradition, and mission are unique, and their cultural grounding is invaluable to providing high- quality education and successful outcomes for Native American students. TCUs fulfill a vital role in maintaining and preserving irreplaceable Native languages and cultural traditions; in promoting excellence in Native Amer- ican education from early childhood through primary and secondary edu- cation, into postsecondary education, and throughout graduates’ careers; in offering an entry point for a career in academia, strong technical and trade school opportunities, job training, and other career-building programs to Native Americans; and in supporting Tribal economic development efforts by building and strengthening a highly skilled Native American workforce. Often, they are the only postsecondary institutions within some of our Nation’s most economically disadvantaged and rural areas. As a result, TCUs provide crucial employment opportunities and services in communities that continue to suffer high rates of unemployment and resulting social and economic distress. The Federal Government therefore reaffirms and strength- ens our commitment to Native American communities by investing in TCUs to support their continued growth and success. It is the policy of my Administration to advance equity, excellence, and justice in our Nation’s education system and to further Tribal self-governance, including by supporting activities that expand educational opportunities and improve educational outcomes for all Native American students. My Administration will help expand opportunities for Native American students to learn their Native languages, histories, and cultural practices; promote indigenous learning through the use of traditional ecological knowledge; and enhance access to complete and competitive educations that prepare Native American students for college, careers, and productive and satisfying lives. This includes supporting educational opportunities for students attend- ing TCUs, given the unique advantages those institutions provide. My Admin- istration is further committed to ensuring all Native American students have the ability to pursue careers that provide economic security for them- selves and their families, including Native American women, who currently, on average, earn just 60 cents to every dollar earned by White men. To these ends, my Administration will collaborate with Tribal Nations to collect better data on educational attainment gaps faced by Native American students to help deepen understanding of these gaps, including barriers to workforce participation, and inform solutions. Sec. 2. White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities. (a) To advance equity in our Nation’s schools, to promote the economic opportunity that follows it, and to fulfill our commitment to furthering Tribal sovereignty, there is established in the Department of Education the White House Initiative on Advancing Edu- cational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities (Initiative), of which the Secretary of Education, the Secretary of the Interior, and the Secretary of Labor shall serve as Co-Chairs. The Secretary of Education shall, in consultation with the other Co-Chairs of the Initiative, designate an Executive Director for the Initiative (Executive Director). The Executive Director shall co-chair the Education Committee of the White House Council on Native VerDate Sep<11>2014 18:13 Oct 13, 2021 Jkt 256001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\14OCE0.SGM 14OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC7 57315 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Presidential Documents American Affairs (WHCNAA), established by Executive Order 13647 of June 26, 2013 (Establishing the White House Council on Native American Affairs). (b) The Initiative shall consult and collaborate with Tribal Nations; Alaska Native Entities; TCUs; and State, Tribal, and local educational departments and agencies to advance educational equity, excellence, and economic oppor- tunity for Native Americans by focusing on the following policy goals: (i) increasing the understanding of systemic causes of educational chal- lenges faced by Native American students and working across agencies to address those challenges; (ii) supporting and improving data collection related to Native American students and the implementation of evidence-based strategies to increase the participation and success of Native American students in all levels of education and prepare them for careers and civic engagement; (iii) increasing the percentage of Native American children and families who participate in high-quality early childhood programs and services that promote healthy development and learning, prepare Native American children for success in school, and affirm the cultural and linguistic identity of Native American children; (iv) ensuring that all Native American students have access to excellent teachers, school leaders, and other professionals, including by supporting efforts to improve the recruitment, preparation, development, and retention of qualified, diverse teachers, school leaders, and other professionals who understand Native American students’ lived experiences and can effectively meet their students’ academic, social, and emotional needs, particularly in partnership with TCUs; (v) breaking down barriers that impede the access of higher education institutions that serve Native American students, such as TCUs, to Federal funding, and strengthening the capacity of those institutions to participate in Federal programs and partnerships; (vi) ensuring that the unique indigenous, cultural, educational, traditional ecological knowledge, and Native language needs of Native American stu- dents are met; (vii) exploring policies to expand and support career and technical edu- cation, job training, and other career-building programs for Native Amer- ican students and workers; and (viii) furthering Tribal sovereignty by supporting efforts to build the capac- ity of Tribal educational agencies and TCUs to provide high-quality edu- cation services to Native American students. (c) In working to fulfill its mission and objectives, the Initiative shall, consistent with applicable law: (i) engage in regular, meaningful, and robust consultation with Tribal Nations regarding Native American education and related issues, in accord- ance with the Presidential Memorandum of January 26, 2021 (Tribal Con- sultation and Strengthening Nation-to-Nation Relationships); (ii) identify and promote evidence-based best practices that can provide Native American students with a rigorous and well-rounded education in safe and healthy environments, as well as access to support services, that will improve their educational, professional, economic, and civic opportunities; (iii) advance and coordinate efforts to ensure equitable opportunities for Native American students in the wake of the COVID–19 pandemic, includ- ing recovering learning losses and addressing other challenges—academic, financial, social, emotional, mental health, or career development—brought on or exacerbated by the COVID–19 pandemic; (iv) encourage and develop Federal partnerships with public, private, phil- anthropic, and nonprofit entities to improve access to educational equity, excellence, and economic opportunity for Native Americans; VerDate Sep<11>2014 18:13 Oct 13, 2021 Jkt 256001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\14OCE0.SGM 14OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC7 57316 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Presidential Documents (v) monitor and support the development, implementation, and coordina- tion of Federal Government educational, workforce, research, and business development policies, programs, and technical assistance designed to im- prove outcomes for Native Americans; (vi) create opportunities for strategic partnerships among agencies and work closely with the Executive Office of the President on key Administra- tion priorities related to Native Americans; (vii) serve as a liaison with other agencies on Native American issues, advise those agencies on how they might help to promote Native American educational opportunities, and track their success in doing so; and (viii) advise the Co-Chairs of the Initiative on issues of importance and policies relating to educational equity, excellence, and economic oppor- tunity for Native American students. (d) To facilitate partnership among agencies to advance educational equity, excellence, and economic opportunity for Native American students, the Executive Director shall work with the Director of the BIE, the Commissioner of the Administration for Native Americans (ANA) of the Department of Health and Human Services, and the Director of the Indian Health Service (IHS) of the Department of Health and Human Services to develop a separate Memorandum of Agreement (MOA) between the Initiative and each of these entities that will take advantage of each agency’s expertise, resources, and facilities. Each MOA shall be completed within 180 days of the date of this order, and each shall address how the BIE, ANA, and IHS, respectively, will collaborate with the Initiative in carrying out the policy set forth in section 1 of this order, as appropriate and consistent with applicable law. (e) Each agency with representation on the WHCNAA Education Committee shall prepare a plan (Agency Plan) outlining measurable actions the agency will take to advance educational equity, excellence, and economic oppor- tunity for Native American communities, including the agency’s plans to implement the policy goals and directives outlined in subsection (b) of this section, and other relevant work, in consultation with the Executive Director. These Agency Plans shall be submitted to the Co-Chairs of the Initiative on a date the Co-Chairs shall establish. (i) Each agency with representation on the WHCNAA Education Committee shall assess and report to the Co-Chairs of the Initiative on a regular basis, as established by the Co-Chairs of the Initiative, regarding its progress in implementing its Agency Plan. (ii) The Initiative shall monitor and evaluate each agency’s progress towards the goals established in its Agency Plan and shall coordinate with the agency to ensure that its Agency Plan includes measurable and action- oriented goals. (f) The Department of Education shall provide funding and administrative support for the Initiative, to the extent permitted by law and subject to the availability of appropriations. (g) To further shared priorities and policies that advance educational equity, excellence, and economic opportunity for underserved communities, the Initiative shall collaborate and coordinate with other White House initia- tives related to educational equity, excellence, and economic opportunity. (h) The Initiative shall collaborate, as appropriate and consistent with applicable law, with other organizations and entities, including: Urban Indian Organizations; governing bodies of Tribal Nations on Federal and State res- ervations; State-recognized Tribes; Native Hawaiian and Native American Pacific Islander organizations; and other Native American groups that seek to advance educational equity, excellence, and economic opportunity for Native American students, families, and communities in the United States. (i) No later than 1 year after the date of this order and annually thereafter, the Co-Chairs of the Initiative shall report to the President on the Initiative’s progress in carrying out its mission and objectives under this order. VerDate Sep<11>2014 18:13 Oct 13, 2021 Jkt 256001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\14OCE0.SGM 14OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC7 57317 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Presidential Documents Sec. 3. National Advisory Council. The Department of Education’s National Advisory Council on Indian Education (NACIE), comprised of members ap- pointed by the President under section 6141 of the Elementary and Secondary Education Act of 1965 (ESEA), 20 U.S.C. 7471, shall serve as the advisory council for the Initiative and shall report to the Initiative, through and as requested by the Executive Director. To the extent appropriate and con- sistent with applicable law, the NACIE shall include members from across the education spectrum, including members who can provide specific exper- tise on issues concerning TCUs and other Native American-serving institu- tions, K–12 and early childhood education, special education, and vocational education. (a) In addition to and consistent with the duties set forth in section 6141(b)(1) of the ESEA, the NACIE shall, in consultation with the Initiative, advise the Co-Chairs of the Initiative on: (i) what is needed for the development, implementation, and coordination of educational programs and initiatives to improve educational opportuni- ties and outcomes for Native Americans; (ii) how to promote career pathways for in-demand jobs for Native Amer- ican students, including registered apprenticeships as well as internships, fellowships, mentorships, and work-based learning initiatives; (iii) ways to strengthen TCUs and increase their participation in agency programs; (iv) how to increase public awareness of and generate solutions for the educational and training challenges and equity disparities that Native American students face and the causes of these challenges and disparities; (v) approaches to establish local and national partnerships with public, private, philanthropic, and nonprofit stakeholders to advance the policy set forth in section 1 of this order, consistent with applicable law; and (vi) actions for promoting, improving, and expanding educational opportu- nities for Native languages, traditions, and practices to be sustained through culturally responsive education. (b) The NACIE and the Executive Director shall, as appropriate and con- sistent with applicable law, facilitate frequent collaborations between the Initiative and Tribal Nations, Alaska Native Entities, and other Tribal organi- zations. (c) The Executive Director shall, in consultation with the NACIE, address the NACIE’s efforts pursuant to subsection (a) of this section in the annual report of the Initiative submitted to the President. (d) The Department of Education shall provide staff support for the NACIE. Sec. 4. Administrative Provisions. (a) In carrying out this order, the Secretary of the Interior, the Secretary of Labor, and the Secretary of Education shall study, collect information, and publish reports on the education of Native American students. (b) This order supersedes Executive Order 13592 of December 2, 2011 (Improving American Indian and Alaska Native Educational Opportunities and Strengthening Tribal Colleges and Universities), which is revoked. To the extent that there are other Executive Orders that may conflict with or overlap with the provisions in this order, the provisions in this order shall supersede those other Executive Orders on these subjects. (c) The heads of agencies shall assist and provide information to the Initiative, consistent with applicable law, as may be necessary to carry out the functions of the Initiative. (d) Each agency shall bear its own expenses of participating in the Initiative. Sec. 5. Definitions. For the purposes of this order: (a) ‘‘Tribal Nation’’ means an American Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges as a federally recognized tribe pursuant to the Federally Recog- nized Indian Tribe List Act of 1994, 25 U.S.C. 5130, 5131. VerDate Sep<11>2014 18:13 Oct 13, 2021 Jkt 256001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\14OCE0.SGM 14OCE0 lotter on DSK11XQN23PROD with FR_PREZDOC7 57318 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Presidential Documents (b) ‘‘Alaska Native Entities’’ includes ‘‘Alaska Native Corporations,’’ which refer to village and regional Alaska Native corporations organized in accord- ance with the Alaska Native Claims Settlement Act (ANCSA), as amended, 43 U.S.C. 1601, et seq., and the 12 regional nonprofit associations identified under section 7 of ANCSA, 43 U.S.C. 1606, that provide many social services for Alaska Natives, including those related to education. (c) ‘‘Native American’’ and ‘‘Native’’ mean members of one or more Tribal Nations. (d) ‘‘Public school’’ means a Head Start center or a prekindergarten, elemen- tary, or secondary school that is predominantly funded through the Federal Government, a State, a local educational agency, a Tribal Nation government, or an Alaska Native Entity, including a school operated directly by, through a contract with, or a grant from the BIE, a Tribal Nation, or a State, county, or local government. (e) ‘‘Tribal Colleges and Universities’’ means those institutions that are chartered under the sovereign authority of their respective Tribal Nation or by the Federal Government and that: qualify for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978, 25 U.S.C. 1801, et seq., or the Navajo Community College Assistance Act of 1978, 25 U.S.C. 640a note; or are listed in section 532 of the Equity in Educational Land- Grant Status Act of 1994, 7 U.S.C. 301 note. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, October 11, 2021. [FR Doc. 2021–22588 Filed 10–13–21; 11:15 am] Billing code 3395–F2–P VerDate Sep<11>2014 18:13 Oct 13, 2021 Jkt 256001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\14OCE0.SGM 14OCE0 BIDEN.EPS</GPH> lotter on DSK11XQN23PROD with FR_PREZDOC7

White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities

2021-10-11T00:00:00

c46d869bdc4249cc00353951ad4a88c4281e2ed611700e4eca348494f8ab1287

Presidential Executive Order

2022-02027 (14062)

Presidential Documents 4763 Federal Register Vol. 87, No. 20 Monday, January 31, 2022 Title 3— The President Executive Order 14062 of January 26, 2022 2022 Amendments to the Manual for Courts-Martial, United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946a), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473 of April 13, 1984, as amended, it is hereby ordered as follows: Section 1. Parts II and IV of the Manual for Courts-Martial, United States, are amended as described in the Annex attached to and made a part of this order. Sec. 2. These amendments shall take effect as of the date of this order, subject to the following: (a) Nothing in these amendments shall be construed to make punishable any act done or omitted prior to the date of this order that was not punishable when done or omitted. (b) Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to the date of this order, and any such nonjudicial punishment, restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed. THE WHITE HOUSE, January 26, 2022. Billing code 3395–F2–P VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC 4764 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.011</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC ANNEX Section l• Part II of the Manual for Courts-Martial, United States, is amended as follows: (a) R.C.M. 916(e)(3) is amended to read as follows: "(3) Other assaults. It is a defense to any assault punishable under Article 89, 91, 128, or 128b and not listed in paragraphs (e)(l) or (2) of this rule that the accused: (A) Apprehended, upon reasonable grounds, that bodily harm was about to be inflicted wrongfully on the accused; and (B) Believed that the force that the accused used was necessary for protection against bodily harm, provided that the force used by the accused was less than force reasonably likely to produce death or grievous bodily harm." (b) R.C.M. 916(e)(5) is amended to read as follows: "( 5) Defense of another. The principles of self-defense under paragraphs ( e )(1) through ( 4) of this rule apply to defense of another. It is a defense to homicide, attempted homicide, assault with intent to kill, or any assault under Article 89, 91, 128, or 128b that the accused acted in defense of another, provided that the accused may not use more force than the person defended was lawfully entitled to use under the circumstances." Section 2. Part IV of the Manual for Courts-Martial, United States, is amended as follows: (a) A new paragraph 55a is inserted immediately after paragraph 55 to read as follows: "55a. Article 117a (10 U.S.C. 917a)-Wrongful broadcast or distribution of intimate visual images a. Text of statute. (a) PROHIBITION.-Any person subject to this chapter- (1) who knowingly and wrongfully broadcasts or distributes an intimate visual 1 4765 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.012</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC image of another person or a visual image of sexually explicit conduct involving a person who- (A) is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created; (B) is identifiable from the intimate visual image or visual image of sexually explicit conduct itself, or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and (C) does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct; (2) who knows or reasonably should have known that the intimate visual image or visual image of sexually explicit conduct was made under circumstances in which the person depicted in the intimate visual image or visual image of sexually explicit conduct retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct; (3) who knows or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct is likely- (A) to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or (B) to harm substantially the depicted person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships; and (4) whose conduct, under the circumstances, had a reasonably direct and palpable 2 4766 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.013</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC connection to a military mission or military environment, is guilty of wrongful distribution of intimate visual images or visual images of sexually explicit conduct and shall be punished as a court-martial may direct. (b) DEFINITIONS.-ln this section: (1) BROADCAST.-The term "broadcast" means to electronically transmit a visual image with the intent that it be viewed by a person or persons. (2) DISTRIBUTE.-The term "distribute" means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means. (3) INTIMATE VISUAL IMAGE.-The term "intimate visual image" means a visual image that depicts a private area of a person. (4) PRIVATE AREA.-The term "private area" means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple. (5) REASONABLE EXPECTATION OF Pruv ACY.-The term "reasonable expectation of privacy" means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving the person, would not be visible to the public. (6) SEXUALLY EXPLICIT CONDUCT.-The term "sexually explicit conduct" means actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse. (7) VISUAL IMAGE.-The term "visual image" means the following: (A) Any developed or undeveloped photograph, picture, film, or video. 3 4767 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.014</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC (B) Any digital or computer image, picture, film, or video made by any means, including those transmitted by any means, including streaming media, even if not stored in a permanent format. (C) Any digital or electronic data capable of conversion into a visual image. b. Elements. (1) That the accused knowingly and wrongfully broadcasted or distributed a visual image; (2) That the visual image is an intimate visual image of another person or a visual image of sexually explicit conduct involving another person; (3) That the person depicted in the intimate visual image or visual image of sexually explicit conduct- ( a) is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created; (b) is identifiable from the intimate visual image or visual image of sexually explicit conduct itself or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and ( c) does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct; ( 4) That the accused knew or reasonably should have known that the intimate visual image or visual image of sexually explicit conduct was made under circumstances in which the person depicted retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct; (5) That the accused knew or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct was likely 4 4768 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.015</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC to-- (a) cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or (b) harm substantially the depicted person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships; and (6) That the conduct of the accused, under the circumstances, had a reasonably direct and palpable connection to a military mission or military environment. c. Explanation. See Paragraph 55a.a.(b) for definitions. (1) Wrongful. Wrongful means without legal justification or excuse. This paragraph shall not apply in the case of a visual image the disclosure of which is in the bona fide public interest. For example, this paragraph does not prohibit any lawful law enforcement, correctional, or intelligence activity; shall not apply to the reporting of unlawful activity; and shall not apply to a subpoena or court order for use in a legal proceeding. (2) Reasonable Expectation of Privacy. A reasonable expectation of privacy is determined based on the totality of the circumstances. (3) A reasonably direct and palpable connection to a military mission or military environment. The connection between the conduct and a military mission or military environment is contextually oriented and cannot be evidenced by conduct that is connected only in a remote or indirect sense. To constitute an offense under the UCMJ, the conduct must have a measurably divisive effect on unit or organization discipline, morale, or cohesion, or must be clearly detrimental to the authority or stature of or respect toward a Servicemember. d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. 5 4769 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.016</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC e. Sample specification. In that ____ (personal jurisdiction data), did ( at/on board-location), on or about __ 20 _, knowingly and wrongfully [(distribute) (broadcast)] [(an intimate visual image of ---~ ( a visual image of sexually explicit conduct involving --~], a person who was at least 18 years of age when the image was created, is identifiable from ( the image itself) (information conveyed in connection with the image), and did not explicitly consent to the (broadcast) (distribution) of the image, when the accused (knew) (reasonably should have known) the image was made under circumstances in which retained a reasonable ----- expectation of privacy regarding any (broadcast) (distribution) of the image, and where the accused (knew) (reasonably should have known) that the (broadcast) (distribution) of the image was likely to [cause (harm) (harassment) (intimidation) (emotional distress) (financial loss), to wit: ____ ] [harm substantially the (health) (safety) (business) ( calling) (career) ( financial condition) (reputation) (personal relationships), to wit: ______ ] and that, under the circumstances, such conduct had a reasonably direct and palpable connection to a (military mission) (military environment)." (b) Paragraph 77, subparagraph a. is amended to read as follows: "a Text of statute. (a) ASSAULT.-Any person subject to this chapter who, unlawfully and with force or violence- (1) attempts to do bodily harm to another person; (2) offers to do bodily harm to another person; or (3) does bodily harm to another person; is guilty of assault and shall be punished as a court-martial may direct. 6 4770 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.017</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC (b) AGGRAVATED ASSAULT.-Any person subject to this chapter- (1) who, with the intent to do bodily harm, offers to do bodily harm with a dangerous weapon; (2) who, in committing an assault, inflicts substantial bodily harm or grievous bodily harm on another person; or (3) who commits an assault by strangulation or suffocation; is guilty of aggravated assault and shall be punished as a court-martial may direct. (c) ASSAULT WITH INTENT TO COMMIT SPECIFIED OFFENSES.- (1) IN GENERAL.-Any person subject to this chapter who commits assault with intent to commit an offense specified in paragraph (2) shall be punished as a court-martial may direct. (2) OFFENSES SPECIFIED.-The offenses referred to in paragraph (1) are murder, voluntary manslaughter, rape, sexual assault, rape of a child, sexual assault of a child, robbery, arson, burglary, and kidnapping." (c) Paragraph 77, subparagraph b.(3)(c) is amended to read as follows: "( c) Assault consummated by a battery upon a child under 16 years. (i) That the accused did bodily harm to a certain person; (ii) That the bodily harm was done unlawfully; (iii) That the bodily harm was done with force or violence; and (iv) That the person was then a child under the age of 16 years." (d) Paragraph 77, subparagraph b.(4)(a) is amended to read as follows: "(a) Assault with a dangerous weapon. (i) That the accused offered to do bodily harm to a certain person; 7 4771 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.018</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC (ii) The offer was made with the intent to do bodily harm; and (iii) That the accused did so with a dangerous weapon. [Note: Add any of the following elements as applicable:] (iv) That the dangerous weapon was a loaded firearm. (v) That the person was a child under the age of 16 years." (e) Paragraph 77, subparagraph b.(4)(b) is amended to read as follows: "(b) Assault in which substantial bodily harm is inflicted. (i) That the accused assaulted a certain person; and (ii) That substantial bodily harm was thereby inflicted upon such person. [Note: Add any of the following elements as applicable:] (iii) That the injury was inflicted with a loaded firearm. (iv) That the person was a child under the age of 16 years." (t) Paragraph 77, subparagraph b.(4)(c) is amended to read as follows: "( c) Assault in which grievous bodily harm is inflicted. (i) That the accused assaulted a certain person; and (ii) That grievous bodily harm was thereby inflicted upon such person. [Note: Add any of the following elements as applicable:] (iii) That the injury was inflicted with a loaded firearm. (iv) That the person was a child under the age of 16 years." (g) Paragraph 77, subparagraph b.(4) is amended by inserting a new subparagraph (d) immediately after subparagraph (c) to read as follows: "( d) Aggravated Assault by strangulation or suffocation. (i) That the accused assaulted a certain person; 8 4772 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.019</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC (ii) That the accused did so by strangulation or suffocation; (iii) That the strangulation or suffocation was done with unlawful force or violence; [Note: Add the following as applicable] (iv) That the person was a child under the age of 16 years." (h) Paragraph 77, subparagraph c.(4)(d) is deleted. (i) Paragraph 77, subparagraph c.(5)(a)(vi) is deleted. G) Paragraph 77, subparagraph c.(5)(b)(iii) is deleted. (k) Paragraph 77, subparagraph c.(5) is amended by inserting a new subparagraph (c) immediately after subparagraph (b) to read as follows: "( c) Aggravated Assault by strangulation or suffocation. (i) In general. Assault by strangulation or suffocation is an assault committed intentionally, knowingly, or recklessly, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim. (ii) Assault. See paragraph 77.c.(2)(a). (iii) Strangulation. Intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim. (iv) Suffocation. Intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim. 9 4773 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.020</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC (v) When committed upon a child under 16 years of age. The maximum punishment is increased when aggravated assault by strangulation or suffocation is inflicted upon a child under 16 years of age. Knowledge that the person assaulted was under the age of 16 years is not an element of the offense." (I) Paragraph 77.d. is amended to read as follows: "d. Maximum punishment. (1) Simple assault. (a) Generally. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months. (b) When committed with an unloaded firearm. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. (2) Battery. (a) Assault consummated by a battery. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. (b) Assault consummated by a battery upon a child under 16 years. See paragraph 77.d.(3)(e). (3) Assaults permitting increased punishments based upon status of victim. (a) Assault upon a commissioned officer of the armed forces of the United States or of a friendly foreign power, not in the execution of office. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. (b) Assault upon a warrant officer, not in the execution of office. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months. ( c) Assault upon a noncommissioned or petty officer, not in the execution of office. Bad- 10 4774 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.021</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. (d) Assault upon a sentinel or lookout in the execution of duty, or upon any person who, in the execution of office, is performing security police, military police, shore patrol, master at arms, or other military or civilian law enforcement duties. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. ( e) Assault consummated by a battery upon a child under 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. ( 4) Aggravated assault. (a) Aggravated assault with a dangerous weapon. (i) When committed with a loaded firearm. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years. (ii) When committed upon a child under the age of 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. (iii) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. (b) Aggravated assault in which substantial bodily harm is iriflicted. (i) When the injury is inflicted with a loaded firearm. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years. (ii) When the injury is iriflicted upon a child under the age of 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 6 years. (iii) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. ( c) Aggravated assault in which grievous bodily harm is inflicted. 11 4775 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.022</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC (i) When the injury is inflicted with a loaded firearm. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. (ii) When the injury is inflicted upon a child under the age of 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years. (iii) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. ( d) Aggravated Assault by strangulation or suffocation. (i) Aggravated assault by strangulation or suffocation when committed upon a child under the age of 16 years. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 8 years. (ii) Other cases. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 5 years. (5) Assault with intent to commit specified offenses. (a) Assault with intent to commit murder, rape, or rape of a child. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 20 years. (b) Assault with intent to commit voluntary manslaughter, robbery, arson, burglary, and kidnapping. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years." (m) Paragraph 77, subparagraphs e.(7)-(11) are amended to read as follows: "(7) Assault consummated by a battery upon a child under 16 years. In that ____ (personal jurisdiction data), did, (at/on board-location) (subject-matter jurisdiction data, if required), on or about __ 20 _, unlawfully (strike)( ___ ) ___ _ (a child under the age of 16 years) (in) (on) the __ with ____ _ 12 4776 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.023</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC (8) Assault, aggravated-with a dangerous weapon. In that ____ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about __ 20 _, with the intent to inflict bodily harm, commit an assault upon ____ ( a child under the age of 16 years) by ( shooting) (pointing) (striking) (cutting)(_) (at (him) (her)) with a dangerous weapon, to wit: a (loaded firearm) (pickax) (bayonet) (club) ( ). (9) Assault, aggravated-inflicting substantial bodily harm. In that ____ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about __ 20 _, commit an assault upon __ (a child under the age of 16 years) by (shooting) (striking) (cutting)(_) (him) (her) (on) the __ with a (loaded firearm) (club) (rock) (brick) ( ) and did thereby inflict substantial bodily harm upon (him) (her), to wit: (severe bruising of the face) (head concussion) (temporary blindness) ( ). (10) Assault, aggravated-inflicting grievous bodily harm. In that ____ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about __ 20 _, commit an assault upon __ (a child under the age of 16 years) by (shooting) (striking) (cutting)(_) (him) (her) (on) the __ with a (loaded firearm) (club) (rock) (brick) ( ) and did thereby inflict grievous bodily harm upon (him) (her), to wit: a (broken leg) (deep cut) (fractured skull)(~---~)- (11) Assault, aggravated-by strangulation or suffocation. In that ____ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about __ 20 _, commit an assault upon ____ ( a child under the age of 16 years) by unlawfully (strangling) (suffocating) (him) (her) (with/by 13 4777 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.024</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC (n) Paragraph 77 is amended by inserting a new subparagraph e.(12) immediately after subparagraph e.(11) to read as follows: "(12) Assault with intent to commit specified offenses. In that _____ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about __ 20 _, with intent to commit (murder) (voluntary manslaughter) (rape) (rape ofa child) (sexual assault) (sexual assault ofa child) (robbery) (arson) (burglary) (kidnapping), assault _____ by (striking at (him) (her) with a----~ (~---~)-" (o) A new paragraph 78a is inserted immediately after paragraph 78 to read as follows: "78a. Article 128b (10 U.S.C. 928b)- Domestic Violence a. Text of statute. Any person who- (1) commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person; (2) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person- (A) commits an offense under this chapter against any person; or (B) commits an offense under this chapter against any property, including an animal; (3) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; (4) with intent to commit a violent offense against a spouse, an intimate partner, or 14 4778 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00016 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.025</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC an immediate family member of that person, violates a protection order; or (5) assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating; shall be punished as a court-martial may direct. b. Elements. (1) Commission of a violent offense against a spouse, intimate partner, or immediate family member of that person. (a) That the accused committed a violent offense; and (b) That the violent offense was committed against a spouse, intimate partner, or immediate family member of the accused. [Note: Add the following as applicable] ( c) That the immediate family member was a child under the age of 16 years. (2) Commission of a violation of the UCMJ against any person with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person. (a) That the accused committed an act in violation of the UCMJ; (b) That the accused committed the act against any person; and ( c) That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused. (3) Commission of a violation of the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, intimate partner, or an immediate family member of that person. (a) That the accused committed an act in violation of the UCMJ; (b) That the accused committed the act against any property, including an animal; and 15 4779 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00017 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.026</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC ( c) That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused. ( 4) Violation of a protection order with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person. (a) That a lawful protection order was in place; (b) That the accused committed an act in violation of that lawful protection order; and ( c) That the accused committed the act with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of the accused. (5) Violation of a protection order with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person. (a) That a lawful protection order was in place; (b) That the accused committed an act in violation of that lawful protection order; and ( c) That the accused committed the act with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of the accused. ( 6) Assaulting a spouse, an intimate partner, or an immediate family member of that person by strangulation or suffocation. (a) That the accused assaulted a spouse, an intimate partner, or an immediate family member of the accused; (b) That the accused did so by strangulation or suffocation; and ( c) That the strangulation or suffocation was done with unlawful force or violence; [Note: Add the following as applicable] (d) That the person was a child under the age of 16 years." c. Explanation. 16 4780 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00018 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.027</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC (l) Violent Offense. The term "violent offense" means a violation of the following: (a) 10 U.S.C. § 918 (article 118) (b) 10 U.S.C. § 919(a) (article 119(a)) (c) 10 U.S.C. § 919a (article 119a) (d) 10 U.S.C. § 920 (article 120) (e) 10 U.S.C. § 920b (article 120b) (t) 10 U.S.C. § 922 (article 122) (g) 10 U.S.C. § 925 (article 125) (h) 10 U.S.C. § 926 (article 126) (i) 10 U.S.C. § 928 (article 128) G) 10 U.S.C. § 928a (article 128a) (k) 10 U.S.C. § 930 (article 130) (1) Any other offense that has an element that includes the use, attempted use, or threatened use of physical force against the person or property of another. (2) Spouse. The term "spouse" means one's husband or wife by lawful marriage. (3) Intimate partner. The term "intimate partner" means- (a) one's former spouse, a person with whom one shares a child in common, or a person with whom one cohabits or with whom one has cohabited as a spouse; or (b) a person with whom one has been in a social relationship of a romantic or intimate nature, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. ( 4) Immediate family. The term "immediate family" means- ( a) one's spouse, parent, brother or sister, child, or other person to whom he or she stands 17 4781 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00019 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.028</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC in loco parentis; or (b) any other person living in one's household to whom he or she is related by blood or marriage. (5) Strangulation. The term "strangulation" has the same meaning ascribed to that term in subparagraph 77 .c.( 5)( c )(iii). (6) Suffocation. The term "suffocation" has the same meaning ascribed to that term in subparagraph 77.c.(5)(c)(iv). (7) Protection order. The term "protection order" means- ( a) a military protective order enforceable under 10 U.S.C. § 892 (article 92); or (b) a protection order, as defined in 18 U.S.C. § 2266 and, if issued by a State, tribal, or territorial court, is in accordance with the standards specified in 18 U.S.C. § 2265. (8) Mandatory Minimum Punishments. In accordance with 10 U.S.C. § 856 (article 56), for a conviction of an offense under this paragraph, mandatory minimum punishment provisions shall not apply. d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement as follows: (1) Commission of a violent offense against a spouse, an intimate partner, or an immediate family member of that person. Any person subject to the UCMJ who is found guilty of violating Article 128b by committing a violent offense against a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years of confinement except for those violent offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life. 18 4782 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00020 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.029</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC (2) Commission of a violation of the UCMJ against any person with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person. Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life. (3) Commission of a violation of the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, intimate partner, or an immediate family member of that person. Any person subject to the UCMJ who is found guilty of violating Article 128b by committing an offense punishable under the UCMJ against any property, including an animal, with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person shall be subject to the same maximum period of confinement authorized for the commission of the underlying offense plus an additional 3 years, with the exception of those offenses for which the maximum punishment includes death, confinement for life without eligibility for parole, or confinement for life. ( 4) Violation of a protection order with the intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person. Confinement for 3 years. (5) Violation of a protection order with the intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person. Confinement for 5 years. ( 6) Assaulting a spouse, an intimate partner, or an immediate family member of that 19 4783 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00021 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.030</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC person by strangulation or suffocation. (a) Aggravated assault by strangulation or suffocation when committed upon a child under the age of 16 years. Confinement for 11 years. (b) Other cases. Confinement for 8 years. e. Sample Specifications. (1) In that ____ (personaljurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about __ 20 _, commit a violent offense against -----, the (spouse) (intimate partner) (immediate family member) (immediate family member under the age of 16 years) of the accused, to wit: ( describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense). (2) In that ____ (personal jurisdiction data), did, ( at/on board-location) ( subject matter jurisdiction data, if required), on or about __ 20 _, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against ( any person) ( a child under the age of 16 years), to wit: ( describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense). (3) In that ____ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about __ 20 _, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, commit an offense in violation of the UCMJ against any property, to wit: (describe offense with sufficient detail to include expressly or by necessary implication every element and any applicable sentence enhancer from the underlying offense). 20 4784 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00022 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.031</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC (4) In that ____ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about __ 20 _, with the intent to (threaten) (intimidate) the (spouse) (intimate partner) (immediate family member) of the accused, wrongfully violate a protection order by ________ _ (5) In that ____ (personal jurisdiction data), did, (at/on board-location) (subject matter jurisdiction data, if required), on or about __ 20 _, violate a protection order, to wit: _______ , with the intent to commit a violent offense, to wit: ( describe offense with sufficient detail to include expressly or by necessary implication every element), against the (spouse) (intimate partner) (immediate family member) of the accused. (6) In that (personal jurisdiction data), did, (at/on board-location) (subject ----- matter jurisdiction data, if required), on or about __ 20 _, commit an assault upon _____ , the (spouse) (intimate partner) (immediate family member) (immediate family member under the age of 16 years) of the accused, by unlawfully (strangling) (suffocating) him/her (with/by---~ " (p) A new paragraph 107a is inserted immediately after paragraph 107 to read as follows: "107a. Article 134-(Sexual Harassment) a. Text of statute. See paragraph 91. b. Elements. (1) That the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature; (2) That such conduct was unwelcome; (3) That, under the circumstances, such conduct: (a) Would cause a reasonable person to believe, and a certain person did believe, that 21 4785 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00023 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.032</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person's job, pay, career, benefits, or entitlements; (b) Would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person's job, pay, career, benefits, or entitlements; or ( c) Was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and (4) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. c. Explanation. (1) Whether "other conduct" is "of a sexual nature" is dependent upon the circumstances of the act or acts alleged and may include conduct that, without context, would not appear to be sexual in nature. (2) Nature of victim. "A certain person" extends to any person, regardless of gender or seniority, and regardless of whether subject to the UCMJ, who by some duty or military-related reason may work or associate with the accused. (3) Timing and location of act. The act constituting sexual harassment can occur at any location, regardless of whether the victim or accused is on or off duty at the time of the alleged act or acts. Physical proximity is not required, and the acts may be committed through online or other electronic means. (4) Mens Rea. The accused must have actual knowledge that he or she is making a sexual 22 4786 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Presidential Documents [FR Doc. 2022–02027 Filed 1–28–22; 8:45 am] Billing code 5001–06–C VerDate Sep<11>2014 15:49 Jan 28, 2022 Jkt 256001 PO 00000 Frm 00024 Fmt 4705 Sfmt 4790 E:\FR\FM\31JAE0.SGM 31JAE0 ED31JA22.033</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC advance or a demand or request for sexual favors, or engaging in other conduct of a sexual nature. Actual knowledge is not required for the other elements of the offense. (5) A certain person's belief or perception. For purposes of the portions of the elements dealing with a certain person's belief or perception, that belief or perception may be satisfied by such a belief or perception being formed at any time; the belief or perception need not be formed contemporaneously with the actions that gave rise to that belief or perception. d. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. e. Sample specification. In that ____ (personal jurisdiction data), did, (at/on board-location) (subject-matter jurisdiction data, if required), on or about __ 20 _, knowingly (make sexual advances) ( demand or request sexual favors) ( engage in conduct of a sexual nature), to wit (by saying to (him) (her)," ____ ," or words to that effect) (by ____ ~; that such conduct was unwelcome; and under the circumstances (would cause a reasonable person to believe, and ____ did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person's job, pay, career, benefits or entitlements) (would cause a reasonable person to believe, and ____ did believe, that submission to, or rejection of, such conduct would be used as a basis for career or employment decisions affecting ----~ (was so severe, repetitive, or pervasive that a reasonable person would perceive, and ----- did perceive, an intimidating, hostile, or offensive working environment); and that such conduct was (to the prejudice of good order and discipline in the armed forces) ( of a nature to bring discredit upon the armed forces) (to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces)." 23

2022 Amendments to the Manual for Courts-Martial, United States

2022-01-26T00:00:00

4c4d6e0d4b38bc48cb90aeea3e477054aaa44d6258352488e8c2e217e7f17323

Presidential Executive Order

2021-20629 (14047)

Presidential Documents 52591 Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Presidential Documents Executive Order 14047 of September 17, 2021 Adding Measles to the List of Quarantinable Communicable Diseases By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 264(b) of title 42, United States Code, it is hereby ordered as follows: Section 1. Amendment to Executive Order 13295. Based upon the rec- ommendation of the Secretary of Health and Human Services, in consultation with the Surgeon General, and for the purposes set forth in section 1 of Executive Order 13295 of April 4, 2003 (Revised List of Quarantinable Communicable Diseases), section 1 of Executive Order 13295, as amended by Executive Order 13375 of April 1, 2005 (Amendment to Executive Order 13295 Relating to Certain Influenza Viruses and Quarantinable Communicable Diseases), and Executive Order 13674 of July 31, 2014 (Revised List of Quarantinable Communicable Diseases), shall be further amended by adding ‘‘Measles’’ to the existing list after ‘‘infectious Tuberculosis.’’ Sec. 2. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:38 Sep 21, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\22SEE0.SGM 22SEE0 52592 Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Presidential Documents (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, September 17, 2021. [FR Doc. 2021–20629 Filed 9–21–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:38 Sep 21, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\22SEE0.SGM 22SEE0 BIDEN.EPS</GPH>

Adding Measles to the List of Quarantinable Communicable Diseases

2021-09-17T00:00:00

b984a71ef5a70d35eebe41738784539084b46ff80acd7d4313c08dd071e3c988

Presidential Executive Order

2021-20508 (14046)

Presidential Documents 52389 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Presidential Documents Executive Order 14046 of September 17, 2021 Imposing Sanctions on Certain Persons With Respect to the Humanitarian and Human Rights Crisis in Ethiopia By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), sections 212(f) and 215(a) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f) and 1185(a)), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, find that the situation in and in relation to northern Ethiopia, which has been marked by activities that threaten the peace, security, and stability of Ethiopia and the greater Horn of Africa region—in particular, widespread violence, atrocities, and serious human rights abuse, including those involving ethnic- based violence, rape and other forms of gender-based violence, and obstruc- tion of humanitarian operations—constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States. I hereby declare a national emergency to deal with that threat. The widespread humanitarian crisis precipitated by the violent conflict in northern Ethiopia has left millions of people in need of humanitarian assist- ance and has placed an entire region on the brink of famine. While maintain- ing pressure on those persons responsible for the crisis, the United States will seek to ensure that appropriate personal remittances to non-blocked persons and humanitarian assistance to at-risk populations can flow to Ethi- opia and the greater Horn of Africa region through legitimate and transparent channels, including governments, international organizations, and non-profit organizations. The United States supports ongoing international efforts to promote a negotiated ceasefire and political resolution of this crisis, to ensure the withdrawal of Eritrean forces from Ethiopia, and to promote the unity, territorial integrity, and stability of Ethiopia. Accordingly, I hereby order: Section 1. The Secretary of the Treasury is authorized to impose any of the sanctions described in section 2(a) of this order on any foreign person determined by the Secretary of the Treasury, in consultation with the Sec- retary of State: (a) to be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, any of the following: (i) actions or policies that threaten the peace, security, or stability of Ethiopia, or that have the purpose or effect of expanding or extending the crisis in northern Ethiopia or obstructing a ceasefire or a peace process; (ii) corruption or serious human rights abuse in or with respect to northern Ethiopia; (iii) the obstruction of the delivery or distribution of, or access to, humani- tarian assistance in or with respect to northern Ethiopia, including attacks on humanitarian aid personnel or humanitarian projects; (iv) the targeting of civilians through the commission of acts of violence in or with respect to northern Ethiopia, including involving abduction, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or any conduct that would constitute a violation of international humanitarian law; VerDate Sep<11>2014 16:25 Sep 20, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\21SEE0.SGM 21SEE0 lotter on DSK11XQN23PROD with FR_PREZDOC3 52390 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Presidential Documents (v) planning, directing, or committing attacks in or with respect to northern Ethiopia against United Nations or associated personnel or African Union or associated personnel; (vi) actions or policies that undermine democratic processes or institutions in Ethiopia; or (vii) actions or policies that undermine the territorial integrity of Ethiopia; (b) to be a military or security force that operates or has operated in northern Ethiopia on or after November 1, 2020; (c) to be an entity, including any government entity or a political party, that has engaged in, or whose members have engaged in, activities that have contributed to the crisis in northern Ethiopia or have obstructed a ceasefire or peace process to resolve such crisis; (d) to be a political subdivision, agency, or instrumentality of the Govern- ment of Ethiopia, the Government of Eritrea or its ruling People’s Front for Democracy and Justice, the Tigray People’s Liberation Front, the Amhara regional government, or the Amhara regional or irregular forces; (e) to be a spouse or adult child of any sanctioned person; (f) to be or have been a leader, official, senior executive officer, or member of the board of directors of any of the following, where the leader, official, senior executive officer, or director is responsible for or complicit in, or who has directly or indirectly engaged or attempted to engage in, any activity contributing to the crisis in northern Ethiopia: (i) an entity, including a government entity or a military or security force, operating in northern Ethiopia during the tenure of the leader, official, senior executive officer, or director; (ii) an entity that has, or whose members have, engaged in any activity contributing to the crisis in northern Ethiopia or obstructing a ceasefire or a peace process to resolve such crisis during the tenure of the leader, official, senior executive officer, or director; or (iii) the Government of Ethiopia, the Government of Eritrea or its ruling People’s Front for Democracy and Justice, the Tigray People’s Liberation Front, the Amhara regional government, or the Amhara regional or irregular forces, on or after November 1, 2020; (g) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any sanctioned person; or (h) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any sanctioned person. Sec. 2. (a) When the Secretary of the Treasury, in consultation with the Secretary of State, has determined that a foreign person meets any of the criteria described in section 1(a)–(h) of this order, the Secretary of the Treasury is authorized to select, in consultation with the Secretary of State, one or more of the sanctions set forth in subsections (a)(i)(A)–(E) or (a)(ii)(A)– (B) of this section to impose on that foreign person: (i) the Secretary of the Treasury shall take the following actions as necessary to implement the selected sanctions: (A) block all property and interests in property of the sanctioned person that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, and provide that such property and interests in property may not be transferred, paid, exported, withdrawn, or otherwise dealt in; (B) prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the sanctioned person; (C) prohibit any United States financial institution from making loans or providing credit to the sanctioned person; VerDate Sep<11>2014 16:25 Sep 20, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\21SEE0.SGM 21SEE0 lotter on DSK11XQN23PROD with FR_PREZDOC3 52391 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Presidential Documents (D) prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest; or (E) impose on the leader, official, senior executive officer, or director of the sanctioned person, or on persons performing similar functions and with similar authorities as such leader, official, senior executive officer, or director, any of the sanctions described in subsections (a)(i)(A)–(D) of this section that are applicable. (ii) the heads of the relevant executive departments and agencies, in consultation with the Secretary of the Treasury, shall take the following actions as necessary and appropriate to implement the sanctions selected by the Secretary of the Treasury: (A) actions required to deny any specific license, grant, or any other specific permission or authority under any statute or regulation that re- quires the prior review and approval of the United States Government as a condition for the export or reexport of goods or technology to the sanctioned person; or (B) actions required to deny a visa to and exclude from the United States any noncitizen whom the Secretary of the Treasury, in consultation with the Secretary of State, determines is a leader, official, senior executive officer, or director, or a shareholder with a controlling interest in, the sanctioned person. (b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. No entity shall be blocked pursuant to this order solely because it is owned in whole or in part, directly or indirectly, by one or more sanctioned persons, unless the entity is itself a sanctioned person and the sanctions in section 2(a)(i)(A) of this order are imposed on the entity. Sec. 3. The prohibitions in section 2(a) of this order include: (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 4. (a) The unrestricted immigrant and nonimmigrant entry into the United States of noncitizens determined to meet one or more of the criteria in section l of this order, and for whom the sanctions described in section 2(a)(i)(A) or section 2(a)(ii)(B) of this order have been selected, would be detrimental to the interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is hereby suspended, except when the Secretary of State or the Secretary of Homeland Security, as appropriate, determines that the person’s entry would not be contrary to the interests of the United States, including when the Secretary of State or the Secretary of Homeland Security, as appropriate, so determines, based on a recommendation of the Attorney General, that the person’s entry would further important United States law enforcement objectives. (b) The Secretary of State shall implement this order as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. (c) The Secretary of Homeland Security shall implement this order as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish. (d) Such persons shall be treated by this section in the same manner as persons covered by section 1 of Proclamation 8693 of July 24, 2011 VerDate Sep<11>2014 16:25 Sep 20, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\21SEE0.SGM 21SEE0 lotter on DSK11XQN23PROD with FR_PREZDOC3 52392 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Presidential Documents (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibi- tions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 6. I hereby determine that the making of donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by section 2 of this order. Sec. 7. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘Government of Ethiopia’’ means the Government of Ethiopia, any political subdivision, agency, or instrumentality thereof, including the National Bank of Ethiopia, and any person owned, controlled, or directed by, or acting for or on behalf of, the Government of Ethiopia; (c) the term ‘‘Government of Eritrea’’ means the Government of Eritrea, any political subdivision, agency, or instrumentality thereof, including the Bank of Eritrea, and any person owned, controlled, or directed by, or acting for or on behalf of, the Government of Eritrea; (d) the term ‘‘noncitizen’’ means any person who is not a citizen or noncitizen national of the United States; (e) the term ‘‘person’’ means an individual or entity; (f) the term ‘‘sanctioned person’’ means a foreign person that the Secretary of the Treasury, in consultation with the Secretary of State, has determined meets any of the criteria described in section 1 of this order and has selected, in consultation with the Secretary of State, one or more of the sanctions set forth in section 2(a) of this order to impose on that foreign person; and (g) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 8. For those persons whose property and interests in property are blocked or affected by this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds and other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 9. The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All executive departments and agencies of the United States shall take all appropriate measures within their authority to implement this order. Sec. 10. Nothing in this order shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, and contractors thereof. Sec. 11. The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to submit recurring and final reports to the Congress VerDate Sep<11>2014 16:25 Sep 20, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\21SEE0.SGM 21SEE0 lotter on DSK11XQN23PROD with FR_PREZDOC3 52393 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Presidential Documents on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 12. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, September 17, 2021. [FR Doc. 2021–20508 Filed 9–20–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:25 Sep 20, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\21SEE0.SGM 21SEE0 BIDEN.EPS</GPH> lotter on DSK11XQN23PROD with FR_PREZDOC3

Imposing Sanctions on Certain Persons With Respect to the Humanitarian and Human Rights Crisis in Ethiopia

2021-09-17T00:00:00

44560e9f4483f429ab5c9166a9aec19879a9846e6e6ee4b6a2bfdd8f8bc4f0e8

Presidential Executive Order

2021-20164 (14044)

Presidential Documents 51579 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Presidential Documents Executive Order 14044 of September 13, 2021 Amending Executive Order 14007 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to expand the President’s Council of Advisors on Science and Technology, it is hereby ordered as follows: Section 1. Amendment to Executive Order 14007. The first sentence of section 2(b) of Executive Order 14007 of January 27, 2021 (President’s Council of Advisors on Science and Technology), is hereby amended to read as follows: ‘‘(b) The PCAST shall be composed of not more than 32 members.’’. Sec. 2. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, September 13, 2021. [FR Doc. 2021–20164 Filed 9–15–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 17:09 Sep 15, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\16SEE0.SGM 16SEE0 BIDEN.EPS</GPH>

Amending Executive Order 14007

2021-09-13T00:00:00

b300ff49477b42db106a4b950f185467cb1ad083e78136b75470615def6e29ce

Presidential Executive Order

2021-20165 (14045)

Presidential Documents 51581 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Presidential Documents Executive Order 14045 of September 13, 2021 White House Initiative on Advancing Educational Equity, Ex- cellence, and Economic Opportunity for Hispanics By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Nearly 14 million students in our Nation’s public elemen- tary and secondary school system and nearly 4 million students in post- secondary education are Hispanic. Hispanic students constitute more than 27 percent of all pre-kindergarten through 12th grade students and nearly 20 percent of college students. The Nation’s future prosperity and global leadership across industries is therefore tied to the success of Hispanic and Latino students, and their success is a priority of my Administration. From advancements in science and civil and labor rights to leadership in government, advocacy, entrepreneurship, and business, the Hispanic com- munity has had a profound and positive impact on our schools, our commu- nities, our economy, and our Nation. Hispanic and Latino communities encompass many racial and cultural identities that span the globe. The diversity of Hispanic and Latino students makes our classrooms across the country rich learning environments. It is important to ensure that from early childhood to higher education, Hispanic and Latino students, including Dreamers, can reach their highest potential. For many Hispanic and Latino students, Hispanic-Serving Institutions (HSIs) provide critical pathways to opportunity, and hundreds of HSIs across our Nation are advancing intergen- erational mobility, success, and opportunity. At the same time, Hispanic and Latino students face systemic inequitable barriers in accessing a high-quality education and a fair shot at the American dream. Only 40 percent of Latino children participate in preschool education programs as compared to 53 percent of their White peers. Due to systemic and historical inequities faced in the classroom, the high school graduation rate for Hispanic students is below the national average. Hispanic students are underrepresented in advanced courses in mathematics and science, and they can face language barriers in the classroom. Only 19 percent of Latino adults have at least a bachelor’s degree compared with 1 in 3 overall, and just 6 percent have completed graduate or professional degree programs, versus 13 percent nationally. Further, the lack of availability of adult con- tinuing education courses makes it difficult for many Hispanic adults to further their education. In addition, barriers to equity in education can compound and intersect for Hispanic and Latino students who are women and girls, LGBTQ+ individuals, English language learners, and individuals with disabilities. The COVID–19 pandemic has laid bare and exacerbated many of these inequities. Hispanic and Latino students are more likely than their White peers to experience remote learning arrangements, yet they have less access to the tools necessary to succeed, such as broadband and computer access. Hispanic women have been adversely impacted by job loss, a lack of access to child care, and the inability to provide care, in greater numbers than their White counterparts. These and pre-existing disparities have led to declines in student achievement for Hispanic students. Latino students— once the fastest-growing group of undergraduates in the United States— have seen a decline in undergraduate college attendance amidst the COVID– 19 pandemic. It is a priority of my Administration to ensure an equitable VerDate Sep<11>2014 17:10 Sep 15, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\16SEE1.SGM 16SEE1 51582 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Presidential Documents recovery from COVID–19, and to provide Hispanic and Latino students with a successful return to the classroom. These barriers exist not simply in the classroom, but also in the workplace. Hispanic workers are overrepresented in industries that have been hit hardest by the COVID–19 pandemic, and they have faced disproportionate losses in employment. Hispanic and Latino workers often face discrimination in hiring, pay, and consideration for promotions among other challenges. They need greater access to work-based learning opportunities such as mentorships, internships, and registered apprenticeships that not only guide employment seekers to a career, but provide the experience needed to secure well- paying jobs. To ensure that our Nation reaches the ambitious goals we have set for our economy to thrive, as well as to ensure equal access to opportunity for all, we must enable Hispanic and Latino students to reach their highest potential through our Nation’s schools and institutions of higher education. The Federal Government must also collaborate with Hispanic and Latino communities to ensure their long-term success. It is the policy of my Administration to advance educational equity, excel- lence, and economic opportunity for Hispanic communities from early child- hood until their chosen career. Sec. 2. White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics. (a) To advance equity in our Nation’s schools and to promote the economic opportunity that follows it, there is established in the Department of Edu- cation (Department), the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics (Initiative), of which the Secretary of Education (Secretary) shall serve as Chair. The Secretary shall designate an Executive Director for the Initiative (Executive Director). (b) The Initiative shall advance educational equity and economic oppor- tunity for Latino and Hispanic students, families, and communities by focus- ing on the following policy goals: (i) increasing general understanding of systemic causes of educational challenges faced by many Hispanic and Latino students, whether these students are in urban, suburban, rural, or migrant learning environments, and working across Federal agencies to address these challenges; (ii) increasing Hispanic and Latino children’s and families’ access to and participation in high-quality early childhood programs and services that promote children’s healthy development and learning, prepare them for success in school, and affirm their cultural and linguistic identity; (iii) addressing the inequitable treatment of Hispanic and Latino children, such as eradicating disparities in disciplinary actions; (iv) supporting and improving data collection related to Hispanic and Latino students and the implementation of evidence-based strategies to increase the participation and success of Hispanic and Latino students in all levels of education and prepare them for careers and civic engage- ment; (v) ensuring that all Hispanic and Latino students have access to excellent teachers, school leaders, and other professionals, including by supporting efforts to improve the recruitment, preparation, development, and retention of qualified, diverse teachers and school leaders and other professionals who understand students’ lived experiences and can effectively meet their learning, social, and emotional needs; (vi) enhancing student support services and fostering positive engagement among schools, families, community leaders, and community-based organi- zations to increase the high school graduation and post-secondary attend- ance rates and decrease the high school dropout rate for Hispanic and Latino students; VerDate Sep<11>2014 17:10 Sep 15, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\16SEE1.SGM 16SEE1 51583 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Presidential Documents (vii) promoting a positive school climate that supports equitable access to and participation in college-readiness, advanced placement courses, and internship opportunities, as well as innovative dropout prevention and recovery strategies that better engage Hispanic and Latino youth in their learning, help them progress academically as needed, and provide those who have left the educational system with pathways to reentry; (viii) eliminating discriminatory enrollment, housing, transportation, and other policies that lead to racial and socioeconomic segregation among and within schools; (ix) ensuring equitable access to educational resources, professionals, and technology, including by addressing racial disparities in school funding and expenditures; (x) breaking down barriers that impede the access of higher education institutions that serve Hispanic and Latino students, such as HSIs, to Federal funding, and strengthening the capacity of those institutions to participate in Federal programs and partnerships; (xi) advancing racial equity and economic opportunity by connecting edu- cation to labor market needs through programs such as dual enrollment, career and technical education, registered apprenticeships, work-based learning, and career advancement, particularly in the fields of science, technology, engineering, and mathematics; and (xii) ensuring that Hispanic and Latino communities have access to re- sources for economic success, such as in the areas of financial education, small business development, entrepreneurship, arts, science, technology, engineering, and mathematics. (c) In working to fulfill its mission and objectives, the Initiative shall, consistent with applicable law: (i) identify and promote evidence-based best practices that can provide Hispanic and Latino students with a rigorous and well-rounded education in safe and healthy environments, as well as access to support services, that will improve their educational, professional, economic, and civic opportunities; (ii) advance and coordinate efforts to ensure equitable opportunities for Hispanic and Latino students in the re-opening process for schools across the country, and take steps to ensure that Hispanic and Latino students, from early childhood to post-secondary education, can equitably recover from learning losses and other challenges faced during the COVID–19 pandemic; (iii) encourage and develop partnerships with a national network of early childhood and early intervention providers, schools, institutions of higher education, and other public, private, philanthropic, and nonprofit stake- holders to improve access to educational equity and economic opportuni- ties for Hispanics and Latinos; (iv) monitor and support the development, implementation, and coordina- tion of Federal Government educational, workforce, research, and business development policies, programs, and technical assistance designed to im- prove outcomes for historically underserved communities, including His- panics and Latinos; (v) work closely with the Executive Office of the President on key Adminis- tration priorities related to education, equity, and economic opportunity for Hispanics and Latinos; and (vi) advise the Secretary on issues of importance and policies relating to educational equity, excellence, and economic opportunity for Hispanics and Latinos. (d) The Initiative shall establish a Federal Interagency Working Group, which shall be convened by the Executive Director and shall support the efforts of the Initiative. The Interagency Working Group shall collaborate VerDate Sep<11>2014 17:10 Sep 15, 2021 Jkt 253250 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\16SEE1.SGM 16SEE1 51584 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Presidential Documents regarding resources and opportunities available across the Federal Govern- ment to increase educational and economic opportunities for Hispanics and Latinos. (i) The Interagency Working Group shall consist of senior officials (des- ignated by the heads of their respective departments, agencies, and offices) from the following: (A) the Department of State; (B) the Department of the Treasury; (C) the Department of Defense; (D) the Department of Justice; (E) the Department of the Interior; (F) the Department of Agriculture; (G) the Department of Commerce; (H) the Department of Labor; (I) the Department of Health and Human Services; (J) the Department of Housing and Urban Development; (K) the Department of Transportation; (L) the Department of Energy; (M) the Department of Education; (N) the Department of Veterans Affairs; (O) the Department of Homeland Security; (P) the White House Office of Management and Budget; (Q) the White House Office of Science and Technology Policy; (R) the Small Business Administration; (S) the White House Domestic Policy Council; (T) the White House Gender Policy Council; (U) the White House Office of Public Engagement; (V) the National Science Foundation; (W) the National Aeronautics and Space Administration; (X) the United States Agency for International Development; and (Y) such additional executive departments, agencies, and offices as the Secretary may designate. (ii) The Executive Director may establish subgroups of the Interagency Working Group to focus on different aspects of the educational system (such as HSIs, early childhood education, kindergarten through 12th grade education, children and adults with disabilities, teacher diversity, higher education, career and technical education, adult education, or correctional education and reengagement), economic opportunity (work-based learning, entrepreneurship, financial education, or mentorship) or educational chal- lenges facing particular populations. (e) Each executive department and agency (agency) designated to partici- pate in the Interagency Working Group shall prepare a plan (Agency Plan) outlining measurable actions the agency will take to advance educational equity and economic opportunity for Hispanic and Latino communities, including their plans to implement the policy goals and directives outlined in section 2(b) of this order and other relevant work. These plans shall be submitted to the Chair on a date established by the Chair. (i) As appropriate, each Agency Plan shall include: (A) a description of the applicable agency’s efforts to ensure that Federal programs and initiatives administered by the Department and other agen- cies are meeting the educational needs of Hispanics and Latinos, including VerDate Sep<11>2014 17:10 Sep 15, 2021 Jkt 253250 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\16SEE1.SGM 16SEE1 51585 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Presidential Documents by encouraging the agency to incorporate best practices into appropriate discretionary programs where the agency sees fit and as permitted by law; (B) a description of how the applicable agency has and will decrease barriers to participation of Hispanics and Latinos in Federal employment and student engagement opportunities; (C) a description of how the applicable agency can address challenges facing Hispanic and Latino students and higher education institutions that serve Hispanic and Latino students, such as HSIs, brought on by or exacerbated by the COVID–19 pandemic; (D) a description of how the agency’s Office of Civil Rights, if applicable, can address discriminatory policies and practices that limit educational and economic opportunity for Hispanics and Latinos; (E) any other information the applicable agency determines is relevant to promoting educational opportunities for Hispanics and Latinos; and (F) any additional criteria established by the Chair or the Initiative. (ii) Each agency shall assess and report to the Chair on their progress in implementing the Agency Plan on a regular basis as established by the Chair. (iii) The Initiative shall monitor and evaluate each agency’s progress to- wards the goals established in its Agency Plan and shall coordinate with the agency to ensure that its Plan includes measurable and action-oriented goals. (f) The Department shall provide funding and administrative support for the Initiative and the Interagency Working Group, to the extent permitted by law and within existing appropriations. To the extent permitted by law, including the Economy Act (31 U.S.C. 1535), other agencies and offices represented on the Interagency Working Group may detail personnel to the Initiative, to assist the Department in meeting the objectives of this order. (g) To advance shared priorities and policies that advance equity and economic opportunity for underserved communities, the Initiative shall col- laborate and coordinate with other White House Initiatives related to equity and opportunity. (h) On an annual basis, the Chair shall report to the President on the Initiative’s progress in carrying out its mission and function under this order. Sec. 3. Presidential Advisory Commission. (a) There is established in the Department a Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics (Commission). (b) The Commission shall provide advice to the President through the Secretary on matters pertaining to educational equity and economic oppor- tunity for the Hispanic and Latino community, including: (i) what is needed for the development, implementation, and coordination of educational programs and initiatives at the Department and other agen- cies to improve educational opportunities and outcomes for Hispanics and Latinos; (ii) how to promote career pathways for in-demand jobs for Hispanic and Latino students, including registered apprenticeships, internships, fel- lowships, mentorships, and work-based learning initiatives; (iii) ways to strengthen the capacity of institutions, such as HSIs, to equitably serve Hispanic and Latino students and increase the participation of Hispanic and Latino students, Hispanic-serving school districts, and the Hispanic community in the programs of the Department and other agencies; VerDate Sep<11>2014 17:10 Sep 15, 2021 Jkt 253250 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\16SEE1.SGM 16SEE1 51586 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Presidential Documents (iv) how to increase public awareness of and generate solutions for the educational and training challenges and equity disparities that Hispanic and Latino students face and the causes of these challenges; and (v) approaches to establish local and national partnerships with public, private, philanthropic, and nonprofit stakeholders to advance the mission and objectives of this order, consistent with applicable law. (c) The Commission shall periodically report to the President, through the Secretary and after consulting with the Executive Director, on progress in addressing the mission of the Commission. (d) The Commission shall consist of not more than 21 members appointed by the President. The Commission may include individuals with relevant experience or subject matter expertise, as well as individuals who may serve as representatives from a variety of sectors, including education (early childhood education, elementary and secondary education, higher education, career and technical education, and adult education), labor organizations, research institutions, public and private philanthropic organizations, private sector, nonprofit, and community-based organizations at the national, State, Tribal, regional, or local levels. Commission members should be able to provide specific insight into the lived experiences of those served by the Initiative, including young adults, and have diversity across the diaspora and the geography of the country. (i) The President shall designate one member of the Commission to serve as its Chair. The Chair, in consultation with the Executive Director, shall convene regular meetings of the Commission, determine the Commission meeting agenda, and support the work of the Commission, consistent with this order. (ii) The Commission shall meet on a regular basis, and at least twice a year. (e) The Department shall provide funding and administrative support for the Commission, to the extent permitted by law and within existing appro- priations. Members of the Commission shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsist- ence, as authorized by law for persons serving intermittently in the Govern- ment service (5 U.S.C. 5701–5707). Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the administration of the Commission, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Secretary, in accord- ance with guidelines issued by the Administrator of General Services. (f) The Commission shall terminate 2 years from the date of this order, unless extended by the President. Sec. 4. Administrative Provisions. (a) This order supersedes Executive Order 13935 of July 9, 2020 (White House Hispanic Prosperity Initiative), which is hereby revoked. To the extent that there are other Executive Orders that may conflict with or overlap with the provisions in this order, the provisions in this order supersede those other Executive Orders on these subjects. (b) The heads of agencies shall assist and provide information to the Initiative and Commission established in this order, consistent with applica- ble law, as may be necessary to carry out the functions of the Initiative and Commission. (c) Each agency shall bear its own expenses of participating in the Initiative established in this order. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. VerDate Sep<11>2014 17:10 Sep 15, 2021 Jkt 253250 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\16SEE1.SGM 16SEE1 51587 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Presidential Documents (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, September 13, 2021. [FR Doc. 2021–20165 Filed 9–15–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 17:10 Sep 15, 2021 Jkt 253250 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\16SEE1.SGM 16SEE1 BIDEN.EPS</GPH>

White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics

2021-09-13T00:00:00

0dc1e71b1ee4765399834b6c1c0ff3cc25d01d091ca004df271a710a70849489

Presidential Executive Order

2021-19924 (14042)

Presidential Documents 50985 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Presidential Documents Executive Order 14042 of September 9, 2021 Ensuring Adequate COVID Safety Protocols for Federal Con- tractors By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and section 301 of title 3, United States Code, and in order to promote economy and efficiency in procurement by contracting with sources that provide adequate COVID– 19 safeguards for their workforce, it is hereby ordered as follows: Section 1. Policy. This order promotes economy and efficiency in Federal procurement by ensuring that the parties that contract with the Federal Government provide adequate COVID–19 safeguards to their workers per- forming on or in connection with a Federal Government contract or contract- like instrument as described in section 5(a) of this order. These safeguards will decrease the spread of COVID–19, which will decrease worker absence, reduce labor costs, and improve the efficiency of contractors and subcontrac- tors at sites where they are performing work for the Federal Government. Accordingly, ensuring that Federal contractors and subcontractors are ade- quately protected from COVID–19 will bolster economy and efficiency in Federal procurement. Sec. 2. Providing for Adequate COVID–19 Safety Protocols for Federal Con- tractors and Subcontractors. (a) Executive departments and agencies, includ- ing independent establishments subject to the Federal Property and Adminis- trative Services Act, 40 U.S.C. 102(4)(A) (agencies), shall, to the extent permitted by law, ensure that contracts and contract-like instruments (as described in section 5(a) of this order) include a clause that the contractor and any subcontractors (at any tier) shall incorporate into lower-tier sub- contracts. This clause shall specify that the contractor or subcontractor shall, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Work- force Task Force (Task Force Guidance or Guidance), provided that the Director of the Office of Management and Budget (Director) approves the Task Force Guidance and determines that the Guidance, if adhered to by contractors or subcontractors, will promote economy and efficiency in Federal contracting. This clause shall apply to any workplace locations (as specified by the Task Force Guidance) in which an individual is working on or in connection with a Federal Government contract or contract-like instrument (as described in section 5(a) of this order). (b) By September 24, 2021, the Safer Federal Workforce Task Force (Task Force) shall, as part of its issuance of Task Force Guidance, provide defini- tions of relevant terms for contractors and subcontractors, explanations of protocols required of contractors and subcontractors to comply with work- place safety guidance, and any exceptions to Task Force Guidance that apply to contractor and subcontractor workplace locations and individuals in those locations working on or in connection with a Federal Government contract or contract-like instrument (as described in section 5(a) of this order). (c) Prior to the Task Force publishing new Guidance related to COVID– 19 for contractor or subcontractor workplace locations, including the Guid- ance developed pursuant to subsection (b) of this section, the Director shall, as an exercise of the delegation of my authority under the Federal Property VerDate Sep<11>2014 16:30 Sep 13, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\14SEE0.SGM 14SEE0 tkelley on DSK125TN23PROD with PROC - E0 50986 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Presidential Documents and Administrative Services Act, see 3 U.S.C. 301, determine whether such Guidance will promote economy and efficiency in Federal contracting if adhered to by Government contractors and subcontractors. Upon an affirma- tive determination by the Director, the Director’s approval of the Guidance, and subsequent issuance of such Guidance by the Task Force, contractors and subcontractors working on or in connection with a Federal Government contract or contract-like instrument (as described in section 5(a) of this order), shall adhere to the requirements of the newly published Guidance, in accordance with the clause described in subsection (a) of this section. The Director shall publish such determination in the Federal Register. (d) Nothing in this order shall excuse noncompliance with any applicable State law or municipal ordinance establishing more protective safety proto- cols than those established under this order or with any more protective Federal law, regulation, or agency instructions for contractor or subcontractor employees working at a Federal building or a federally controlled workplace. (e) For purposes of this order, the term ‘‘contract or contract-like instru- ment’’ shall have the meaning set forth in the Department of Labor’s proposed rule, ‘‘Increasing the Minimum Wage for Federal Contractors,’’ 86 FR 38816, 38887 (July 22, 2021). If the Department of Labor issues a final rule relating to that proposed rule, that term shall have the meaning set forth in that final rule. Sec. 3. Regulations and Implementation. (a) The Federal Acquisition Regu- latory Council, to the extent permitted by law, shall amend the Federal Acquisition Regulation to provide for inclusion in Federal procurement solici- tations and contracts subject to this order the clause described in section 2(a) of this order, and shall, by October 8, 2021, take initial steps to imple- ment appropriate policy direction to acquisition offices for use of the clause by recommending that agencies exercise their authority under subpart 1.4 of the Federal Acquisition Regulation. (b) By October 8, 2021, agencies shall take steps, to the extent permitted by law, to exercise any applicable authority to ensure that contracts and contract-like instruments as described in section 5(a) of this order that are not subject to the Federal Acquisition Regulation and that are entered into on or after October 15, 2021, consistent with the effective date of such agency action, include the clause described in section 2(a) of this order. Sec. 4. Severability. If any provision of this order, or the application of any provision of this order to any person or circumstance, is held to be invalid, the remainder of this order and its application to any other person or circumstance shall not be affected thereby. Sec. 5. Applicability. (a) This order shall apply to any new contract; new contract-like instrument; new solicitation for a contract or contract-like instru- ment; extension or renewal of an existing contract or contract-like instrument; and exercise of an option on an existing contract or contract-like instrument, if: (i) it is a procurement contract or contract-like instrument for services, construction, or a leasehold interest in real property; (ii) it is a contract or contract-like instrument for services covered by the Service Contract Act, 41 U.S.C. 6701 et seq.; (iii) it is a contract or contract-like instrument for concessions, including any concessions contract excluded by Department of Labor regulations at 29 CFR 4.133(b); or (iv) it is a contract or contract-like instrument entered into with the Federal Government in connection with Federal property or lands and related to offering services for Federal employees, their dependents, or the general public; (b) This order shall not apply to: (i) grants; VerDate Sep<11>2014 16:30 Sep 13, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\14SEE0.SGM 14SEE0 tkelley on DSK125TN23PROD with PROC - E0 50987 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Presidential Documents (ii) contracts, contract-like instruments, or agreements with Indian Tribes under the Indian Self-Determination and Education Assistance Act (Public Law 93–638), as amended; (iii) contracts or subcontracts whose value is equal to or less than the simplified acquisition threshold, as that term is defined in section 2.101 of the Federal Acquisition Regulation; (iv) employees who perform work outside the United States or its outlying areas, as those terms are defined in section 2.101 of the Federal Acquisition Regulation; or (v) subcontracts solely for the provision of products. Sec. 6. Effective Date. (a) Except as provided in subsection (b) of this section, this order is effective immediately and shall apply to new contracts; new contract-like instruments; new solicitations for contracts or contract- like instruments; extensions or renewals of existing contracts or contract- like instruments; and exercises of options on existing contracts or contract- like instruments, as described in section 5(a) of this order, where the relevant contract or contract-like instrument will be entered into, the relevant contract or contract-like instrument will be extended or renewed, or the relevant option will be exercised, on or after: (i) October 15, 2021, consistent with the effective date for the action taken by the Federal Acquisition Regulatory Council pursuant to section 3(a) of this order; or (ii) for contracts and contract-like instruments that are not subject to the Federal Acquisition Regulation and where an agency action is taken pursuant to section 3(b) of this order, October 15, 2021, consistent with the effective date for such action. (b) As an exception to subsection (a) of this section, where agencies have issued a solicitation before the effective date for the relevant action taken pursuant to section 3 of this order and entered into a new contract or contract-like instrument resulting from such solicitation within 30 days of such effective date, such agencies are strongly encouraged to ensure that the safety protocols specified in section 2 of this order are applied in the new contract or contract-like instrument. But if that contract or contract-like instrument term is subsequently extended or renewed, or an option is subsequently exercised under that contract or contract-like instru- ment, the safety protocols specified in section 2 of this order shall apply to that extension, renewal, or option. (c) For all existing contracts and contract-like instruments, solicitations issued between the date of this order and the effective dates set forth in this section, and contracts and contract-like instruments entered into between the date of this order and the effective dates set forth in this section, agencies are strongly encouraged, to the extent permitted by law, to ensure that the safety protocols required under those contracts and con- tract-like instruments are consistent with the requirements specified in sec- tion 2 of this order. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 16:30 Sep 13, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\14SEE0.SGM 14SEE0 tkelley on DSK125TN23PROD with PROC - E0 50988 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Presidential Documents (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, September 9, 2021. [FR Doc. 2021–19924 Filed 9–13–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:30 Sep 13, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\14SEE0.SGM 14SEE0 BIDEN.EPS</GPH> tkelley on DSK125TN23PROD with PROC - E0

Ensuring Adequate COVID Safety Protocols for Federal Contractors

2021-09-09T00:00:00

fd269a415a2716d6a6e3863c1087036a8b9bbd7012b0e7ee2c22a318575da93c

Presidential Executive Order

2021-19579 (14041)

Presidential Documents 50443 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Presidential Documents Executive Order 14041 of September 3, 2021 White House Initiative on Advancing Educational Equity, Ex- cellence, and Economic Opportunity Through Historically Black Colleges and Universities By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to advance equity in economic and educational opportunities for all Americans, including Black Americans, strengthen the capacity of Historically Black Colleges and Univer- sities (HBCUs) to provide the highest-quality education, increase opportuni- ties for these institutions to participate in and benefit from Federal programs, and ensure that HBCUs can continue to be engines of opportunity, it is hereby ordered as follows: Section 1. Policy. HBCUs have a proud history and legacy of achievement. In the face of discrimination against Black Americans by many institutions of higher education, HBCUs created pathways to opportunity and educational excellence for Black students throughout our Nation. That legacy continues. Today, more than 100 HBCUs, located in 19 States, the District of Columbia, and the U.S. Virgin Islands, serve nearly 300,000 students annually. HBCUs vary in size and academic focus and serve a range of diverse students and communities in urban, rural, and suburban settings. HBCUs play a vital role in providing educational opportunities, scholarly growth, and a sense of community for students. HBCU graduates are barrier- breaking public servants, scientists, artists, lawyers, engineers, educators, business owners, and leaders. For generations, HBCUs have been advancing intergenerational economic mobility for Black families and communities, developing vital academic research, and making our country more prosperous and equitable. HBCUs are proven means of advancement for people of all ethnic, racial, and economic backgrounds, especially Black Americans. HBCUs produce nearly 20 percent of all Black college graduates and 25 percent of Black graduates who earn degrees in the disciplines of science, technology, engineering, and math. HBCUs’ successes have come despite many systemic barriers to accessing resources and opportunities. For example, compared to other higher edu- cation institutions, on average HBCUs educate a greater percentage of lower- income, Pell-grant eligible students, while receiving less revenue from tuition and possessing much smaller endowments. Disparities in resources and op- portunities for HBCUs and their students remain, and the COVID–19 pan- demic has highlighted continuing and new challenges. These challenges include addressing the need for enhanced physical and digital infrastructure in HBCU communities and ensuring equitable funding for HBCUs as com- pared to other institutions of higher education. The Federal Government must promote a variety of modern solutions for HBCUs, recognizing that HBCUs are not a monolith, and that the opportunities and challenges relevant to HBCUs are as diverse as the institutions themselves and the communities they serve. It is the policy of my Administration to advance educational equity, excel- lence, and economic opportunity in partnership with HBCUs, and to ensure that these vital institutions of higher learning have the resources and support to continue to thrive for generations to come. VerDate Sep<11>2014 16:51 Sep 08, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\09SEE1.SGM 09SEE1 lotter on DSK11XQN23PROD with FR_PREZDOC4 50444 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Presidential Documents Sec. 2. White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity through Historically Black Colleges and Univer- sities. (a) In furtherance of the policy set out in section 1 of this order, there is established in the Department of Education (Department), the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity through Historically Black Colleges and Universities (Initiative), led by an Executive Director designated by the President and appointed consistent with applicable law. The Executive Director shall manage the day-to-day operations of the Initiative, in consultation with the Assistant to the President and Director of the White House Office of Public Engagement as appropriate, and coordinate with senior officials across the Executive Office of the President, who shall lend their expertise and advice to the Initiative. (b) The Initiative, in coordination with senior officials across the Executive Office of the President, shall provide advice to the President on advancing equity, excellence, and opportunity at HBCUs and for the communities they principally serve by coordinating a Government-wide policymaking effort to eliminate barriers HBCUs face in providing the highest-quality education to a growing number of students. The Initiative’s recommendations shall include advice on advancing policies, programs, and initiatives that further the policy set out in section 1 of this order. (i) To support implementation of this Government-wide approach to break- ing down systemic barriers for HBCU participation in Federal Government programs, the Director of the Office of Management and Budget and the Assistant to the President for Domestic Policy shall coordinate closely with the Secretary of Education (Secretary), the Assistant to the President and Director of the White House Office of Public Engagement, the Executive Director, and the Chair of the President’s Board of Advisors on HBCUs (as established in section 3 of this order) to ensure that the needs and voices of HBCUs, their faculty, staff, students, alumni, and the communities they principally serve are considered in the efforts of my Administration to advance educational equity, excellence, and opportunity. (ii) The Initiative shall also perform the following specific functions: (A) supporting implementation of the HBCU Propelling Agency Relation- ships Towards a New Era of Results for Students Act (Public Law 116– 270) (PARTNERS Act); (B) working closely with the Executive Office of the President on key Administration priorities related to advancing educational equity, excel- lence, and economic opportunity through HBCUs, in partnership with HBCU leaders, representatives, students, and alumni; (C) working to break down barriers and expand pathways for HBCUs to access Federal funding and programs, particularly in areas of research and development, innovation, and financial and other support to students; (D) strengthening the capacity of HBCUs to participate in Federal pro- grams, access Federal resources, including grants and procurement opportu- nities, and partner with Federal agencies; (E) advancing and coordinating efforts to ensure that HBCUs can respond to and recover from the COVID–19 pandemic and thoroughly support students’ holistic recovery, from academic engagement to social and emo- tional wellbeing; (F) developing new and expanding pre-existing national networks of individuals, organizations, and communities to share and implement ad- ministrative and programmatic best practices related to advancing edu- cational equity, excellence, and opportunity at HBCUs; (G) fostering sustainable public-private and philanthropic partnerships as well as private-sector initiatives to promote centers of academic research and program excellence at HBCUs; VerDate Sep<11>2014 16:51 Sep 08, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\09SEE1.SGM 09SEE1 lotter on DSK11XQN23PROD with FR_PREZDOC4 50445 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Presidential Documents (H) strengthening capacity to improve the availability, dissemination, and quality of information about HBCUs and HBCU students for the Amer- ican public; (I) partnering with private entities, elementary and secondary education providers, and other stakeholders to build a pipeline for students that may be interested in attending HBCUs, facilitate HBCU modernization, address college affordability, and promote degree attainment; (J) addressing efforts to promote student success and retention, including college affordability, degree attainment, campus modernization and infra- structure improvements, and the development of a student recognition program for high-achieving HBCU students; (K) encouraging the development of highly qualified, diverse, culturally responsive educators and administrators reflective of a variety of commu- nities and backgrounds in order to ensure that students have access to educators and administrators who celebrate, cultivate, and comprehend the lived experiences of HBCU students and effectively meet their learning, social, and emotional needs; (L) establishing clear plans to strengthen Federal recruitment activities at HBCUs to build accessible and equitable pathways into Federal service and talent programs; (M) meeting regularly with HBCU students, leaders, and representatives to address matters related to the Initiative’s mission and functions; and (N) hosting the National HBCU Week Conference, for HBCU executive leaders, faculty, students, alumni, supporters, and other stakeholders to share information, innovative educational tools and resources, student success models, and ideas for Federal engagement. (c) The head of each ‘‘applicable agency,’’ as defined in section 3(1) of the PARTNERS Act, shall submit to the Secretary, the Executive Director, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representatives, and the President’s Board of Advisors on HBCUs (as established in section 3 of this order) an Agency Plan, not later than February 1 of each year, describing efforts to strengthen the capacity of HBCUs to participate or be eligible to participate in the programs and initiatives under the jurisdiction of such applicable agency. The Agency Plans shall meet the requirements established in section 4(d) of the PARTNERS Act. (i) In addition, the Agency Plan shall specifically address any changes to agency policies and practices that the agency deems necessary or appro- priate to ensure that barriers to participation are addressed and removed. Each Agency Plan shall include details on grant and contract funding provided to HBCUs and, where the agency deems necessary or appropriate, describe plans to address disparities in furtherance of the objectives of this order. (ii) The Executive Director shall monitor and evaluate each agency’s progress towards the goals established in its Agency Plan and shall coordi- nate with each agency to ensure that its Agency Plan includes measurable and action-oriented goals. (d) There is established an Interagency Working Group, which shall be chaired by the Executive Director and composed of liaisons and representa- tives designated by the heads of each applicable agency as defined in the PARTNERS Act to help advance and coordinate the work required by this order. Additional members of the Interagency Working Group shall include senior officials from the Office of the Vice President, the White House Domestic Policy Council, the White House Gender Policy Council, the Office of Management and Budget, the White House Office of Science and Tech- nology Policy, the White House Office of Public Engagement, and representa- tives of other components of the Executive Office of the President, as the Executive Director, in consultation with the Secretary and the Assistant to the President and Director of the White House Office of Public Engagement, VerDate Sep<11>2014 16:51 Sep 08, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\09SEE1.SGM 09SEE1 lotter on DSK11XQN23PROD with FR_PREZDOC4 50446 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Presidential Documents considers appropriate. The Interagency Working Group shall collaborate re- garding resources and opportunities available across the Federal Government to increase educational equity and opportunities for HBCUs. The Executive Director may establish subgroups of the Interagency Working Group. (e) The Department shall provide funding and administrative support for the Initiative and the Interagency Working Group, to the extent permitted by law and within existing appropriations. To the extent permitted by law, including the Economy Act (31 U.S.C. 1535), and subject to the availability of appropriations, other agencies and offices represented on the Interagency Working Group may detail personnel to the Initiative, to assist the Department in meeting the objectives of this order. (f) To advance shared priorities and policies that advance equity and economic opportunity for underserved communities, the Initiative shall col- laborate and coordinate with other White House Initiatives related to equity and economic opportunity. (g) On an annual basis, the Executive Director shall report to the President through the Secretary, with the support and consultation of the Assistant to the President and Director of the White House Office of Public Engagement as appropriate, on the Initiative’s progress in carrying out its mission and function under this order. Sec. 3. President’s Board of Advisors on Historically Black Colleges and Universities. (a) There is established in the Department the President’s Board of Advisors on Historically Black Colleges and Universities (Board). The Board shall fulfill the mission and functions established in section 5(c) of the PARTNERS Act. The Board shall include sitting HBCU presidents as well as leaders from a variety of sectors, including education, philanthropy, business, finance, entrepreneurship, innovation, science and technology, and private foundations. (b) The President shall designate one member of the Board to serve as its Chair, and may designate another member of the Board to serve as Vice Chair. The Department shall provide funding and administrative support for the Board to the extent permitted by law and within existing appropria- tions. (c) The Board shall be composed of not more than 21 members appointed by the President. The Secretary of Education and Executive Director of the Initiative or their designees shall serve as ex officio members. (d) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the Board, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Chair, in accordance with guidelines issued by the Administrator of General Services. (e) Members of the Board shall serve without compensation, but may receive travel expenses, including per diem in lieu of subsistence, as author- ized by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707). Sec. 4. Administrative Provisions. (a) This order supersedes Executive Order 13779 of February 28, 2017 (White House Initiative To Promote Excellence and Innovation at Historically Black Colleges and Universities), which is hereby revoked. To the extent that there are other Executive Orders that may conflict with or overlap with the provisions in this order, the provisions in this order supersede those prior Executive Orders on these subjects. (b) As used in this order, the terms ‘‘Historically Black Colleges and Universities’’ and ‘‘HBCUs’’ shall mean those institutions listed in 34 C.F.R. 608.2. (c) The heads of executive departments and agencies shall assist and provide information to the Initiative and Board established in this order, consistent with applicable law, as may be necessary to carry out the functions of the Initiative and the Board. VerDate Sep<11>2014 16:51 Sep 08, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\09SEE1.SGM 09SEE1 lotter on DSK11XQN23PROD with FR_PREZDOC4 50447 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Presidential Documents (d) Each executive department and agency shall bear its own expenses of participating in the Initiative established in this order. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, September 3, 2021. [FR Doc. 2021–19579 Filed 9–8–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:51 Sep 08, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\09SEE1.SGM 09SEE1 BIDEN.EPS</GPH> lotter on DSK11XQN23PROD with FR_PREZDOC4

White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity Through Historically Black Colleges and Universities

2021-09-03T00:00:00

bb12d661cc9076eaec86a317a3d7ae4c0facf83034daacc968e990d25dd24145

Presidential Executive Order

2021-19578 (14040)

Presidential Documents 50439 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Presidential Documents Executive Order 14040 of September 3, 2021 Declassification Reviews of Certain Documents Concerning the Terrorist Attacks of September 11, 2001 By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order as follows: Section 1. Policy. Many Americans continue to seek full accountability for the horrific attacks of September 11, 2001 (9/11), including 9/11 survivors and victims’ family members. As the 20th anniversary of 9/11 approaches, the American people deserve to have a fuller picture of what their Govern- ment knows about those attacks. Although the indiscriminate release of classified information could jeopardize the national security—including the United States Government’s efforts to protect against future acts of terrorism— information should not remain classified when the public interest in disclo- sure outweighs any damage to the national security that might reasonably be expected from disclosure. The significant events in question occurred two decades ago or longer, and they concern a tragic moment that continues to resonate in American history and in the lives of so many Americans. It is therefore critical to ensure that the United States Government maximizes transparency, relying on classification only when narrowly tailored and nec- essary. Thus, information collected and generated in the United States Gov- ernment’s investigation of the 9/11 terrorist attacks should now be disclosed, except when the strongest possible reasons counsel otherwise. Sec. 2. Declassification Reviews. The Attorney General and the heads of any other executive departments and agencies (agencies) that originated relevant information shall complete declassification reviews: (a) not later than September 11, 2021, of the Federal Bureau of Investigation (FBI) electronic communication dated April 4, 2016, from the subfile inves- tigation described in chapter V of the 2015 Report of the Congressionally- directed 9/11 Review Commission to the Director of the FBI (subfile investiga- tion), which was identified but withheld in full during discovery in In re Terrorist Attacks on September 11, 2001, MDL No. 03–1570 (S.D.N.Y.); (b) not later than 60 days after the date of this order, of: (i) all other records that previously were withheld as classified, in full or in part, during discovery in In re Terrorist Attacks on September 11, 2001; and (ii) the 2021 FBI electronic communication closing the subfile investigation; (c) not later than 120 days after the date of this order, of all interview reports, analytical documents, documents reporting investigative findings, or other substantive records (including phone records and banking records, if any) from the FBI’s initial investigation of the 9/11 terrorist attacks— known as the Pentagon/Twin Towers Bombings (PENTTBOM) investigation— that reference the individual subjects of the subfile investigation and may be found through search terms, keyword identifiers, and other diligent means; and (d) not later than 180 days after the date of this order, of all records from any separate FBI investigation other than the PENTTBOM investigation or the subfile investigation of any individual subjects of the subfile investiga- tion that are relevant to the 9/11 terrorist attacks or to any of the individual subjects’ connection to an agency relationship with a foreign government. VerDate Sep<11>2014 16:23 Sep 08, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\09SEE0.SGM 09SEE0 lotter on DSK11XQN23PROD with FR_PREZDOC3 50440 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Presidential Documents Sec. 3. Standards for Declassification. (a) Consistent with Executive Order 13526 of December 29, 2009 (Classified National Security Information), the Attorney General or the head of any other agency that originated the informa- tion, as the case may be, shall be responsible for conducting the declassifica- tion reviews and making declassification determinations for information that originated within their respective agency. Information may remain classified only if it still requires protection in the interest of the national security and disclosure of the information reasonably could be expected to result in damage to the national security. Information shall not remain classified if there is significant doubt about the need to maintain its classified status. Nor shall information remain classified in order to conceal violations of law, inefficiency, or administrative error or to prevent embarrassment to a person, organization, or agency. (b) Even when information requires continued protection in the interest of the national security, the Attorney General or the head of any other agency that originated the information, as the case may be, should determine, as an exercise of discretion, whether the public interest in disclosure of the information outweighs the damage to the national security that might reasonably be expected from disclosure. (c) Upon the completion of the declassification reviews under section 2 of this order, the Attorney General and the heads of any other agencies that originated relevant information shall ensure that, as to all information subject to such reviews but not declassified pursuant to such reviews: (i) such information meets the requirements for classification, in accordance with Executive Order 13526; (ii) all non-classified information is disentangled from any classified infor- mation and, to the extent practicable, made available to the public under section 5 of this order; and (iii) all information is nonetheless declassified, in accordance with section 3.1 of Executive Order 13526, or any successor order, when the Attorney General or the head of any other agency that originated the information, as the case may be, determines that the United States Government’s interest in classification is outweighed by the public’s interest in disclosure. Sec. 4. Report to the President and the Congressional Intelligence Committees. Upon completion of each review, the Attorney General, in consultation with the heads of any other agencies that originated relevant information, shall submit to the President, through the Assistant to the President for National Security Affairs, and to the congressional intelligence committees, reports on the results of the declassification reviews completed under section 2 of this order, including a justification for each decision not to declassify information pursuant to such reviews. Sec. 5. Public Release. Upon completion of each review, the Attorney General, in consultation with the heads of any other agencies that originated relevant information, shall make publicly available information declassified as a result of the declassification reviews completed under section 2 of this order, except for information the disclosure of which would materially impair confidential executive branch deliberations. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law, includ- ing the Privacy Act, and subject to the availability of appropriations. VerDate Sep<11>2014 16:23 Sep 08, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\09SEE0.SGM 09SEE0 lotter on DSK11XQN23PROD with FR_PREZDOC3 50441 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Presidential Documents (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, September 3, 2021. [FR Doc. 2021–19578 Filed 9–8–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:23 Sep 08, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\09SEE0.SGM 09SEE0 BIDEN.EPS</GPH> lotter on DSK11XQN23PROD with FR_PREZDOC3

Declassification Reviews of Certain Documents Concerning the Terrorist Attacks of September 11, 2001

2021-09-03T00:00:00

be815f909ba6a02e830cd3a070d987013541e250a111b650394b17b72fee44be

Presidential Executive Order

2021-19927 (14043)

Presidential Documents 50989 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Presidential Documents Executive Order 14043 of September 9, 2021 Requiring Coronavirus Disease 2019 Vaccination for Federal Employees By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 3301, 3302, and 7301 of title 5, United States Code, it is hereby ordered as follows: Section 1. Policy. It is the policy of my Administration to halt the spread of coronavirus disease 2019 (COVID–19), including the B.1.617.2 (Delta) variant, by relying on the best available data and science-based public health measures. The Delta variant, currently the predominant variant of the virus in the United States, is highly contagious and has led to a rapid rise in cases and hospitalizations. The nationwide public health emergency, first declared by the Secretary of Health and Human Services on January 31, 2020, remains in effect, as does the National Emergency Concerning the Coronavirus Disease 2019 (COVID–19) declared pursuant to the National Emergencies Act in Proclamation 9994 of March 13, 2020 (Declaring a Na- tional Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak). The Centers for Disease Control and Prevention (CDC) within the Department of Health and Human Services has determined that the best way to slow the spread of COVID–19 and to prevent infection by the Delta variant or other variants is to be vaccinated. COVID–19 vaccines are widely available in the United States. They protect people from getting infected and severely ill, and they significantly reduce the likelihood of hospitalization and death. As of the date of this order, one of the COVID–19 vaccines, the Pfizer-BioNTech COVID–19 Vaccine, also known as Comirnaty, has received approval from the Food and Drug Administration (FDA), and two others, the Moderna COVID–19 Vaccine and the Janssen COVID–19 Vaccine, have been authorized by the FDA for emergency use. The FDA has determined that all three vaccines meet its rigorous standards for safety, effectiveness, and manufacturing quality. The health and safety of the Federal workforce, and the health and safety of members of the public with whom they interact, are foundational to the efficiency of the civil service. I have determined that ensuring the health and safety of the Federal workforce and the efficiency of the civil service requires immediate action to protect the Federal workforce and indi- viduals interacting with the Federal workforce. It is essential that Federal employees take all available steps to protect themselves and avoid spreading COVID–19 to their co-workers and members of the public. The CDC has found that the best way to do so is to be vaccinated. The Safer Federal Workforce Task Force (Task Force), established by Execu- tive Order 13991 of January 20, 2021 (Protecting the Federal Workforce and Requiring Mask-Wearing), has issued important guidance to protect the Federal workforce and individuals interacting with the Federal workforce. Agencies have also taken important actions, including in some cases requiring COVID–19 vaccination for members of their workforce. Accordingly, building on these actions, and in light of the public health guidance regarding the most effective and necessary defenses against COVID– 19, I have determined that to promote the health and safety of the Federal workforce and the efficiency of the civil service, it is necessary to require COVID–19 vaccination for all Federal employees, subject to such exceptions as required by law. VerDate Sep<11>2014 16:31 Sep 13, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\14SEE1.SGM 14SEE1 tkelley on DSK125TN23PROD with PROC - E1 50990 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Presidential Documents Sec. 2. Mandatory Coronavirus Disease 2019 Vaccination for Federal Employ- ees. Each agency shall implement, to the extent consistent with applicable law, a program to require COVID–19 vaccination for all of its Federal employ- ees, with exceptions only as required by law. The Task Force shall issue guidance within 7 days of the date of this order on agency implementation of this requirement for all agencies covered by this order. Sec. 3. Definitions. For the purposes of this order: (a) The term ‘‘agency’’ means an Executive agency as defined in 5 U.S.C. 105 (excluding the Government Accountability Office). (b) The term ‘‘employee’’ means an employee as defined in 5 U.S.C. 2105 (including an employee paid from nonappropriated funds as referenced in 5 U.S.C. 2105(c)). Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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. (d) If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of any of its other provisions to any other persons or circumstances shall not be affected thereby. THE WHITE HOUSE, September 9, 2021. [FR Doc. 2021–19927 Filed 9–13–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:31 Sep 13, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\14SEE1.SGM 14SEE1 BIDEN.EPS</GPH> tkelley on DSK125TN23PROD with PROC - E1

Requiring Coronavirus Disease 2019 Vaccination for Federal Employees

2021-09-09T00:00:00

914d6588e5a57a2936bac840b4062e9bd8f825cc5b8befd034c8fd38f0eea98e

Presidential Executive Order

2021-17121 (14037)

Presidential Documents 43583 Federal Register Vol. 86, No. 151 Tuesday, August 10, 2021 Title 3— The President Executive Order 14037 of August 5, 2021 Strengthening American Leadership in Clean Cars and Trucks By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the interests of American workers, businesses, consumers, and communities, it is hereby ordered as follows: Section 1. Policy. America must lead the world on clean and efficient cars and trucks. That means bolstering our domestic market by setting a goal that 50 percent of all new passenger cars and light trucks sold in 2030 be zero-emission vehicles, including battery electric, plug-in hybrid electric, or fuel cell electric vehicles. My Administration will prioritize setting clear standards, expanding key infrastructure, spurring critical innova- tion, and investing in the American autoworker. This will allow us to boost jobs—with good pay and benefits—across the United States along the full supply chain for the automotive sector, from parts and equipment manufacturing to final assembly. It is the policy of my Administration to advance these objectives in order to improve our economy and public health, boost energy security, secure consumer savings, advance environmental justice, and address the climate crisis. Sec. 2. Light-, Medium-, and Certain Heavy-Duty Vehicles Multi-Pollutant and Fuel Economy Standards for 2027 and Later. (a) The Administrator of the Environmental Protection Agency (EPA) shall, as appropriate and consistent with applicable law, consider beginning work on a rulemaking under the Clean Air Act (42 U.S.C. 7401–7671q) to establish new multi-pollutant emissions standards, including for greenhouse gas emis- sions, for light- and medium-duty vehicles beginning with model year 2027 and extending through and including at least model year 2030. (b) The Secretary of Transportation shall, as appropriate and consistent with applicable law, consider beginning work on a rulemaking under the Energy Independence and Security Act of 2007 (Public Law 110–140, 121 Stat. 1492) (EISA) to establish new fuel economy standards for passenger cars and light-duty trucks beginning with model year 2027 and extending through and including at least model year 2030. (c) The Secretary of Transportation shall, as appropriate and consistent with applicable law, consider beginning work on a rulemaking under EISA to establish new fuel efficiency standards for heavy-duty pickup trucks and vans beginning with model year 2028 and extending through and includ- ing at least model year 2030. Sec. 3. Heavy-Duty Engines and Vehicles Multi-Pollutant Standards for 2027 and Later. (a) The Administrator of the EPA shall, as appropriate and con- sistent with applicable law, consider beginning work on a rulemaking under the Clean Air Act to establish new oxides of nitrogen standards for heavy- duty engines and vehicles beginning with model year 2027 and extending through and including at least model year 2030. (b) The Administrator of the EPA shall, as appropriate and consistent with applicable law, and in consideration of the role that zero-emission heavy-duty vehicles might have in reducing emissions from certain market segments, consider updating the existing greenhouse gas emissions standards VerDate Sep<11>2014 15:44 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\10AUE0.SGM 10AUE0 jbell on DSKJLSW7X2PROD with EXECORD 43584 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Presidential Documents for heavy-duty engines and vehicles beginning with model year 2027 and extending through and including at least model year 2029. Sec. 4. Medium- and Heavy-Duty Engines and Vehicles Greenhouse Gas and Fuel Efficiency Standards as Soon as 2030 and Later. (a) The Adminis- trator of the EPA shall, as appropriate and consistent with applicable law, consider beginning work on a rulemaking under the Clean Air Act to establish new greenhouse gas emissions standards for heavy-duty engines and vehicles to begin as soon as model year 2030. (b) The Secretary of Transportation shall, as appropriate and consistent with applicable law, consider beginning work on a rulemaking under EISA to establish new fuel efficiency standards for medium- and heavy-duty en- gines and vehicles to begin as soon as model year 2030. Sec. 5. Rulemaking Targets. (a) With respect to the rulemaking described in section 3(a) of this order, the Administrator of the EPA shall, as appropriate and consistent with applicable law, consider issuing a notice of proposed rulemaking by January 2022 and any final rulemaking by December 2022. (b) With respect to the other rulemakings described in section 2 and section 4 of this order, the Secretary of Transportation and the Administrator of the EPA shall, as appropriate and consistent with applicable law, consider issuing any final rulemakings no later than July 2024. Sec. 6. Coordination and Engagement. (a) The Secretary of Transportation and the Administrator of the EPA shall coordinate, as appropriate and con- sistent with applicable law, during the consideration of any rulemakings pursuant to this order. (b) The Secretary of Transportation and the Administrator of the EPA shall consult with the Secretaries of Commerce, Labor, and Energy on ways to achieve the goals laid out in section 1 of this order, to accelerate innovation and manufacturing in the automotive sector, to strengthen the domestic supply chain for that sector, and to grow jobs that provide good pay and benefits. (c) Given the significant expertise and historical leadership demonstrated by the State of California with respect to establishing emissions standards for light-, medium-, and heavy-duty vehicles, the Administrator of the EPA shall coordinate the agency’s activities pursuant to sections 2 through 4 of this order, as appropriate and consistent with applicable law, with the State of California as well as other States that are leading the way in reducing vehicle emissions, including by adopting California’s standards. (d) In carrying out any of the actions described in this order, the Secretary of Transportation and the Administrator of the EPA shall seek input from a diverse range of stakeholders, including representatives from labor unions, States, industry, environmental justice organizations, and public health ex- perts. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:44 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\10AUE0.SGM 10AUE0 jbell on DSKJLSW7X2PROD with EXECORD 43585 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Presidential Documents (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, August 5, 2021. [FR Doc. 2021–17121 Filed 8–9–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:44 Aug 09, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\10AUE0.SGM 10AUE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Strengthening American Leadership in Clean Cars and Trucks

2021-08-05T00:00:00

d340f3480af9c7b6c81263123f408d02200fd3d025e0a97f552ba4c4427a71dc

Presidential Executive Order

2021-18306 (14039)

Presidential Documents 47205 Federal Register Vol. 86, No. 161 Tuesday, August 24, 2021 Title 3— The President Executive Order 14039 of August 20, 2021 Blocking Property With Respect to Certain Russian Energy Export Pipelines By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), the Protecting Europe’s Energy Security Act of 2019 (Title LXXV, National Defense Authorization Act for Fiscal Year 2020, Public Law 116–92), as amended by section 1242 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) (PEESA), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, in order to take additional steps with respect to the national emergency declared in Executive Order 14024 of April 15, 2021 (Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian Federation), hereby order: Section 1. (a) With respect to any foreign person identified by the Secretary of State, in consultation with the Secretary of the Treasury, in a report to the Congress pursuant to section 7503(a)(1)(B) of PEESA, all property and interests in property of such person that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in. (b) Sanctions under subsection (a) of this section shall not apply to any foreign person with respect to whom a waiver under section 7503(f) of PEESA has been issued. (c) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order. Sec. 2. The Secretary of State shall implement section 7503(b) of PEESA as it applies to visas, and the Secretary of Homeland Security shall implement section 7503(b) of PEESA as it applies to admission and parole. Such imple- mentation shall be consistent with any exceptions or waivers provided by statute, or in regulations, orders, or directives that may be issued pursuant to this order. Sec. 3. The prohibitions in section 1 of this order include: (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 4. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibi- tions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. VerDate Sep<11>2014 15:43 Aug 23, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\24AUE0.SGM 24AUE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 47206 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Presidential Documents Sec. 5. I hereby determine that the making of donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order would seriously impair my ability to deal with the national emergency declared in Executive Order 14024, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 6. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘foreign person’’ means an individual or entity that is not a United States person; (c) the term ‘‘person’’ means an individual or entity; and (d) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 14024, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA and PEESA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All departments and agencies of the United States shall take all appropriate measures within their authority to carry out the provisions of this order. Sec. 9. Nothing in this order shall prohibit transactions for the conduct of the official business of the Federal Government or the United Nations, including its programs, funds, and other entities and bodies, as well as its specialized agencies and related organizations, by employees, grantees, and contractors thereof. Sec. 10. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:43 Aug 23, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\24AUE0.SGM 24AUE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 47207 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Presidential Documents (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, August 20, 2021. [FR Doc. 2021–18306 Filed 8–23–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:43 Aug 23, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\24AUE0.SGM 24AUE0 BIDEN.EPS</GPH> lotter on DSK11XQN23PROD with FR_PREZDOC1

Blocking Property With Respect to Certain Russian Energy Export Pipelines

2021-08-20T00:00:00

181f5dd7de67d279b77d7498bcc64db253283cb7090530ebb1a82295f13d359b

Presidential Executive Order

2021-17253 (14038)

Presidential Documents 43905 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Presidential Documents Executive Order 14038 of August 9, 2021 Blocking Property of Additional Persons Contributing to the Situation in Belarus By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, hereby expand the scope of the national emergency declared in Executive Order 13405 of June 16, 2006 (Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus), finding that the Belarusian regime’s harmful activities and long-standing abuses aimed at suppressing democracy and the exercise of human rights and fundamental freedoms in Belarus—including illicit and oppressive activities stemming from the August 9, 2020, fraudulent Belarusian presidential election and its aftermath, such as the elimination of political opposition and civil society organizations and the regime’s disruption and endangering of international civil air travel— constitute an unusual and extraordinary threat to the national security and foreign policy of the United States. Accordingly, I hereby order: Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: (i) to be or have been a leader, official, senior executive officer, or member of the board of directors of: (A) an entity that has, or whose members have, engaged in any of the activities described in subsections (v)(A)–(E) of this section or section 1(a)(ii)(A)–(C) of Executive Order 13405; or (B) an entity whose property and interests in property are blocked pursuant to this order or Executive Order 13405; (ii) to be a political subdivision, agency, or instrumentality of the Govern- ment of Belarus; (iii) to be or have been a leader or official of the Government of Belarus; (iv) to operate or have operated in the defense and related materiel sector, security sector, energy sector, potassium chloride (potash) sector, tobacco products sector, construction sector, or transportation sector of the economy of Belarus, or any other sector of the Belarus economy as may be deter- mined by the Secretary of the Treasury, in consultation with the Secretary of State; (v) to be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, any of the following: (A) actions or policies that threaten the peace, security, stability, or territorial integrity of Belarus; VerDate Sep<11>2014 17:39 Aug 10, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\11AUE0.SGM 11AUE0 jbell on DSKJLSW7X2PROD with EXECORD 43906 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Presidential Documents (B) actions or policies that prohibit, limit, or penalize the exercise of human rights and fundamental freedoms (including freedoms of expres- sion, peaceful assembly, association, religion or belief, and movement) by individuals in Belarus, or that limit access to the internet or print, online, or broadcast media in Belarus; (C) electoral fraud or other actions or policies that undermined the electoral process in a Republic of Belarus election; (D) deceptive or structured transactions or dealings to circumvent any United States sanctions by or for or on behalf of, or for the benefit of, directly or indirectly, the Government of Belarus or any person whose property and interests in property are blocked pursuant to this order or Executive Order 13405; or (E) public corruption related to Belarus. (vi) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in subsections (v)(A)–(E) of this section or any person whose property and interests in property are blocked pursuant to this order; or (vii) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, the Government of Belarus or any person whose property and interests in property are blocked pursu- ant to this order. (b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. Sec. 2. The prohibitions in section 1 of this order include: (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 3. I hereby determine that the making of donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to section 1(a) of this order would seriously impair my ability to deal with the national emergency declared in Executive Order 13405 and expanded in this order, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 4. (a) The unrestricted immigrant and nonimmigrant entry into the United States of noncitizens determined to meet one or more of the criteria in section l of this order would be detrimental to the interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is hereby suspended, except when the Sec- retary of State or the Secretary of Homeland Security, as appropriate, deter- mines that the person’s entry would not be contrary to the interests of the United States, including when the Secretary of State or the Secretary of Homeland Security, as appropriate, so determines, based on a rec- ommendation of the Attorney General, that the person’s entry would further important United States law enforcement objectives. (b) The Secretary of State shall implement this order as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. (c) The Secretary of Homeland Security shall implement this order as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish. VerDate Sep<11>2014 17:39 Aug 10, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\11AUE0.SGM 11AUE0 jbell on DSKJLSW7X2PROD with EXECORD 43907 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Presidential Documents (d) Such persons shall be treated by this section in the same manner as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibi- tions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 6. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) The term ‘‘Government of Belarus’’ means the Government of Belarus, any political subdivision, agency, or instrumentality thereof, including the National Bank of the Republic of Belarus, and any person owned, controlled, or directed by, or acting for or on behalf of, the Government of Belarus; (c) the term ‘‘noncitizen’’ means any person who is not a citizen or noncitizen national of the United States; (d) the term ‘‘person’’ means an individual or entity; and (e) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13405 and expanded in this order, there need be no prior notice of a listing or determination made pursuant to this order. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All executive departments and agencies of the United States shall take all appropriate measures within their authority to implement this order. Sec. 9. Nothing in this order shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof. Sec. 10. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 17:39 Aug 10, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\11AUE0.SGM 11AUE0 jbell on DSKJLSW7X2PROD with EXECORD 43908 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Presidential Documents (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, August 9, 2021. [FR Doc. 2021–17253 Filed 8–10–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 17:39 Aug 10, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\11AUE0.SGM 11AUE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Blocking Property of Additional Persons Contributing to the Situation in Belarus

2021-08-09T00:00:00

fe7995254c2b80ace9ad0ea3f0687d43807f21a25c37bc4c038fe0159dcda5d1

Presidential Executive Order

2021-15069 (14036)

Presidential Documents 36987 Federal Register Vol. 86, No. 132 Wednesday, July 14, 2021 Title 3— The President Executive Order 14036 of July 9, 2021 Promoting Competition in the American Economy By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the interests of American workers, businesses, and consumers, it is hereby ordered as follows: Section 1. Policy. A fair, open, and competitive marketplace has long been a cornerstone of the American economy, while excessive market concentra- tion threatens basic economic liberties, democratic accountability, and the welfare of workers, farmers, small businesses, startups, and consumers. The American promise of a broad and sustained prosperity depends on an open and competitive economy. For workers, a competitive marketplace creates more high-quality jobs and the economic freedom to switch jobs or negotiate a higher wage. For small businesses and farmers, it creates more choices among suppliers and major buyers, leading to more take- home income, which they can reinvest in their enterprises. For entrepreneurs, it provides space to experiment, innovate, and pursue the new ideas that have for centuries powered the American economy and improved our quality of life. And for consumers, it means more choices, better service, and lower prices. Robust competition is critical to preserving America’s role as the world’s leading economy. Yet over the last several decades, as industries have consolidated, competition has weakened in too many markets, denying Americans the benefits of an open economy and widening racial, income, and wealth inequality. Fed- eral Government inaction has contributed to these problems, with workers, farmers, small businesses, and consumers paying the price. Consolidation has increased the power of corporate employers, making it harder for workers to bargain for higher wages and better work conditions. Powerful companies require workers to sign non-compete agreements that restrict their ability to change jobs. And, while many occupational licenses are critical to increasing wages for workers and especially workers of color, some overly restrictive occupational licensing requirements can impede work- ers’ ability to find jobs and to move between States. Consolidation in the agricultural industry is making it too hard for small family farms to survive. Farmers are squeezed between concentrated market power in the agricultural input industries—seed, fertilizer, feed, and equip- ment suppliers—and concentrated market power in the channels for selling agricultural products. As a result, farmers’ share of the value of their agricul- tural products has decreased, and poultry farmers, hog farmers, cattle ranch- ers, and other agricultural workers struggle to retain autonomy and to make sustainable returns. The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage. Too many small businesses across the economy depend on those platforms and a few online marketplaces for their survival. And too many local newspapers have shuttered or downsized, in part due to the internet platforms’ dominance in advertising markets. VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36988 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents Americans are paying too much for prescription drugs and healthcare serv- ices—far more than the prices paid in other countries. Hospital consolidation has left many areas, particularly rural communities, with inadequate or more expensive healthcare options. And too often, patent and other laws have been misused to inhibit or delay—for years and even decades—competi- tion from generic drugs and biosimilars, denying Americans access to lower- cost drugs. In the telecommunications sector, Americans likewise pay too much for broadband, cable television, and other communications services, in part because of a lack of adequate competition. In the financial-services sector, consumers pay steep and often hidden fees because of industry consolidation. Similarly, the global container shipping industry has consolidated into a small number of dominant foreign-owned lines and alliances, which can disadvantage American exporters. The problem of economic consolidation now spans these sectors and many others, endangering our ability to rebuild and emerge from the coronavirus disease 2019 (COVID–19) pandemic with a vibrant, innovative, and growing economy. Meanwhile, the United States faces new challenges to its economic standing in the world, including unfair competitive pressures from foreign monopolies and firms that are state-owned or state-sponsored, or whose market power is directly supported by foreign governments. We must act now to reverse these dangerous trends, which constrain the growth and dynamism of our economy, impair the creation of high-quality jobs, and threaten America’s economic standing in the world. This order affirms that it is the policy of my Administration to enforce the antitrust laws to combat the excessive concentration of industry, the abuses of market power, and the harmful effects of monopoly and monop- sony—especially as these issues arise in labor markets, agricultural markets, Internet platform industries, healthcare markets (including insurance, hos- pital, and prescription drug markets), repair markets, and United States markets directly affected by foreign cartel activity. It is also the policy of my Administration to enforce the antitrust laws to meet the challenges posed by new industries and technologies, including the rise of the dominant Internet platforms, especially as they stem from serial mergers, the acquisition of nascent competitors, the aggregation of data, unfair competition in attention markets, the surveillance of users, and the presence of network effects. Whereas decades of industry consolidation have often led to excessive market concentration, this order reaffirms that the United States retains the authority to challenge transactions whose previous consummation was in violation of the Sherman Antitrust Act (26 Stat. 209, 15 U.S.C. 1 et seq.) (Sherman Act), the Clayton Antitrust Act (Public Law 63–212, 38 Stat. 730, 15 U.S.C. 12 et seq.) (Clayton Act), or other laws. See 15 U.S.C. 18; Standard Oil Co. v. United States, 221 U.S. 1 (1911). This order reasserts as United States policy that the answer to the rising power of foreign monopolies and cartels is not the tolerance of domestic monopolization, but rather the promotion of competition and innovation by firms small and large, at home and worldwide. It is also the policy of my Administration to support aggressive legislative reforms that would lower prescription drug prices, including by allowing Medicare to negotiate drug prices, by imposing inflation caps, and through other related reforms. It is further the policy of my Administration to support the enactment of a public health insurance option. My Administration further reaffirms the policy stated in Executive Order 13725 of April 15, 2016 (Steps to Increase Competition and Better Inform Consumers and Workers to Support Continued Growth of the American Economy), and the Federal Government’s commitment to the principles that led to the passage of the Sherman Act, the Clayton Act, the Packers and VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36989 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents Stockyards Act, 1921 (Public Law 67–51, 42 Stat. 159, 7 U.S.C. 181 et seq.) (Packers and Stockyards Act), the Celler-Kefauver Antimerger Act (Pub- lic Law 81–899, 64 Stat. 1125), the Bank Merger Act (Public Law 86– 463, 74 Stat. 129, 12 U.S.C. 1828), and the Telecommunications Act of 1996 (Public Law 104–104, 110 Stat. 56), among others. Sec. 2. The Statutory Basis of a Whole-of-Government Competition Policy. (a) The antitrust laws, including the Sherman Act, the Clayton Act, and the Federal Trade Commission Act (Public Law 63–203, 38 Stat. 717, 15 U.S.C. 41 et seq.), are a first line of defense against the monopolization of the American economy. (b) The antitrust laws reflect an underlying policy favoring competition that transcends those particular enactments. As the Supreme Court has stated, for instance, the Sherman Act ‘‘rests on the premise that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality and the greatest material progress, while at the same time providing an environment conducive to the preservation of our democratic political and social institutions.’’ Northern Pac. Ry. Co. v. United States, 356 U.S. 1, 4 (1958). (c) Consistent with these broader policies, and in addition to the traditional antitrust laws, the Congress has also enacted industry-specific fair competi- tion and anti-monopolization laws that often provide additional protections. Such enactments include the Packers and Stockyards Act, the Federal Alcohol Administration Act (Public Law 74–401, 49 Stat. 977, 27 U.S.C. 201 et seq.), the Bank Merger Act, the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98–417, 98 Stat. 1585), the Shipping Act of 1984 (Public Law 98–237, 98 Stat. 67, 46 U.S.C. 40101 et seq.) (Shipping Act), the ICC Termination Act of 1995 (Public Law 104–88, 109 Stat. 803), the Telecommunications Act of 1996, the Fairness to Contact Lens Consumers Act (Public Law 108–164, 117 Stat. 2024, 15 U.S.C. 7601 et seq.), and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203, 124 Stat. 1376) (Dodd-Frank Act). (d) These statutes independently charge a number of executive departments and agencies (agencies) to protect conditions of fair competition in one or more ways, including by: (i) policing unfair, deceptive, and abusive business practices; (ii) resisting consolidation and promoting competition within industries through the independent oversight of mergers, acquisitions, and joint ven- tures; (iii) promulgating rules that promote competition, including the market entry of new competitors; and (iv) promoting market transparency through compelled disclosure of infor- mation. (e) The agencies that administer such or similar authorities include the Department of the Treasury, the Department of Agriculture, the Department of Health and Human Services, the Department of Transportation, the Federal Reserve System, the Federal Trade Commission (FTC), the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, the Fed- eral Communications Commission, the Federal Maritime Commission, the Commodity Futures Trading Commission, the Federal Energy Regulatory Commission, the Consumer Financial Protection Bureau, and the Surface Transportation Board. (f) Agencies can influence the conditions of competition through their exercise of regulatory authority or through the procurement process. See 41 U.S.C. 1705. (g) This order recognizes that a whole-of-government approach is necessary to address overconcentration, monopolization, and unfair competition in the American economy. Such an approach is supported by existing statutory mandates. Agencies can and should further the polices set forth in section VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36990 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents 1 of this order by, among other things, adopting pro-competitive regulations and approaches to procurement and spending, and by rescinding regulations that create unnecessary barriers to entry that stifle competition. Sec. 3. Agency Cooperation in Oversight, Investigation, and Remedies. (a) The Congress frequently has created overlapping agency jurisdiction in the policing of anticompetitive conduct and the oversight of mergers. It is the policy of my Administration that, when agencies have overlapping jurisdic- tion, they should endeavor to cooperate fully in the exercise of their oversight authority, to benefit from the respective expertise of the agencies and to improve Government efficiency. (b) Where there is overlapping jurisdiction over particular cases, conduct, transactions, or industries, agencies are encouraged to coordinate their efforts, as appropriate and consistent with applicable law, with respect to: (i) the investigation of conduct potentially harmful to competition; (ii) the oversight of proposed mergers, acquisitions, and joint ventures; and (iii) the design, execution, and oversight of remedies. (c) The means of cooperation in cases of overlapping jurisdiction should include, as appropriate and consistent with applicable law: (i) sharing relevant information and industry data; (ii) in the case of major transactions, soliciting and giving significant consideration to the views of the Attorney General or the Chair of the FTC, as applicable; and (iii) cooperating with any concurrent Department of Justice or FTC over- sight activities under the Sherman Act or Clayton Act. (d) Nothing in subsections (a) through (c) of this section shall be construed to suggest that the statutory standard applied by an agency, or its independent assessment under that standard, should be displaced or substituted by the judgment of the Attorney General or the Chair of the FTC. When their views are solicited, the Attorney General and the Chair of the FTC are encouraged to provide a response to the agency in time for the agency to consider it in advance of any statutory deadline for agency action. Sec. 4. The White House Competition Council. (a) There is established a White House Competition Council (Council) within the Executive Office of the President. (b) The Council shall coordinate, promote, and advance Federal Govern- ment efforts to address overconcentration, monopolization, and unfair com- petition in or directly affecting the American economy, including efforts to: (i) implement the administrative actions identified in this order; (ii) develop procedures and best practices for agency cooperation and coordination on matters of overlapping jurisdiction, as described in section 3 of this order; (iii) identify and advance any additional administrative actions necessary to further the policies set forth in section 1 of this order; and (iv) identify any potential legislative changes necessary to further the policies set forth in section 1 of this order. (c) The Council shall work across agencies to provide a coordinated re- sponse to overconcentration, monopolization, and unfair competition in or directly affecting the American economy. The Council shall also work with each agency to ensure that agency operations are conducted in a manner that promotes fair competition, as appropriate and consistent with applicable law. (d) The Council shall not discuss any current or anticipated enforcement actions. VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36991 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents (e) The Council shall be led by the Assistant to the President for Economic Policy and Director of the National Economic Council, who shall serve as Chair of the Council. (f) In addition to the Chair, the Council shall consist of the following members: (i) the Secretary of the Treasury; (ii) the Secretary of Defense; (iii) the Attorney General; (iv) the Secretary of Agriculture; (v) the Secretary of Commerce; (vi) the Secretary of Labor; (vii) the Secretary of Health and Human Services; (viii) the Secretary of Transportation; (ix) the Administrator of the Office of Information and Regulatory Affairs; and (x) the heads of such other agencies and offices as the Chair may from time to time invite to participate. (g) The Chair shall invite the participation of the Chair of the FTC, the Chair of the Federal Communications Commission, the Chair of the Federal Maritime Commission, the Director of the Consumer Financial Protec- tion Bureau, and the Chair of the Surface Transportation Board, to the extent consistent with their respective statutory authorities and obligations. (h) Members of the Council shall designate, not later than 30 days after the date of this order, a senior official within their respective agency or office who shall coordinate with the Council and who shall be responsible for overseeing the agency’s or office’s efforts to address overconcentration, monopolization, and unfair competition. The Chair may coordinate subgroups consisting exclusively of Council members or their designees, as appropriate. (i) The Council shall meet on a semi-annual basis unless the Chair deter- mines that a meeting is unnecessary. (j) Each agency shall bear its own expenses for participating in the Council. Sec. 5. Further Agency Responsibilities. (a) The heads of all agencies shall consider using their authorities to further the policies set forth in section 1 of this order, with particular attention to: (i) the influence of any of their respective regulations, particularly any licensing regulations, on concentration and competition in the industries under their jurisdiction; and (ii) the potential for their procurement or other spending to improve the competitiveness of small businesses and businesses with fair labor practices. (b) The Attorney General, the Chair of the FTC, and the heads of other agencies with authority to enforce the Clayton Act are encouraged to enforce the antitrust laws fairly and vigorously. (c) To address the consolidation of industry in many markets across the economy, as described in section 1 of this order, the Attorney General and the Chair of the FTC are encouraged to review the horizontal and vertical merger guidelines and consider whether to revise those guidelines. (d) To avoid the potential for anticompetitive extension of market power beyond the scope of granted patents, and to protect standard-setting processes from abuse, the Attorney General and the Secretary of Commerce are encour- aged to consider whether to revise their position on the intersection of the intellectual property and antitrust laws, including by considering whether to revise the Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments issued jointly by the Department VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36992 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents of Justice, the United States Patent and Trademark Office, and the National Institute of Standards and Technology on December 19, 2019. (e) To ensure Americans have choices among financial institutions and to guard against excessive market power, the Attorney General, in consulta- tion with the Chairman of the Board of Governors of the Federal Reserve System, the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation, and the Comptroller of the Currency, is encouraged to review current practices and adopt a plan, not later than 180 days after the date of this order, for the revitalization of merger oversight under the Bank Merger Act and the Bank Holding Company Act of 1956 (Public Law 84–511, 70 Stat. 133, 12 U.S.C. 1841 et seq.) that is in accordance with the factors enumerated in 12 U.S.C. 1828(c) and 1842(c). (f) To better protect workers from wage collusion, the Attorney General and the Chair of the FTC are encouraged to consider whether to revise the Antitrust Guidance for Human Resource Professionals of October 2016. (g) To address agreements that may unduly limit workers’ ability to change jobs, the Chair of the FTC is encouraged to consider working with the rest of the Commission to exercise the FTC’s statutory rulemaking authority under the Federal Trade Commission Act to curtail the unfair use of non- compete clauses and other clauses or agreements that may unfairly limit worker mobility. (h) To address persistent and recurrent practices that inhibit competition, the Chair of the FTC, in the Chair’s discretion, is also encouraged to consider working with the rest of the Commission to exercise the FTC’s statutory rulemaking authority, as appropriate and consistent with applicable law, in areas such as: (i) unfair data collection and surveillance practices that may damage com- petition, consumer autonomy, and consumer privacy; (ii) unfair anticompetitive restrictions on third-party repair or self-repair of items, such as the restrictions imposed by powerful manufacturers that prevent farmers from repairing their own equipment; (iii) unfair anticompetitive conduct or agreements in the prescription drug industries, such as agreements to delay the market entry of generic drugs or biosimilars; (iv) unfair competition in major Internet marketplaces; (v) unfair occupational licensing restrictions; (vi) unfair tying practices or exclusionary practices in the brokerage or listing of real estate; and (vii) any other unfair industry-specific practices that substantially inhibit competition. (i) The Secretary of Agriculture shall: (i) to address the unfair treatment of farmers and improve conditions of competition in the markets for their products, consider initiating a rulemaking or rulemakings under the Packers and Stockyards Act to strengthen the Department of Agriculture’s regulations concerning unfair, unjustly discriminatory, or deceptive practices and undue or unreasonable preferences, advantages, prejudices, or disadvantages, with the purpose of furthering the vigorous implementation of the law established by the Congress in 1921 and fortified by amendments. In such rulemaking or rulemakings, the Secretary of Agriculture shall consider, among other things: (A) providing clear rules that identify recurrent practices in the livestock, meat, and poultry industries that are unfair, unjustly discriminatory, or deceptive and therefore violate the Packers and Stockyards Act; (B) reinforcing the long-standing Department of Agriculture interpretation that it is unnecessary under the Packers and Stockyards Act to demonstrate VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36993 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents industry-wide harm to establish a violation of the Act and that the ‘‘unfair, unjustly discriminatory, or deceptive’’ treatment of one farmer, the giving to one farmer of an ‘‘undue or unreasonable preference or advantage,’’ or the subjection of one farmer to an ‘‘undue or unreasonable prejudice or disadvantage in any respect’’ violates the Act; (C) prohibiting unfair practices related to grower ranking systems—sys- tems in which the poultry companies, contractors, or dealers exercise extraordinary control over numerous inputs that determine the amount farmers are paid and require farmers to assume the risk of factors outside their control, leaving them more economically vulnerable; (D) updating the appropriate definitions or set of criteria, or application thereof, for undue or unreasonable preferences, advantages, prejudices, or disadvantages under the Packers and Stockyards Act; and (E) adopting, to the greatest extent possible and as appropriate and consistent with applicable law, appropriate anti-retaliation protections, so that farmers may assert their rights without fear of retribution; (ii) to ensure consumers have accurate, transparent labels that enable them to choose products made in the United States, consider initiating a rulemaking to define the conditions under which the labeling of meat products can bear voluntary statements indicating that the product is of United States origin, such as ‘‘Product of USA’’; (iii) to ensure that farmers have greater opportunities to access markets and receive a fair return for their products, not later than 180 days after the date of this order, submit a report to the Chair of the White House Competition Council, with a plan to promote competition in the agricul- tural industries and to support value-added agriculture and alternative food distribution systems through such means as: (A) the creation or expansion of useful information for farmers, such as model contracts, to lower transaction costs and help farmers negotiate fair deals; (B) measures to encourage improvements in transparency and standards so that consumers may choose to purchase products that support fair treatment of farmers and agricultural workers and sustainable agricultural practices; (C) measures to enhance price discovery, increase transparency, and improve the functioning of the cattle and other livestock markets; (D) enhanced tools, including any new legislative authorities needed, to protect whistleblowers, monitor agricultural markets, and enforce rel- evant laws; (E) any investments or other support that could bolster competition within highly concentrated agricultural markets; and (F) any other means that the Secretary of Agriculture deems appropriate; (iv) to improve farmers’ and smaller food processors’ access to retail markets, not later than 300 days after the date of this order, in consultation with the Chair of the FTC, submit a report to the Chair of the White House Competition Council, on the effect of retail concentration and retail- ers’ practices on the conditions of competition in the food industries, including any practices that may violate the Federal Trade Commission Act, the Robinson-Patman Act (Public Law 74–692, 49 Stat. 1526, 15 U.S.C. 13 et seq.), or other relevant laws, and on grants, loans, and other support that may enhance access to retail markets by local and regional food enterprises; and (v) to help ensure that the intellectual property system, while incentivizing innovation, does not also unnecessarily reduce competition in seed and other input markets beyond that reasonably contemplated by the Patent Act (see 35 U.S.C. 100 et seq. and 7 U.S.C. 2321 et seq.), in consultation VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36994 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents with the Under Secretary of Commerce for Intellectual Property and Direc- tor of the United States Patent and Trademark Office, submit a report to the Chair of the White House Competition Council, enumerating and describing any relevant concerns of the Department of Agriculture and strategies for addressing those concerns across intellectual property, anti- trust, and other relevant laws. (j) To protect the vibrancy of the American markets for beer, wine, and spirits, and to improve market access for smaller, independent, and new operations, the Secretary of the Treasury, in consultation with the Attorney General and the Chair of the FTC, not later than 120 days after the date of this order, shall submit a report to the Chair of the White House Competi- tion Council, assessing the current market structure and conditions of com- petition, including an assessment of any threats to competition and barriers to new entrants, including: (i) any unlawful trade practices in the beer, wine, and spirits markets, such as certain exclusionary, discriminatory, or anticompetitive distribu- tion practices, that hinder smaller and independent businesses or new entrants from distributing their products; (ii) patterns of consolidation in production, distribution, or retail beer, wine, and spirits markets; and (iii) any unnecessary trade practice regulations of matters such as bottle sizes, permitting, or labeling that may unnecessarily inhibit competition by increasing costs without serving any public health, informational, or tax purpose. (k) To follow up on the foregoing assessment, the Secretary of the Treasury, through the Administrator of the Alcohol and Tobacco Tax and Trade Bureau, shall, not later than 240 days after the date of this order, consider: (i) initiating a rulemaking to update the Alcohol and Tobacco Tax and Trade Bureau’s trade practice regulations; (ii) rescinding or revising any regulations of the beer, wine, and spirits industries that may unnecessarily inhibit competition; and (iii) reducing any barriers that impede market access for smaller and independent brewers, winemakers, and distilleries. (l) To promote competition, lower prices, and a vibrant and innovative telecommunications ecosystem, the Chair of the Federal Communications Commission is encouraged to work with the rest of the Commission, as appropriate and consistent with applicable law, to consider: (i) adopting through appropriate rulemaking ‘‘Net Neutrality’’ rules similar to those previously adopted under title II of the Communications Act of 1934 (Public Law 73–416, 48 Stat. 1064, 47 U.S.C. 151 et seq.), as amended by the Telecommunications Act of 1996, in ‘‘Protecting and Promoting the Open internet,’’ 80 Fed.Reg. 19738 (Apr. 13, 2015); (ii) conducting future spectrum auctions under rules that are designed to help avoid excessive concentration of spectrum license holdings in the United States, so as to prevent spectrum stockpiling, warehousing of spectrum by licensees, or the creation of barriers to entry, and to improve the conditions of competition in industries that depend upon radio spectrum, including mobile communications and radio-based broadband services; (iii) providing support for the continued development and adoption of 5G Open Radio Access Network (O-RAN) protocols and software, con- tinuing to attend meetings of voluntary and consensus-based standards development organizations, so as to promote or encourage a fair and representative standard-setting process, and undertaking any other meas- ures that might promote increased openness, innovation, and competition in the markets for 5G equipment; (iv) prohibiting unjust or unreasonable early termination fees for end- user communications contracts, enabling consumers to more easily switch providers; VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36995 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents (v) initiating a rulemaking that requires broadband service providers to display a broadband consumer label, such as that as described in the Public Notice of the Commission issued on April 4, 2016 (DA 16–357), so as to give consumers clear, concise, and accurate information regarding provider prices and fees, performance, and network practices; (vi) initiating a rulemaking to require broadband service providers to regu- larly report broadband price and subscription rates to the Federal Commu- nications Commission for the purpose of disseminating that information to the public in a useful manner, to improve price transparency and market functioning; and (vii) initiating a rulemaking to prevent landlords and cable and Internet service providers from inhibiting tenants’ choices among providers. (m) The Secretary of Transportation shall: (i) to better protect consumers and improve competition, and as appropriate and consistent with applicable law: (A) not later than 30 days after the date of this order, appoint or reappoint members of the Advisory Committee for Aviation Consumer Protection to ensure fair representation of consumers, State and local interests, airlines, and airports with respect to the evaluation of aviation consumer protection programs and convene a meeting of the Committee as soon as practicable; (B) promote enhanced transparency and consumer safeguards, as appro- priate and consistent with applicable law, including through potential rulemaking, enforcement actions, or guidance documents, with the aims of: (1) enhancing consumer access to airline flight information so that consumers can more easily find a broader set of available flights, in- cluding by new or lesser known airlines; and (2) ensuring that consumers are not exposed or subject to advertising, marketing, pricing, and charging of ancillary fees that may constitute an unfair or deceptive practice or an unfair method of competition; (C) not later than 45 days after the date of this order, submit a report to the Chair of the White House Competition Council, on the progress of the Department of Transportation’s investigatory and enforcement activi- ties to address the failure of airlines to provide timely refunds for flights cancelled as a result of the COVID–19 pandemic; (D) not later than 45 days after the date of this order, publish for notice and comment a proposed rule requiring airlines to refund baggage fees when a passenger’s luggage is substantially delayed and other ancillary fees when passengers pay for a service that is not provided; (E) not later than 60 days after the date of this order, start development of proposed amendments to the Department of Transportation’s definitions of ‘‘unfair’’ and ‘‘deceptive’’ in 49 U.S.C. 41712; and (F) not later than 90 days after the date of this order, consider initiating a rulemaking to ensure that consumers have ancillary fee information, including ‘‘baggage fees,’’ ‘‘change fees,’’ and ‘‘cancellation fees,’’ at the time of ticket purchase; (ii) to provide consumers with more flight options at better prices and with improved service, and to extend opportunities for competition and market entry as the industry evolves: (A) not later than 30 days after the date of this order, convene a working group within the Department of Transportation to evaluate the effectiveness of existing commercial aviation programs, consumer protections, and rules of the Federal Aviation Administration; (B) consult with the Attorney General regarding means of enhancing effective coordination between the Department of Justice and the Depart- ment of Transportation to ensure competition in air transportation and the ability of new entrants to gain access; and VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36996 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents (C) consider measures to support airport development and increased capacity and improve airport congestion management, gate access, imple- mentation of airport competition plans pursuant to 49 U.S.C. 47106(f), and ‘‘slot’’ administration; (iii) given the emergence of new aerospace-based transportation tech- nologies, such as low-altitude unmanned aircraft system deliveries, ad- vanced air mobility, and high-altitude long endurance operations, that have great potential for American travelers and consumers, yet also the danger of early monopolization or new air traffic control problems, ensure that the Department of Transportation takes action with respect to these technologies to: (A) facilitate innovation that fosters United States market leadership and market entry to promote competition and economic opportunity and to resist monopolization, while also ensuring safety, providing security and privacy, protecting the environment, and promoting equity; and (B) provide vigilant oversight over market participants. (n) To further competition in the rail industry and to provide accessible remedies for shippers, the Chair of the Surface Transportation Board (Chair) is encouraged to work with the rest of the Board to: (i) consider commencing or continuing a rulemaking to strengthen regula- tions pertaining to reciprocal switching agreements pursuant to 49 U.S.C. 11102(c), if the Chair determines such rulemaking to be in the public interest or necessary to provide competitive rail service; (ii) consider rulemakings pertaining to any other relevant matter of competi- tive access, including bottleneck rates, interchange commitments, or other matters, consistent with the policies set forth in section 1 of this order; (iii) to ensure that passenger rail service is not subject to unwarranted delays and interruptions in service due to host railroads’ failure to comply with the required preference for passenger rail, vigorously enforce new on-time performance requirements adopted pursuant to the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–423, 122 Stat. 4907) that will take effect on July 1, 2021, and further the work of the passenger rail working group formed to ensure that the Surface Trans- portation Board will fully meet its obligations; and (iv) in the process of determining whether a merger, acquisition, or other transaction involving rail carriers is consistent with the public interest under 49 U.S.C. 11323–25, consider a carrier’s fulfillment of its responsibil- ities under 49 U.S.C. 24308 (relating to Amtrak’s statutory rights). (o) The Chair of the Federal Maritime Commission is encouraged to work with the rest of the Commission to: (i) vigorously enforce the prohibition of unjust and unreasonable practices in the context of detention and demurrage pursuant to the Shipping Act, as clarified in ‘‘Interpretive Rule on Demurrage and Detention Under the Shipping Act,’’ 85 Fef. Reg. 29638 (May 18, 2020); (ii) request from the National Shipper Advisory Committee recommenda- tions for improving detention and demurrage practices and enforcement of related Shipping Act prohibitions; and (iii) consider further rulemaking to improve detention and demurrage prac- tices and enforcement of related Shipping Act prohibitions. (p) The Secretary of Health and Human Services shall: (i) to promote the wide availability of low-cost hearing aids, not later than 120 days after the date of this order, publish for notice and comment a proposed rule on over-the-counter hearing-aids, as called for by section 709 of the FDA Reauthorization Act of 2017 (Public Law 115–52, 131 Stat. 1005); (ii) support existing price transparency initiatives for hospitals, other pro- viders, and insurers along with any new price transparency initiatives VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36997 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents or changes made necessary by the No Surprises Act (Public Law 116– 260, 134 Stat. 2758) or any other statutes; (iii) to ensure that Americans can choose health insurance plans that meet their needs and compare plan offerings, implement standardized options in the national Health Insurance Marketplace and any other appro- priate mechanisms to improve competition and consumer choice; (iv) not later than 45 days after the date of this order, submit a report to the Assistant to the President for Domestic Policy and Director of the Domestic Policy Council and to the Chair of the White House Competi- tion Council, with a plan to continue the effort to combat excessive pricing of prescription drugs and enhance domestic pharmaceutical supply chains, to reduce the prices paid by the Federal Government for such drugs, and to address the recurrent problem of price gouging; (v) to lower the prices of and improve access to prescription drugs and biologics, continue to promote generic drug and biosimilar competition, as contemplated by the Drug Competition Action Plan of 2017 and Bio- similar Action Plan of 2018 of the Food and Drug Administration (FDA), including by: (A) continuing to clarify and improve the approval framework for generic drugs and biosimilars to make generic drug and biosimilar approval more transparent, efficient, and predictable, including improving and clarifying the standards for interchangeability of biological products; (B) as authorized by the Advancing Education on Biosimilars Act of 2021 (Public Law 117–8, 135 Stat. 254, 42 U.S.C. 263–1), supporting biosimilar product adoption by providing effective educational materials and communications to improve understanding of biosimilar and inter- changeable products among healthcare providers, patients, and caregivers; (C) to facilitate the development and approval of biosimilar and inter- changeable products, continuing to update the FDA’s biologics regulations to clarify existing requirements and procedures related to the review and submission of Biologics License Applications by advancing the ‘‘Biologics Regulation Modernization’’ rulemaking (RIN 0910–AI14); and (D) with the Chair of the FTC, identifying and addressing any efforts to impede generic drug and biosimilar competition, including but not limited to false, misleading, or otherwise deceptive statements about ge- neric drug and biosimilar products and their safety or effectiveness; (vi) to help ensure that the patent system, while incentivizing innovation, does not also unjustifiably delay generic drug and biosimilar competition beyond that reasonably contemplated by applicable law, not later than 45 days after the date of this order, through the Commissioner of Food and Drugs, write a letter to the Under Secretary of Commerce for Intellec- tual Property and Director of the United States Patent and Trademark Office enumerating and describing any relevant concerns of the FDA; (vii) to support the market entry of lower-cost generic drugs and biosimilars, continue the implementation of the law widely known as the CREATES Act of 2019 (Public Law 116–94, 133 Stat. 3130), by: (A) promptly issuing Covered Product Authorizations (CPAs) to assist product developers with obtaining brand-drug samples; and (B) issuing guidance to provide additional information for industry about CPAs; and (viii) through the Administrator of the Centers for Medicare and Medicaid Services, prepare for Medicare and Medicaid coverage of interchangeable biological products, and for payment models to support increased utiliza- tion of generic drugs and biosimilars. (q) To reduce the cost of covered products to the American consumer without imposing additional risk to public health and safety, the Commis- sioner of Food and Drugs shall work with States and Indian Tribes that VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36998 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents propose to develop section 804 Importation Programs in accordance with the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173, 117 Stat. 2066), and the FDA’s implementing regulations. (r) The Secretary of Commerce shall: (i) acting through the Director of the National Institute of Standards and Technology (NIST), consider initiating a rulemaking to require agencies to report to NIST, on an annual basis, their contractors’ utilization activi- ties, as reported to the agencies under 35 U.S.C. 202(c)(5); (ii) acting through the Director of NIST, consistent with the policies set forth in section 1 of this order, consider not finalizing any provisions on march-in rights and product pricing in the proposed rule ‘‘Rights to Federally Funded Inventions and Licensing of Government Owned In- ventions,’’ 86 Fed. Reg. 35 (Jan. 4, 2021); and (iii) not later than 1 year after the date of this order, in consultation with the Attorney General and the Chair of the Federal Trade Commission, conduct a study, including by conducting an open and transparent stake- holder consultation process, of the mobile application ecosystem, and submit a report to the Chair of the White House Competition Council, regarding findings and recommendations for improving competition, reduc- ing barriers to entry, and maximizing user benefit with respect to the ecosystem. (s) The Secretary of Defense shall: (i) ensure that the Department of Defense’s assessment of the economic forces and structures shaping the capacity of the national security innova- tion base pursuant to section 889(a) and (b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283, 134 Stat. 3388) is consistent with the policy set forth in section 1 of this order; (ii) not later than 180 days after the date of this order, submit to the Chair of the White House Competition Council, a review of the state of competition within the defense industrial base, including areas where a lack of competition may be of concern and any recommendations for improving the solicitation process, consistent with the goal of the Competi- tion in Contracting Act of 1984 (Public Law 98–369, 98 Stat. 1175); and (iii) not later than 180 days after the date of this order, submit a report to the Chair of the White House Competition Council, on a plan for avoiding contract terms in procurement agreements that make it challenging or impossible for the Department of Defense or service members to repair their own equipment, particularly in the field. (t) The Director of the Consumer Financial Protection Bureau, consistent with the pro-competition objectives stated in section 1021 of the Dodd- Frank Act, is encouraged to consider: (i) commencing or continuing a rulemaking under section 1033 of the Dodd-Frank Act to facilitate the portability of consumer financial trans- action data so consumers can more easily switch financial institutions and use new, innovative financial products; and (ii) enforcing the prohibition on unfair, deceptive, or abusive acts or practices in consumer financial products or services pursuant to section 1031 of the Dodd-Frank Act so as to ensure that actors engaged in unlawful activities do not distort the proper functioning of the competitive process or obtain an unfair advantage over competitors who follow the law. (u) The Director of the Office of Management and Budget, through the Administrator of the Office of Information and Regulatory Affairs, shall incorporate into its recommendations for modernizing and improving regu- latory review required by my Memorandum of January 20, 2021 (Modernizing Regulatory Review), the policies set forth in section 1 of this order, including consideration of whether the effects on competition and the potential for creation of barriers to entry should be included in regulatory impact analyses. VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 lotter on DSK11XQN23PROD with FR_PREZDOC1 36999 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Presidential Documents (v) The Secretary of the Treasury shall: (i) direct the Office of Economic Policy, in consultation with the Attorney General, the Secretary of Labor, and the Chair of the FTC, to submit a report to the Chair of the White House Competition Council, not later than 180 days after the date of this order, on the effects of lack of competition on labor markets; and (ii) submit a report to the Chair of the White House Competition Council, not later than 270 days after the date of this order, assessing the effects on competition of large technology firms’ and other non-bank companies’ entry into consumer finance markets. Sec. 6. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (b) Where not already specified, independent agencies are encouraged to comply with the requirements of this order. (c) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (d) 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, July 9, 2021. [FR Doc. 2021–15069 Filed 7–13–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:51 Jul 13, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 BIDEN.EPS</GPH> lotter on DSK11XQN23PROD with FR_PREZDOC1

Promoting Competition in the American Economy

2021-07-09T00:00:00

31cb21a4e1958e8c93825918a638bfa4a6579ff521322b171173fdfbe5db54ec

Presidential Executive Order

2021-12506 (14034)

Presidential Documents 31423 Federal Register Vol. 86, No. 111 Friday, June 11, 2021 Title 3— The President Executive Order 14034 of June 9, 2021 Protecting Americans’ Sensitive Data From Foreign Adver- saries By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, find that it is appropriate to elaborate upon measures to address the national emergency with respect to the information and communications technology and services supply chain that was declared in Executive Order 13873 of May 15, 2019 (Securing the Information and Communications Technology and Services Supply Chain). Specifically, the increased use in the United States of certain connected software applications designed, developed, manu- factured, or supplied by persons owned or controlled by, or subject to the jurisdiction or direction of, a foreign adversary, which the Secretary of Commerce acting pursuant to Executive Order 13873 has defined to include the People’s Republic of China, among others, continues to threaten the national security, foreign policy, and economy of the United States. The Federal Government should evaluate these threats through rigorous, evidence-based analysis and should address any unacceptable or undue risks consistent with overall national security, foreign policy, and economic objectives, including the preservation and demonstration of America’s core values and fundamental freedoms. By operating on United States information and communications technology devices, including personal electronic devices such as smartphones, tablets, and computers, connected software applications can access and capture vast swaths of information from users, including United States persons’ personal information and proprietary business information. This data collec- tion threatens to provide foreign adversaries with access to that information. Foreign adversary access to large repositories of United States persons’ data also presents a significant risk. In evaluating the risks of a connected software application, several factors should be considered. Consistent with the criteria established in Executive Order 13873, and in addition to the criteria set forth in implementing regulations, potential indicators of risk relating to connected software applica- tions include: ownership, control, or management by persons that support a foreign adversary’s military, intelligence, or proliferation activities; use of the connected software application to conduct surveillance that enables espionage, including through a foreign adversary’s access to sensitive or confidential government or business information, or sensitive personal data; ownership, control, or management of connected software applications by persons subject to coercion or cooption by a foreign adversary; ownership, control, or management of connected software applications by persons in- volved in malicious cyber activities; a lack of thorough and reliable third- party auditing of connected software applications; the scope and sensitivity of the data collected; the number and sensitivity of the users of the connected software application; and the extent to which identified risks have been or can be addressed by independently verifiable measures. VerDate Sep<11>2014 20:14 Jun 10, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM 11JNE0 jbell on DSKJLSW7X2PROD with EXECORD 31424 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Presidential Documents The ongoing emergency declared in Executive Order 13873 arises from a variety of factors, including the continuing effort of foreign adversaries to steal or otherwise obtain United States persons’ data. That continuing effort by foreign adversaries constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. To address this threat, the United States must act to protect against the risks associated with connected software applications that are designed, developed, manufactured, or supplied by persons owned or controlled by, or subject to the jurisdiction or direction of, a foreign adversary. Additionally, the United States seeks to promote accountability for persons who engage in serious human rights abuse. If persons who own, control, or manage connected software applications engage in serious human rights abuse or otherwise facilitate such abuse, the United States may impose consequences on those persons in action separate from this order. Accordingly, it is hereby ordered that: Section 1. Revocation of Presidential Actions. The following orders are re- voked: Executive Order 13942 of August 6, 2020 (Addressing the Threat Posed by TikTok, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain); Executive Order 13943 of August 6, 2020 (Ad- dressing the Threat Posed by WeChat, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Com- munications Technology and Services Supply Chain); and Executive Order 13971 of January 5, 2021 (Addressing the Threat Posed by Applications and Other Software Developed or Controlled by Chinese Companies). Sec. 2. Implementation. (a) The Director of the Office of Management and Budget and the heads of executive departments and agencies (agencies) shall promptly take steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing Executive Orders 13942, 13943, or 13971, as appropriate and consistent with applicable law, including the Administrative Procedure Act, 5 U.S.C. 551 et seq. In addition, any personnel positions, committees, task forces, or other entities established pursuant to Executive Orders 13942, 13943, or 13971 shall be abolished, as appropriate and consistent with applicable law. (b) Not later than 120 days after the date of this order, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Health and Human Serv- ices, the Secretary of Homeland Security, the Director of National Intelligence, and the heads of other agencies as the Secretary of Commerce deems appro- priate, shall provide a report to the Assistant to the President and National Security Advisor with recommendations to protect against harm from the unrestricted sale of, transfer of, or access to United States persons’ sensitive data, including personally identifiable information, personal health informa- tion, and genetic information, and harm from access to large data repositories by persons owned or controlled by, or subject to the jurisdiction or direction of, a foreign adversary. Not later than 60 days after the date of this order, the Director of National Intelligence shall provide threat assessments, and the Secretary of Homeland Security shall provide vulnerability assessments, to the Secretary of Commerce to support development of the report required by this subsection. (c) Not later than 180 days after the date of this order, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and the heads of other agencies as the Secretary of Commerce deems appropriate, shall provide a report to the Assistant to the President and National Security Advisor recommending additional executive and legislative actions to address the risk associated with connected software applications that are designed, devel- oped, manufactured, or supplied by persons owned or controlled by, or subject to the jurisdiction or direction of, a foreign adversary. VerDate Sep<11>2014 20:14 Jun 10, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM 11JNE0 jbell on DSKJLSW7X2PROD with EXECORD 31425 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Presidential Documents (d) The Secretary of Commerce shall evaluate on a continuing basis trans- actions involving connected software applications that may pose an undue risk of sabotage or subversion of the design, integrity, manufacturing, produc- tion, distribution, installation, operation, or maintenance of information and communications technology or services in the United States; pose an undue risk of catastrophic effects on the security or resiliency of the critical infra- structure or digital economy of the United States; or otherwise pose an unacceptable risk to the national security of the United States or the security and safety of United States persons. Based on the evaluation, the Secretary of Commerce shall take appropriate action in accordance with Executive Order 13873 and its implementing regulations. Sec. 3. Definitions. For purposes of this order: (a) the term ‘‘connected software application’’ means software, a software program, or a group of software programs, that is designed to be used on an end-point computing device and includes as an integral functionality, the ability to collect, process, or transmit data via the internet; (b) the term ‘‘foreign adversary’’ means any foreign government or foreign non-government person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons; (c) the term ‘‘information and communications technology or services’’ means any hardware, software, or other product or service primarily intended to fulfill or enable the function of information or data processing, storage, retrieval, or communication by electronic means, including transmission, storage, and display; (d) the term ‘‘person’’ means an individual or entity; and (e) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 20:14 Jun 10, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM 11JNE0 jbell on DSKJLSW7X2PROD with EXECORD 31426 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Presidential Documents (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, June 9, 2021. [FR Doc. 2021–12506 Filed 6–10–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:14 Jun 10, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM 11JNE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Protecting Americans' Sensitive Data From Foreign Adversaries

2021-06-09T00:00:00

552bcf71f380dc25291a6217f8b510948d22d83b7bc471ce4b4ab7d3b570bfdc

Presidential Executive Order

2021-14127 (14035)

Presidential Documents 34593 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Presidential Documents Executive Order 14035 of June 25, 2021 Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 1104, 3301, and 3302 of title 5, United States Code, and in order to strengthen the Federal workforce by promoting diversity, equity, inclusion, and accessibility, it is hereby ordered as follows: Section 1. Policy. On my first day in office, I signed Executive Order 13985 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government), which established that affirmatively ad- vancing equity, civil rights, racial justice, and equal opportunity is the responsibility of the whole of our Government. To further advance equity within the Federal Government, this order establishes that it is the policy of my Administration to cultivate a workforce that draws from the full diversity of the Nation. As the Nation’s largest employer, the Federal Government must be a model for diversity, equity, inclusion, and accessibility, where all employees are treated with dignity and respect. Accordingly, the Federal Government must strengthen its ability to recruit, hire, develop, promote, and retain our Na- tion’s talent and remove barriers to equal opportunity. It must also provide resources and opportunities to strengthen and advance diversity, equity, inclusion, and accessibility across the Federal Government. The Federal Government should have a workforce that reflects the diversity of the Amer- ican people. A growing body of evidence demonstrates that diverse, equitable, inclusive, and accessible workplaces yield higher-performing organizations. Federal merit system principles include that the Federal Government’s re- cruitment policies should ‘‘endeavor to achieve a work force from all seg- ments of society’’ and that ‘‘[a]ll employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel man- agement’’ (5 U.S.C. 2301(b)(1), (2)). As set forth in Executive Order 13583 of August 18, 2011 (Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce), the Presidential Memorandum of October 5, 2016 (Promoting Diversity and Inclusion in the National Security Workforce), Executive Order 13988 of January 20, 2021 (Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation), the National Security Memorandum of Feb- ruary 4, 2021 (Revitalizing America’s Foreign Policy and National Security Workforce, Institutions, and Partnerships), and Executive Order 14020 of March 8, 2021 (Establishment of the White House Gender Policy Council), the Federal Government is at its best when drawing upon all parts of society, our greatest accomplishments are achieved when diverse perspectives are brought to bear to overcome our greatest challenges, and all persons should receive equal treatment under the law. This order reaffirms support for, and builds upon, the procedures established by Executive Orders 13583, 13988, and 14020, the Presidential Memorandum on Promoting Diversity and Inclusion in the National Security Workforce, and the National Security Memorandum on Revitalizing America’s Foreign Policy and National Security Workforce, Institutions, and Partnerships. This order establishes that diver- sity, equity, inclusion, and accessibility are priorities for my Administration and benefit the entire Federal Government and the Nation, and establishes VerDate Sep<11>2014 16:46 Jun 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\30JNE0.SGM 30JNE0 jbell on DSKJLSW7X2PROD with EXECORD 34594 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Presidential Documents additional procedures to advance these priorities across the Federal work- force. Sec. 2. Definitions. For purposes of this order, in the context of the Federal workforce: (a) The term ‘‘underserved communities’’ refers to populations sharing a particular characteristic, as well as geographic communities, who have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life. In the context of the Federal workforce, this term includes individuals who belong to communities of color, such as Black and African American, Hispanic and Latino, Native American, Alaska Native and Indigenous, Asian American, Native Hawaiian and Pacific Islander, Middle Eastern, and North African persons. It also includes individ- uals who belong to communities that face discrimination based on sex, sexual orientation, and gender identity (including lesbian, gay, bisexual, transgender, queer, gender non-conforming, and non-binary (LGBTQ+) per- sons); persons who face discrimination based on pregnancy or pregnancy- related conditions; parents; and caregivers. It also includes individuals who belong to communities that face discrimination based on their religion or disability; first-generation professionals or first-generation college students; individuals with limited English proficiency; immigrants; individuals who belong to communities that may face employment barriers based on older age or former incarceration; persons who live in rural areas; veterans and military spouses; and persons otherwise adversely affected by persistent poverty, discrimination, or inequality. Individuals may belong to more than one underserved community and face intersecting barriers. (b) The term ‘‘diversity’’ means the practice of including the many commu- nities, identities, races, ethnicities, backgrounds, abilities, cultures, and be- liefs of the American people, including underserved communities. (c) The term ‘‘equity’’ means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment. (d) The term ‘‘inclusion’’ means the recognition, appreciation, and use of the talents and skills of employees of all backgrounds. (e) The term ‘‘accessibility’’ means the design, construction, development, and maintenance of facilities, information and communication technology, programs, and services so that all people, including people with disabilities, can fully and independently use them. Accessibility includes the provision of accommodations and modifications to ensure equal access to employment and participation in activities for people with disabilities, the reduction or elimination of physical and attitudinal barriers to equitable opportunities, a commitment to ensuring that people with disabilities can independently access every outward-facing and internal activity or electronic space, and the pursuit of best practices such as universal design. (f) The term ‘‘agency’’ means any authority of the United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than one considered to be an independent regulatory agency, as defined in 44 U.S.C. 3502(5). Sec. 3. Government-Wide Diversity, Equity, Inclusion, and Accessibility Initia- tive and Strategic Plan. The Director of the Office of Personnel Management (OPM) and the Deputy Director for Management of the Office of Management and Budget (OMB)—in coordination with the Chair of the Equal Employment Opportunity Commission (EEOC) and in consultation with the Secretary of Labor, the Director of the Office of Science and Technology Policy, the Assistant to the President for National Security Affairs, the Assistant to the President for Domestic Policy (APDP), the Director of the National Economic Council, and the Co-Chairs of the Gender Policy Council—shall: (a) reestablish a coordinated Government-wide initiative to promote diver- sity and inclusion in the Federal workforce, expand its scope to specifically include equity and accessibility, and coordinate its implementation with VerDate Sep<11>2014 16:46 Jun 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\30JNE0.SGM 30JNE0 jbell on DSKJLSW7X2PROD with EXECORD 34595 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Presidential Documents the provisions of Executive Order 13985 and the National Security Memo- randum on Revitalizing America’s Foreign Policy and National Security Workforce, Institutions, and Partnerships; (b) develop and issue a Government-wide Diversity, Equity, Inclusion, and Accessibility Strategic Plan (Government-wide DEIA Plan) within 150 days of the date of this order that updates the Government-wide plan required by section 2(b)(i) of Executive Order 13583. The Government-wide DEIA Plan shall be updated as appropriate and at a minimum every 4 years. The Government-wide DEIA Plan shall: (i) define standards of success for diversity, equity, inclusion, and accessi- bility efforts based on leading policies and practices in the public and private sectors; (ii) consistent with merit system principles, identify strategies to advance diversity, equity, inclusion, and accessibility, and eliminate, where applica- ble, barriers to equity, in Federal workforce functions, including: recruit- ment; hiring; background investigation; promotion; retention; performance evaluations and awards; professional development programs; mentoring programs or sponsorship initiatives; internship, fellowship, and apprentice- ship programs; employee resource group and affinity group programs; temporary employee details and assignments; pay and compensation poli- cies; benefits, including health benefits, retirement benefits, and employee services and work-life programs; disciplinary or adverse actions; reasonable accommodations for employees and applicants with disabilities; workplace policies to prevent gender-based violence (including domestic violence, stalking, and sexual violence); reasonable accommodations for employees who are members of religious minorities; and training, learning, and onboarding programs; (iii) include a comprehensive framework to address workplace harassment, including sexual harassment, which clearly defines the term ‘‘harassment’’; outlines policies and practices to prevent, report, respond to, and inves- tigate harassment; promotes mechanisms for employees to report mis- conduct; encourages bystander intervention; and addresses training, edu- cation, and monitoring to create a culture that does not tolerate harassment or other forms of discrimination or retaliation; and (iv) promote a data-driven approach to increase transparency and account- ability, which would build upon, as appropriate, the EEOC’s Management Directive 715 reporting process; (c) establish an updated system for agencies to report regularly on progress in implementing Agency DEIA Strategic Plans (as described in section 4(b) of this order) and in meeting the objectives of this order. New reporting requirements should be aligned with ongoing reporting established by Execu- tive Order 13985 and the National Security Memorandum on Revitalizing America’s Foreign Policy and National Security Workforce, Institutions, and Partnerships. Agency reports on actions taken to meet the objectives of this order shall include measurement of improvements, analysis of the effec- tiveness of agency programs, and descriptions of lessons learned. The Director of OPM and the Deputy Director for Management of OMB shall support agencies in developing workforce policies and practices designed to advance diversity, equity, inclusion, and accessibility throughout agencies by, for example, providing updated guidance and technical assistance to ensure that agencies consistently improve, evaluate, and learn from their workforce practices; (d) pursue opportunities to consolidate implementation efforts and report- ing requirements related to advancing diversity, equity, inclusion, and acces- sibility established through related or overlapping statutory mandates, Presi- dential directives, and regulatory requirements; and VerDate Sep<11>2014 16:46 Jun 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\30JNE0.SGM 30JNE0 jbell on DSKJLSW7X2PROD with EXECORD 34596 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Presidential Documents (e) support, coordinate, and encourage agency efforts to conduct research, evaluation, and other evidence-building activities to identify leading prac- tices, and other promising practices, for broadening participation and oppor- tunities for advancement in Federal employment, and to assess and promote the benefits of diversity, equity, inclusion, and accessibility for Federal performance and operations and barriers to achieving these goals. Agencies should use the capabilities of their evaluation officers and chief statistical officers and requirements under the Foundations for Evidence-Based Policy- making Act of 2018, Public Law 115–435, to advance this goal. Sec. 4. Responsibilities of Executive Departments and Agencies. The head of each agency shall make advancing diversity, equity, inclusion, and accessi- bility a priority component of the agency’s management agenda and agency strategic planning. The head of each agency shall implement the Government- wide DEIA Plan prepared pursuant to section 3 of this order and such other related guidance as issued from time to time by the Director of OPM or the Deputy Director for Management of OMB. In addition, the head of each agency shall: (a) within 100 days of the date of this order, submit to the APDP, the Director of OPM, and the Deputy Director for Management of OMB a prelimi- nary assessment of the current state of diversity, equity, inclusion, and accessibility in the agency’s human resources practices and workforce com- position. In conducting such assessment, the head of each agency should: (i) assess whether agency recruitment, hiring, promotion, retention, profes- sional development, performance evaluations, pay and compensation poli- cies, reasonable accommodations access, and training policies and practices are equitable; (ii) take an evidence-based and data-driven approach to determine whether and to what extent agency practices result in inequitable employment outcomes, and whether agency actions may help to overcome systemic societal and organizational barriers; (iii) assess the status and effects of existing diversity, equity, inclusion, and accessibility initiatives or programs, and review the amount of institu- tional resources available to support human resources activities that ad- vance the objectives outlined in section 1 of this order; and (iv) identify areas where evidence is lacking and propose opportunities to build evidence to advance diversity, equity, inclusion, and accessibility and address those gaps identified; (b) within 120 days of the issuance of the Government-wide DEIA Plan, and annually thereafter, develop and submit to the APDP, the Director of OPM, and the Deputy Director for Management of OMB an Agency Diver- sity, Equity, Inclusion, and Accessibility Strategic Plan (Agency DEIA Stra- tegic Plan), as described by section 3(b) of Executive Order 13583 and as modified by this order. Agency DEIA Strategic Plans should identify actions to advance diversity, equity, inclusion, and accessibility in the work- force and remove any potential barriers to diversity, equity, inclusion, and accessibility in the workforce identified in the assessments described in subsection (a) of this section. Agency DEIA Strategic Plans should also include quarterly goals and actions to advance diversity, equity, inclusion, and accessibility initiatives in the agency workforce and in the agency’s workplace culture; (c) on an annual basis, report to the President on the status of the agency’s efforts to advance diversity, equity, inclusion, and accessibility within the agency, and the agency’s success in implementing the Agency DEIA Strategic Plan. Consistent with guidance issued as part of the Government-wide DEIA Plan, the agency head shall also make available to the general public informa- tion on efforts to advance diversity, equity, inclusion, and accessibility in the agency’s workforce; (d) oversee, and provide resources and staffing to support, the implementa- tion of the Agency DEIA Strategic Plan; VerDate Sep<11>2014 16:46 Jun 29, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\30JNE0.SGM 30JNE0 jbell on DSKJLSW7X2PROD with EXECORD 34597 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Presidential Documents (e) enhance diversity, equity, inclusion, and accessibility within the agency, in collaboration with the agency’s senior officials and consistent with applica- ble law and merit system principles; (f) seek opportunities to establish a position of chief diversity officer or diversity and inclusion officer (as distinct from an equal employment opportunity officer), with sufficient seniority to coordinate efforts to promote diversity, equity, inclusion, and accessibility within the agency; (g) strongly consider for employment, to the extent permitted by applicable law, qualified applicants of any background who have advanced diversity, equity, inclusion, and accessibility in the workplace; and (h) in coordination with OMB, seek opportunities to ensure alignment across various organizational performance planning requirements and efforts by integrating the Agency DEIA Strategic Plan and diversity, equity, inclu- sion, and accessibility goals into broader agency strategic planning efforts described in 5 U.S.C. 306 and the agency performance planning described in 31 U.S.C. 1115. Sec. 5. Data Collection. (a) The head of each agency shall take a data- driven approach to advancing policies that promote diversity, equity, inclu- sion, and accessibility within the agency’s workforce, while protecting the privacy of employees and safeguarding all personally identifiable information and protected health information. (b) Using Federal standards governing the collection, use, and analysis of demographic data (such as OMB Directive No. 15 (Standards for Maintain- ing, Collecting, and Presenting Federal Data on Race and Ethnicity) and OMB Memorandum M–14–06 (Guidance for Providing and Using Administra- tive Data for Statistical Purposes)), the head of each agency shall measure demographic representation and trends related to diversity in the agency’s overall workforce composition, senior workforce composition, employment applications, hiring decisions, promotions, pay and compensation, profes- sional development programs, and attrition rates. (c) The Director of OPM, the Chair of the EEOC, and the Deputy Director for Management of OMB shall review existing guidance, regulations, policies, and practices (for purposes of this section, ‘‘guidance’’) that govern agency collection of demographic data about Federal employees, and consider issuing, modifying, or revoking such guidance in order to expand the collec- tion of such voluntarily self-reported data and more effectively measure the representation of underserved communities in the Federal workforce. In revisiting or issuing any such guidance, the Director of OPM, the Chair of the EEOC, and the Deputy Director for Management of OMB shall take steps to promote the protection of privacy and to safeguard personally identi- fiable information; facilitate intersectional analysis; and reduce duplicative reporting requirements. In considering whether to revisit or issue such guid- ance, the Director of OPM, the Chair of the EEOC, and the Deputy Director for Management of OMB shall consult with the Chief Statistician of the United States, the Chair of the Chief Data Officers Council, and the Co- Chairs of the Interagency Working Group on Equitable Data established in section 9 of Executive Order 13985. (d) The head of each agency shall implement any such revised guidance issued pursuant to subsection (c) of this section to expand the collection of voluntarily self-reported demographic data. The head of each agency shall also take steps to ensure that data collection and analysis practices allow for the capture or presence of multiple attributes and identities to ensure an intersectional analysis. (e) The head of each agency shall collect and analyze voluntarily self- reported demographic data regarding the membership of advisory committees, commissions, and boards in a manner consistent with applicable law, includ- ing privacy and confidentiality protections, and with statistical standards where applicable. For agencies that have external advisory committees, com- missions, or boards to which agencies appoint members, agency heads shall VerDate Sep<11>2014 16:46 Jun 29, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\30JNE0.SGM 30JNE0 jbell on DSKJLSW7X2PROD with EXECORD 34598 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Presidential Documents pursue opportunities to increase diversity, equity, inclusion, and accessibility on such committees, commissions, and boards. Sec. 6. Promoting Paid Internships. (a) The Director of OPM and the Deputy Director for Management of OMB shall issue guidance to agencies and the Executive Office of the President with respect to internships and similar programs within the Federal Government, including guidance on how to: (i) increase the availability of paid internships, fellowships, and apprentice- ships, and reduce the practice of hiring interns, fellows, and apprentices who are unpaid; (ii) ensure that internships, fellowships, and apprenticeships serve as a supplement to, and not a substitute for, the competitive hiring process; (iii) ensure that internships, fellowships, and apprenticeships serve to develop individuals’ talent, knowledge, and skills for careers in government service; (iv) improve outreach to and recruitment of individuals from underserved communities for internship, fellowship, and apprenticeship programs; and (v) ensure all interns, fellows, and apprentices with disabilities, including applicants and candidates, have a process for requesting and obtaining reasonable accommodations to support their work in the Federal Govern- ment, without regard to whether such individuals are covered by the Rehabilitation Act of 1973, Public Law 93–112. (b) The head of each agency shall, as part of the annual reporting process described in section 4(c) of this order, measure and report on the agency’s progress with respect to the matters described in subsection (a) of this section. Sec. 7. Partnerships and Recruitment. (a) The Director of the Office of Science and Technology Policy (OSTP), the Director of OPM, and the Deputy Director for Management of OMB, in consultation with the Chair of the EEOC, shall coordinate a Government-wide initiative to strengthen partner- ships (Partnerships Initiative) to facilitate recruitment for Federal employ- ment opportunities of individuals who are members of underserved commu- nities. To carry out the Partnerships Initiative, the Director of OSTP, the Director of OPM, and the Deputy Director for Management of OMB shall take steps to increase diversity in the Federal employment pipeline by supporting and guiding agencies in building or strengthening partnerships with Historically Black Colleges and Universities, including Historically Black Graduate Institutions; Hispanic-Serving Institutions; Tribal Colleges and Universities; Native American-serving, nontribal institutions; Asian American and Pacific Islander-serving institutions; Tribally controlled col- leges and universities; Alaska Native-serving and Native Hawaiian-serving institutions; Predominantly Black Institutions; women’s colleges and univer- sities; State vocational rehabilitation agencies that serve individuals with disabilities; disability services offices at institutions of higher education; organizations dedicated to serving veterans; public and non-profit private universities serving a high percentage of economically disadvantaged students or first-generation college or graduate students; community colleges and technical schools; and community-based organizations that are dedicated to serving and working with underserved communities, including return- to-work programs, programs that provide training and support for older adults seeking employment, programs serving formerly incarcerated individ- uals, centers for independent living, disability rights organizations, and orga- nizations dedicated to serving LGBTQ+ individuals. (b) The head of each agency shall work with the Director of OSTP, the Director of OPM, and the Deputy Director for Management of OMB to make employment, internship, fellowship, and apprenticeship opportunities available through the Partnerships Initiative, and shall take steps to enhance recruitment efforts through the Partnerships Initiative, as part of the agency’s overall recruitment efforts. The head of each agency shall, as part of the reporting processes described in sections 3(c) and 4(c) of this order, measure and report on the agency’s progress on carrying out this subsection. VerDate Sep<11>2014 16:46 Jun 29, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\30JNE0.SGM 30JNE0 jbell on DSKJLSW7X2PROD with EXECORD 34599 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Presidential Documents Sec. 8. Professional Development and Advancement. (a) The Director of OPM, in consultation with the Deputy Director for Management of OMB, shall issue detailed guidance to agencies for tracking demographic data relating to participation in leadership and professional development programs and development opportunities offered or sponsored by agencies and the rate of the placement of participating employees into senior positions in agencies, in a manner consistent with privacy and confidentiality protections and statistical limitations. (b) The head of each agency shall implement the guidance issued pursuant to subsection (a) of this section, and shall use demographic data relating to participation in professional development programs to identify ways to improve outreach and recruitment for professional development programs offered or sponsored by the agency, consistent with merit system principles. The head of each agency shall also address any barriers to access to or participation in such programs faced by members of underserved commu- nities. Sec. 9. Training and Learning. (a) The head of each agency shall take steps to implement or increase the availability and use of diversity, equity, inclusion, and accessibility training programs for employees, managers, and leadership. Such training programs should enable Federal employees, man- agers, and leaders to have knowledge of systemic and institutional racism and bias against underserved communities, be supported in building skillsets to promote respectful and inclusive workplaces and eliminate workplace harassment, have knowledge of agency accessibility practices, and have in- creased understanding of implicit and unconscious bias. (b) The Director of OPM and the Chair of the EEOC shall issue guidance and serve as a resource and repository for best practices for agencies to develop or enhance existing diversity, equity, inclusion, and accessibility training programs. Sec. 10. Advancing Equity for Employees with Disabilities. (a) As established in Executive Order 13548 of July 26, 2010 (Increasing Federal Employment of Individuals with Disabilities), the Federal Government must become a model for the employment of individuals with disabilities. Because a work- force that includes people with disabilities is a stronger and more effective workforce, agencies must provide an equitable, accessible, and inclusive environment for employees with disabilities. In order for Federal employees and applicants with disabilities to be assessed on their merits, accessible information technologies must be provided and, where needed, reasonable accommodations must be available that will allow qualified individuals with disabilities to perform the essential functions of their positions and access advancement opportunities. To that end, the relevant agencies shall take the actions set forth in this section. (b) The Secretary of Labor, the Director of OPM, the Chair of the EEOC, the Deputy Director for Management of OMB, and the Executive Director of the Architectural and Transportation Barriers Compliance Board (Access Board), in consultation with the Administrator of General Services, as appro- priate, shall coordinate with agencies to: (i) support the Federal Government’s effort to provide people with disabil- ities equal employment opportunities and take affirmative actions within the Federal Government to ensure that agencies fully comply with applica- ble laws, including sections 501, 504, and 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 791, 794, 794d); (ii) assess current practices in using Schedule A hiring authority to employ people with disabilities in the Federal Government, and evaluate opportu- nities to enhance equity in employment opportunities and financial secu- rity for employees with disabilities through different practices or guidance on the use of Schedule A hiring authority; and (iii) ensure that: (A) applicants and employees with disabilities have access to information about and understand their rights regarding disability self-identification; VerDate Sep<11>2014 16:46 Jun 29, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\30JNE0.SGM 30JNE0 jbell on DSKJLSW7X2PROD with EXECORD 34600 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Presidential Documents (B) applicants and employees with disabilities have access to information about Schedule A hiring authority for individuals with disabilities; (C) applicants and employees with disabilities have access to information about, understand their rights to, and may easily request reasonable accom- modations, workplace personal assistance services, and accessible informa- tion and communication technology; (D) the process of responding to reasonable accommodation requests is timely and efficient; (E) the processes and procedures for appealing the denial of a reasonable accommodation request are timely and efficient; and (F) all information and communication technology and products devel- oped, procured, maintained, or used by Federal agencies are accessible and usable by employees with disabilities consistent with all standards and technical requirements of the Rehabilitation Act of 1973. (c) To ensure that all Federal office buildings and workplaces are accessible to employees with disabilities, the Administrator of General Services, the Director of OPM, the Deputy Director for Management of OMB, and the Executive Director of the Access Board shall work with Federal agencies to ensure that Federal buildings and leased facilities comply with the accessi- bility standards of the Architectural Barriers Act of 1968, Public Law 90– 480, and related standards. (d) Beyond existing duties to comply with the Architectural Barriers Act of 1968 and related standards, the head of each agency shall maximize the accessibility of the physical environment of the agency’s workplaces, consistent with applicable law and the availability of appropriations, so as to reduce the need for reasonable accommodations, and provide periodic notice to all employees that complaints concerning accessibility barriers in Federal buildings can be filed with the Access Board. (e) The Secretary of Defense and the Secretary of Labor shall review the use of the Workforce Recruitment Program (WRP) for college students and recent graduates with disabilities and take steps, as appropriate and consistent with applicable law, to expand the WRP. The Secretaries shall submit a report to the APDP describing any steps taken pursuant to this subsection and providing recommendations for any Presidential, administra- tive, or congressional actions to further expand and strengthen the program and expand job opportunities. Sec. 11. Advancing Equity for LGBTQ+ Employees. (a) As established in Executive Order 13988, it is the policy of my Administration to prevent and combat discrimination on the basis of gender identity or sexual orienta- tion. Each Federal employee should be able to openly express their sexual orientation, gender identity, and gender expression, and have these identities affirmed and respected, without fear of discrimination, retribution, or dis- advantage. To that end, the relevant agencies shall take the actions set forth in this section. (b) The head of each agency shall, in coordination with the Director of OPM, ensure that existing employee support services equitably serve LGBTQ+ employees, including, as appropriate, through the provision of supportive services for transgender and gender non-conforming and non- binary employees who wish to legally, medically, or socially transition. (c) To ensure that LGBTQ+ employees (including their beneficiaries and their eligible dependents), as well as LGBTQ+ beneficiaries and LGBTQ+ eligible dependents of all Federal employees, have equitable access to healthcare and health insurance coverage: (i) the Director of OPM shall take actions to promote equitable healthcare coverage and services for enrolled LGBTQ+ employees (including their beneficiaries and their eligible dependents), LGBTQ+ beneficiaries, and LGBTQ+ eligible dependents, including coverage of comprehensive gender- affirming care, through the Federal Employees Health Benefits Program; and VerDate Sep<11>2014 16:46 Jun 29, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\30JNE0.SGM 30JNE0 jbell on DSKJLSW7X2PROD with EXECORD 34601 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Presidential Documents (ii) the Secretary of Defense shall take actions to promote equitable healthcare coverage and services for LGBTQ+ members of the uniformed services (including their beneficiaries and their eligible dependents), LGBTQ+ beneficiaries, and LGBTQ+ eligible dependents, including cov- erage of comprehensive gender-affirming care, through the Military Health System. (d) To ensure that LGBTQ+ employees (including their beneficiaries and their eligible dependents), LGBTQ+ beneficiaries, and LGBTQ+ eligible de- pendents have equitable access to all other insurance coverage and employee benefits, the head of each agency shall, in coordination with the Director of OPM, ensure that the Federal Government equitably provides insurance coverage options and employee benefits for LGBTQ+ employees (including their beneficiaries and their eligible dependents), LGBTQ+ beneficiaries, and LGBTQ+ eligible dependents, including long-term care insurance, sick leave, and life insurance. This includes ensuring that Federal benefits, programs, and services recognize the diversity of family structures. (e) To ensure that all Federal employees have their respective gender identities accurately reflected and identified in the workplace: (i) the head of each agency shall, in coordination with the Director of OPM, take steps to foster an inclusive environment where all employees’ gender identities are respected, such as by including, where applicable, non-binary gender marker and pronoun options in Federal hiring, employ- ment, and benefits enrollment forms; (ii) the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, shall update, as appropriate and in consultation with any other relevant agencies, any relevant Federal employee identification standards to ensure that Federal systems for issuing employee identity credentials account for the needs of transgender and gender non-conforming and non-binary employees. The Secretary, in co- ordination with any other relevant agencies, shall take steps to reduce any unnecessary administrative burden for transgender and gender non- conforming and non-binary employees to update their names, photographs, gender markers, and pronouns on federally issued employee identity cre- dentials, where applicable; and (iii) the head of each agency shall, in consultation with the Director of OPM, update Federal employee identification standards to include non- binary gender markers where gender markers are required in employee systems and profiles, and shall take steps to reduce any unnecessary administrative burden for transgender and gender non-conforming and non-binary employees to update their gender markers and pronouns in employee systems and profiles, where applicable. (f) To support all Federal employees in accessing workplace facilities aligned with their gender identities, the head of each agency shall explore opportunities to expand the availability of gender non-binary facilities and restrooms in federally owned and leased workplaces. (g) The Director of National Intelligence, in consultation with the Director of OPM and the heads of agencies, shall take steps to mitigate any barriers in security clearance and background investigation processes for LGBTQ+ employees and applicants, in particular transgender and gender non-con- forming and non-binary employees and applicants. (h) The Director of OPM shall review and update, if necessary, OPM’s 2017 Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace. Sec. 12. Pay Equity. Many workers continue to face racial and gender pay gaps, and pay inequity disproportionately affects women of color. Accord- ingly: (a) The Director of OPM shall review Government-wide regulations and guidance and, as appropriate and consistent with applicable law, in order VerDate Sep<11>2014 16:46 Jun 29, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\30JNE0.SGM 30JNE0 jbell on DSKJLSW7X2PROD with EXECORD 34602 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Presidential Documents to address any pay inequities and advance equal pay, consider whether to: (i) work with agencies to review, and revise if necessary, job classification and compensation practices; and (ii) prohibit agencies from seeking or relying on an applicant’s salary history during the hiring process to set pay or when setting pay for a current employee, unless salary history is raised without prompting by the applicant or employee. (b) The head of each agency that administers a pay system other than one established under title 5 of the United States Code shall review the agency’s regulations and guidance and, as appropriate and consistent with applicable law, revise compensation practices in order to address any pay inequities and advance equal pay. Agencies should report to OPM any revisions to compensation practices made to implement this direction. (c) The Director of OPM shall submit a report to the President describing any changes to Government-wide and agency-specific compensation practices recommended and adopted pursuant to this order. Sec. 13. Expanding Employment Opportunities for Formerly Incarcerated Individuals. To support equal opportunity for formerly incarcerated individ- uals who have served their terms of incarceration and to support their ability to fully reintegrate into society and make meaningful contributions to our Nation, the Director of OPM shall evaluate the existence of any barriers that formerly incarcerated individuals face in accessing Federal em- ployment opportunities and any effect of those barriers on the civil service. As appropriate, the Director of OPM shall also evaluate possible actions to expand Federal employment opportunities for formerly incarcerated indi- viduals, including the establishment of a new hiring authority, and shall submit a report to the President containing the results of OPM’s evaluation within 120 days of the date of this order. Sec. 14. Delegation of Authority. The Director of OPM is hereby delegated the authority of the President under sections 3301 and 3302 of title 5, United States Code, for purposes of carrying out the Director’s responsibilities under this order. Sec. 15. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department or agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget 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) Independent agencies are strongly encouraged to comply with the provisions of this order. VerDate Sep<11>2014 16:46 Jun 29, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4790 Sfmt 4790 E:\FR\FM\30JNE0.SGM 30JNE0 jbell on DSKJLSW7X2PROD with EXECORD 34603 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Presidential Documents (d) 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, June 25, 2021. [FR Doc. 2021–14127 Filed 6–29–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:46 Jun 29, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4790 Sfmt 4790 E:\FR\FM\30JNE0.SGM 30JNE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce

2021-06-25T00:00:00

3efb0718400542a6fc4ef2a3114f8b24da326de339b61314f3cd226308f3b711

Presidential Executive Order

2021-10691 (14029)

Presidential Documents 27025 Federal Register / Vol. 86, No. 95 / Wednesday, May 19, 2021 / Presidential Documents Executive Order 14029 of May 14, 2021 Revocation of Certain Presidential Actions and Technical Amendment By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 3301 and 3302 of title 5, United States Code, it is hereby ordered as follows: Section 1. Revocation of Presidential Actions. The following Presidential actions are revoked: Executive Order 13925 of May 28, 2020 (Preventing Online Censorship), Executive Order 13933 of June 26, 2020 (Protecting American Monuments, Memorials, and Statues and Combating Recent Crimi- nal Violence), Executive Order 13934 of July 3, 2020 (Building and Rebuilding Monuments to American Heroes), Executive Order 13964 of December 10, 2020 (Rebranding United States Foreign Assistance To Advance American Influence), Executive Order 13978 of January 18, 2021 (Building the National Garden of American Heroes), and Executive Order 13980 of January 18, 2021 (Protecting Americans From Overcriminalization Through Regulatory Reform). Sec. 2. Implementation. The Director of the Office of Management and Budget and the heads of executive departments and agencies shall promptly consider taking steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing the Presidential actions identified in section 1 of this order, as appropriate and consistent with applicable law, including the Administrative Procedure Act, 5 U.S.C. 551 et seq. In addition, any personnel positions, committees, task forces, or other entities established pursuant to the Presidential actions identified in section 1 of this order shall be abolished, as appropriate and consistent with applicable law. Sec. 3. Technical Amendment. To enhance the efficiency of the civil service and to promote good administration and systematic application of merit system principles, Executive Order 14003 of January 22, 2021 (Protecting the Federal Workforce), revoked Executive Order 13957 of October 21, 2020 (Creating Schedule F in the Excepted Service), thereby eliminating Schedule F in the excepted service. In order to update the civil service rules to reflect the action taken in Executive Order 14003, Civil Service Rule VI is amended as follows: (a) 5 CFR 6.2 is amended to read: OPM shall list positions that it excepts from the competitive service in Schedules A, B, C, and D, and it shall list the position of administrative law judge in Schedule E, which schedules shall constitute parts of this rule, as follows: Schedule A. Positions other than those of a confidential or policy-deter- mining character for which it is not practicable to examine shall be listed in Schedule A. Schedule B. Positions other than those of a confidential or policy-deter- mining character for which it is not practicable to hold a competitive examination shall be listed in Schedule B. Appointments to these positions shall be subject to such noncompetitive examination as may be prescribed by OPM. Schedule C. Positions of a confidential or policy-determining character shall be listed in Schedule C. VerDate Sep<11>2014 15:44 May 18, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\19MYE0.SGM 19MYE0 khammond on DSKJM1Z7X2PROD with PRESDOC6 27026 Federal Register / Vol. 86, No. 95 / Wednesday, May 19, 2021 / Presidential Documents Schedule D. Positions other than those of a confidential or policy-deter- mining character for which the competitive service requirements make impracticable the adequate recruitment of sufficient numbers of students attending qualifying educational institutions or individuals who have re- cently completed qualifying educational programs shall be listed in Sched- ule D. These positions are temporarily placed in the excepted service to enable more effective recruitment from all segments of society by using means of recruiting and assessing candidates that diverge from the rules generally applicable to the competitive service. Schedule E. Positions of administrative law judge appointed under 5 U.S.C. 3105 shall be listed in Schedule E. Conditions of good administration warrant placing the position of administrative law judge in the excepted service and exempting appointment to this position from the requirements of 5 CFR, part 302, including examination and rating requirements, though each agency shall follow the principle of veteran preference as far as administratively feasible. (b) 5 CFR 6.4 is amended to read: ‘‘Except as required by statute, the Civil Service Rules and Regulations shall not apply to removals from positions listed in Schedules A, C, D, or E, or from positions excepted from the competitive service by statute. The Civil Service Rules and Regulations shall apply to removals from posi- tions listed in Schedule B of persons who have competitive status.’’ Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, May 14, 2021. [FR Doc. 2021–10691 Filed 5–18–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:44 May 18, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\19MYE0.SGM 19MYE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC6

Revocation of Certain Presidential Actions and Technical Amendment

2021-05-14T00:00:00

6f71ce54b04fbcf83ab4a21068a53d42ecd363f6a553ca0bb3b135c4bab98693

Presidential Executive Order

2021-12019 (14032)

Presidential Documents 30145 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents Executive Order 14032 of June 3, 2021 Addressing the Threat From Securities Investments That Fi- nance Certain Companies of the People’s Republic of China By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, find that additional steps are necessary to address the national emergency declared in Executive Order 13959 of November 12, 2020 (Addressing the Threat From Securities Investments That Finance Communist Chinese Military Com- panies), including the threat posed by the military-industrial complex of the People’s Republic of China (PRC) and its involvement in military, intel- ligence, and security research and development programs, and weapons and related equipment production under the PRC’s Military-Civil Fusion strategy. In addition, I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance tech- nology to facilitate repression or serious human rights abuse constitute un- usual and extraordinary threats, which have their source in whole or substan- tial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats. Accordingly, I hereby order as follows: Section 1. Sections 1 through 5 of Executive Order 13959, as amended by Executive Order 13974 of January 13, 2021 (Amending Executive Order 13959—Addressing the Threat From Securities Investments That Finance Communist Chinese Military Companies), are hereby replaced and super- seded in their entirety to read as follows: ‘‘Section 1. (a) The following activities by a United States person are prohib- ited: the purchase or sale of any publicly traded securities, or any publicly traded securities that are derivative of such securities or are designed to provide investment exposure to such securities, of any person listed in the Annex to this order or of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, and, as the Secretary of the Treasury deems appropriate, the Secretary of Defense: (i) to operate or have operated in the defense and related materiel sector or the surveillance technology sector of the economy of the PRC; or (ii) to own or control, or to be owned or controlled by, directly or indirectly, a person who operates or has operated in any sector described in subsection (a)(i) of this section, or a person who is listed in the Annex to this order or who has otherwise been determined to be subject to the prohibi- tions in subsection (a) of this section. (b) The prohibitions in subsection (a) of this section shall take effect: (i) beginning at 12:01 a.m. eastern daylight time on August 2, 2021, with respect to any person listed in the Annex to this order; or (ii) beginning at 12:01 a.m. eastern daylight time on the date that is 60 days after the date of the determination in subsection (a) of this section with respect to any person not listed in the Annex to this order. VerDate Sep<11>2014 15:54 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\07JNE0.SGM 07JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC8 30146 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents (c) The purchase or sale of publicly traded securities described in sub- section (a) of this section made solely to effect the divestment, in whole or in part, of such securities by a United States person is permitted prior to: (i) 12:01 a.m. eastern daylight time on June 3, 2022, with respect to any person listed in the Annex to this order; or (ii) 12:01 a.m. eastern daylight time on the date that is 365 days after the date of the determination in subsection (a) of this section with respect to any person not listed in the Annex to this order. (d) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. Sec. 2. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibi- tions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘person’’ means an individual or entity; (c) the term ‘‘publicly traded securities’’ includes any ‘‘security,’’ as defined in section 3(a)(10) of the Securities Exchange Act of 1934, Public Law 73–291 (as codified as amended at 15 U.S.C. 78c(a)(10)), denominated in any currency that trades on a securities exchange or through the method of trading that is commonly referred to as ‘‘over-the-counter,’’ in any jurisdic- tion; and (d) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 4. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All executive departments and agencies (agencies) of the United States shall take all appro- priate measures within their authority to carry out the provisions of this order. Sec. 5. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 6. The Secretary of the Treasury, in consultation with the Secretary of State, and, as the Secretary of the Treasury deems appropriate, the Sec- retary of Defense, is hereby authorized to determine that circumstances no longer warrant the application of the prohibitions in section 1(a) of this order with respect to a person listed in the Annex to this order, and to take necessary action to give effect to that determination.’’ Sec. 2. The Annex to Executive Order 13959 is replaced and superseded in its entirety by the Annex to this order. Sec. 3. Section 6 of Executive Order 13959 is amended to replace ‘‘Sec. 6.’’ with ‘‘Sec. 7.’’ VerDate Sep<11>2014 15:54 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\07JNE0.SGM 07JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC8 30147 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents Sec. 4. Executive Order 13974 is hereby revoked in its entirety. The Secretary of the Treasury and the heads of agencies shall take all necessary steps to rescind any orders or prohibitions issued prior to the date of this order implementing or enforcing Executive Order 13974 or the versions of sections 1 through 5 of Executive Order 13959 replaced and superseded by section 1 of this order. Sec. 5. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, June 3, 2021. Billing code 3295–F1–P VerDate Sep<11>2014 15:54 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\07JNE0.SGM 07JNE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC8 30148 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents VerDate Sep<11>2014 15:54 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\07JNE0.SGM 07JNE0 ED07JN21.001</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC8 Annex AERO ENGINE CORPORATION OF CHINA AEROSPACE CH UAV CO., LTD AEROSPACE COMMUNICATIONS HOLDINGS GROUP COMPANY LIMITED AEROSUN CORPORATION ANHUI GREATWALL MILITARY INDUSTRY COMPANY LIMITED AVIATION INDUSTRY CORPORATION OF CHINA, LTD. AVIC AVIATION HIGH-TECHNOLOGY COMPANY LIMITED AVIC HEAVY MACHINERY COMPANY LIMITED AVIC JONHON OPTRONIC TECHNOLOGY CO., LTD. AVIC SHENYANG AIRCRAFT COMPANY LIMITED AVIC XI'AN AIRCRAFT INDUSTRY GROUP COMPANY LTD. CHANGSHA JINGJIA MICROELECTRONICS COMPANY LIMITED CHINA ACADEMY OF LAUNCH VEHICLE TECHNOLOGY CHINA AEROSPACE SCIENCE AND INDUSTRY CORPORATION LIMITED CHINA AEROSPACE SCIENCE AND TECHNOLOGY CORPORATION CHINA AEROSPACE TIMES ELECTRONICS CO., LTD CHINA AVIONICS SYSTEMS COMPANY LIMITED CHINA COMMUNICATIONS CONSTRUCTION COMPANY LIMITED CHINA COMMUNICATIONS CONSTRUCTION GROUP (LIMITED) CHINA ELECTRONICS CORPORATION CHINA ELECTRONICS TECHNOLOGY GROUP CORPORATION CHINA GENERAL NUCLEAR POWER CORPORATION CHINA MARINE INFORMATION ELECTRONICS COMPANY LIMITED CHINA MOBILE COMMUNICATIONS GROUP CO., LTD. CHINA MOBILE LIMITED CHINA NATIONAL NUCLEAR CORPORATION CHINA NATIONAL OFFSHORE OIL CORPORATION CHINA NORTH INDUSTRIES GROUP CORPORATION LIMITED CHINA NUCLEAR ENGINEERING CORPORATION LIMITED CHINA RAILWAY CONSTRUCTION CORPORATION LIMITED CHINA SATELLITE COMMUNICATIONS CO., LTD. CHINA SHIPBUILDING INDUSTRY COMPANY LIMITED CHINA SHIPBUILDING INDUSTRY GROUP POWER COMPANY LIMITED CHINA SOUTH INDUSTRIES GROUP CORPORATION 30149 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Presidential Documents [FR Doc. 2021–12019 Filed 6–4–21; 8:45 am] Billing code 3295–F1–C VerDate Sep<11>2014 15:54 Jun 04, 2021 Jkt 250001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\07JNE0.SGM 07JNE0 ED07JN21.002</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC8 2 CHINA SPACESAT CO., LTD. CHINA STATE SHIPBUILDING CORPORATION LIMITED CHINA TELECOM CORPORATION LIMITED CHINA TELECOMMUNICATIONS CORPORATION CHINA UNICOM (HONG KONG) LIMITED CHINA UNITED NETWORK COMMUNICATIONS GROUP CO., LTD. CNOOC LIMITED COSTAR GROUP CO., LTD. CSSC OFFSHORE & MARINE ENGINEERING (GROUP) COMPANY LIMITED FUJIAN TORCH ELECTRON TECHNOLOGY CO., LTD. GUIZHOU SPACE APPLIANCE CO., LTD HANGZHOU HIKVISION DIGITAL TECHNOLOGY CO., LTD. HUAWEI INVESTMENT & HOLDING CO., LTD. HUAWEI TECHNOLOGIES CO., LTD. INNER MONGOLIA FIRST MACHINERY GROUP CO., LTD. INSPUR GROUP CO., LTD. JIANGXI HONGDU AVIATION INDUSTRY CO., LTD. NANJING PANDA ELECTRONICS COMPANY LIMITED NORTH NAVIGATION CONTROL TECHNOLOGY CO., LTD. PANDA ELECTRONICS GROUP CO., LTD. PROVEN GLORY CAPITAL LIMITED PROVEN HONOUR CAPITAL LIMITED SEMICONDUCTOR MANUFACTURING INTERNATIONAL CORPORATION SHAANXI ZHONGTIAN ROCKET TECHNOLOGY COMPANY LIMITED ZHONGHANG ELECTRONIC MEASURING INSTRUMENTS COMPANY LIMITED

Addressing the Threat From Securities Investments That Finance Certain Companies of the People's Republic of China

2021-06-03T00:00:00

f8cccbe1e1e3472610e0e92be480eed012a9d2475438da40566acb37f0e75274

Presidential Executive Order

2021-10139 (14027)

Presidential Documents 25947 Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Presidential Documents Executive Order 14027 of May 7, 2021 Establishment of the Climate Change Support Office By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 202 of the Revised Statutes (22 U.S.C. 2656) and section 3161 of title 5, United States Code, it is hereby ordered as follows: Section 1. Establishment of the Climate Change Support Office. (a) There is established within the Department of State, in accordance with section 3161 of title 5, United States Code, a temporary organization to be known as the Climate Change Support Office (CCSO). (b) The CCSO shall be headed by a Director selected by the Secretary of State (Secretary). In addition to a Director, the CCSO may be staffed by persons in such numbers and with such skills as are necessary for the performance of CCSO functions. (c) The purpose of the CCSO shall be to perform the specific project of supporting bilateral and multilateral engagement to advance the United States initiative to address the global climate crisis, led by the Department of State and in coordination with other executive departments and agencies, consistent with Executive Order 14008 of January 27, 2021 (Tackling the Climate Crisis at Home and Abroad). The CCSO shall support the Department of State, including the Special Presidential Envoy for Climate, in United States efforts to elevate and underscore the commitment my Administration will make towards addressing the global climate crisis. (d) In carrying out its purpose as set forth in subsection 1(c) of this order, the CCSO shall: (i) support the Department of State and other executive departments and agencies, as appropriate, in leading diplomatic engagement on climate change, exercising climate leadership in international fora, increasing inter- national climate ambition, and ensuring that climate change is integrated into all elements of United States foreign policy-making decision processes; (ii) support efforts that go beyond the climate work currently carried out by the Department of State across a wide range of international fora that address clean energy, aviation, shipping, the Artic, the ocean, sustain- able development, and migration; and (iii) perform such other functions related to the specific project set forth in subsection 1(c) of this order as the Secretary may assign. (e) The CCSO shall terminate at the end of the maximum period permitted by section 3161(a)(1) of title 5, United States Code, unless sooner terminated by the Secretary. Sec. 2. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 16:36 May 11, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\12MYE0.SGM 12MYE0 khammond on DSKJM1Z7X2PROD with PRESDOC3 25948 Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Presidential Documents (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, May 7, 2021. [FR Doc. 2021–10139 Filed 5–11–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:36 May 11, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\12MYE0.SGM 12MYE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3

Establishment of the Climate Change Support Office

2021-05-07T00:00:00

c93ea603f0c78736a8eca78625df664f7b5e771da8ff53da64021d217acfe6b4

Presidential Executive Order

2021-10460 (14028)

Presidential Documents 26633 Federal Register Vol. 86, No. 93 Monday, May 17, 2021 Title 3— The President Executive Order 14028 of May 12, 2021 Improving the Nation’s Cybersecurity By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. The United States faces persistent and increasingly sophisti- cated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Govern- ment must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action. Protecting our Nation from malicious cyber actors requires the Federal Government to partner with the private sector. The private sector must adapt to the continuously changing threat environment, ensure its products are built and operate securely, and partner with the Federal Government to foster a more secure cyberspace. In the end, the trust we place in our digital infrastructure should be proportional to how trustworthy and transparent that infrastructure is, and to the consequences we will incur if that trust is misplaced. Incremental improvements will not give us the security we need; instead, the Federal Government needs to make bold changes and significant invest- ments in order to defend the vital institutions that underpin the American way of life. The Federal Government must bring to bear the full scope of its authorities and resources to protect and secure its computer systems, whether they are cloud-based, on-premises, or hybrid. The scope of protection and security must include systems that process data (information technology (IT)) and those that run the vital machinery that ensures our safety (oper- ational technology (OT)). It is the policy of my Administration that the prevention, detection, assess- ment, and remediation of cyber incidents is a top priority and essential to national and economic security. The Federal Government must lead by example. All Federal Information Systems should meet or exceed the stand- ards and requirements for cybersecurity set forth in and issued pursuant to this order. Sec. 2. Removing Barriers to Sharing Threat Information. (a) The Federal Government contracts with IT and OT service providers to conduct an array of day-to-day functions on Federal Information Systems. These service providers, including cloud service providers, have unique access to and insight into cyber threat and incident information on Federal Information Systems. At the same time, current contract terms or restrictions may limit the sharing of such threat or incident information with executive departments and agencies (agencies) that are responsible for investigating or remediating cyber incidents, such as the Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and other elements of the Intelligence Community (IC). Removing these contractual barriers and increasing the sharing of information about such threats, incidents, and risks are necessary steps to accelerating incident deterrence, prevention, and response efforts and to enabling more effective defense of agencies’ systems and of information collected, processed, and maintained by or for the Federal Government. VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26634 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents (b) Within 60 days of the date of this order, the Director of the Office of Management and Budget (OMB), in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall review the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supple- ment contract requirements and language for contracting with IT and OT service providers and recommend updates to such requirements and language to the FAR Council and other appropriate agencies. The recommendations shall include descriptions of contractors to be covered by the proposed contract language. (c) The recommended contract language and requirements described in subsection (b) of this section shall be designed to ensure that: (i) service providers collect and preserve data, information, and reporting relevant to cybersecurity event prevention, detection, response, and inves- tigation on all information systems over which they have control, including systems operated on behalf of agencies, consistent with agencies’ require- ments; (ii) service providers share such data, information, and reporting, as they relate to cyber incidents or potential incidents relevant to any agency with which they have contracted, directly with such agency and any other agency that the Director of OMB, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, deems appropriate, consistent with applicable privacy laws, regulations, and policies; (iii) service providers collaborate with Federal cybersecurity or investiga- tive agencies in their investigations of and responses to incidents or poten- tial incidents on Federal Information Systems, including by implementing technical capabilities, such as monitoring networks for threats in collabora- tion with agencies they support, as needed; and (iv) service providers share cyber threat and incident information with agencies, doing so, where possible, in industry-recognized formats for incident response and remediation. (d) Within 90 days of receipt of the recommendations described in sub- section (b) of this section, the FAR Council shall review the proposed contract language and conditions and, as appropriate, shall publish for public comment proposed updates to the FAR. (e) Within 120 days of the date of this order, the Secretary of Homeland Security and the Director of OMB shall take appropriate steps to ensure to the greatest extent possible that service providers share data with agencies, CISA, and the FBI as may be necessary for the Federal Government to respond to cyber threats, incidents, and risks. (f) It is the policy of the Federal Government that: (i) information and communications technology (ICT) service providers entering into contracts with agencies must promptly report to such agencies when they discover a cyber incident involving a software product or service provided to such agencies or involving a support system for a software product or service provided to such agencies; (ii) ICT service providers must also directly report to CISA whenever they report under subsection (f)(i) of this section to Federal Civilian Execu- tive Branch (FCEB) Agencies, and CISA must centrally collect and manage such information; and (iii) reports pertaining to National Security Systems, as defined in section 10(h) of this order, must be received and managed by the appropriate agency as to be determined under subsection (g)(i)(E) of this section. (g) To implement the policy set forth in subsection (f) of this section: (i) Within 45 days of the date of this order, the Secretary of Homeland Security, in consultation with the Secretary of Defense acting through the Director of the National Security Agency (NSA), the Attorney General, VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26635 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents and the Director of OMB, shall recommend to the FAR Council contract language that identifies: (A) the nature of cyber incidents that require reporting; (B) the types of information regarding cyber incidents that require report- ing to facilitate effective cyber incident response and remediation; (C) appropriate and effective protections for privacy and civil liberties; (D) the time periods within which contractors must report cyber incidents based on a graduated scale of severity, with reporting on the most severe cyber incidents not to exceed 3 days after initial detection; (E) National Security Systems reporting requirements; and (F) the type of contractors and associated service providers to be covered by the proposed contract language. (ii) Within 90 days of receipt of the recommendations described in sub- section (g)(i) of this section, the FAR Council shall review the recommenda- tions and publish for public comment proposed updates to the FAR. (iii) Within 90 days of the date of this order, the Secretary of Defense acting through the Director of the NSA, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall jointly develop procedures for ensuring that cyber incident reports are promptly and appropriately shared among agencies. (h) Current cybersecurity requirements for unclassified system contracts are largely implemented through agency-specific policies and regulations, including cloud-service cybersecurity requirements. Standardizing common cybersecurity contractual requirements across agencies will streamline and improve compliance for vendors and the Federal Government. (i) Within 60 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Sec- retary of Defense acting through the Director of the NSA, the Director of OMB, and the Administrator of General Services, shall review agency-specific cybersecurity requirements that currently exist as a matter of law, policy, or contract and recommend to the FAR Council standardized contract lan- guage for appropriate cybersecurity requirements. Such recommendations shall include consideration of the scope of contractors and associated service providers to be covered by the proposed contract language. (j) Within 60 days of receiving the recommended contract language devel- oped pursuant to subsection (i) of this section, the FAR Council shall review the recommended contract language and publish for public comment pro- posed updates to the FAR. (k) Following any updates to the FAR made by the FAR Council after the public comment period described in subsection (j) of this section, agencies shall update their agency-specific cybersecurity requirements to remove any requirements that are duplicative of such FAR updates. (l) The Director of OMB shall incorporate into the annual budget process a cost analysis of all recommendations developed under this section. Sec. 3. Modernizing Federal Government Cybersecurity. (a) To keep pace with today’s dynamic and increasingly sophisticated cyber threat environ- ment, the Federal Government must take decisive steps to modernize its approach to cybersecurity, including by increasing the Federal Government’s visibility into threats, while protecting privacy and civil liberties. The Federal Government must adopt security best practices; advance toward Zero Trust Architecture; accelerate movement to secure cloud services, including Soft- ware as a Service (SaaS), Infrastructure as a Service (IaaS), and Platform as a Service (PaaS); centralize and streamline access to cybersecurity data to drive analytics for identifying and managing cybersecurity risks; and invest in both technology and personnel to match these modernization goals. (b) Within 60 days of the date of this order, the head of each agency shall: VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26636 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents (i) update existing agency plans to prioritize resources for the adoption and use of cloud technology as outlined in relevant OMB guidance; (ii) develop a plan to implement Zero Trust Architecture, which shall incorporate, as appropriate, the migration steps that the National Institute of Standards and Technology (NIST) within the Department of Commerce has outlined in standards and guidance, describe any such steps that have already been completed, identify activities that will have the most immediate security impact, and include a schedule to implement them; and (iii) provide a report to the Director of OMB and the Assistant to the President and National Security Advisor (APNSA) discussing the plans required pursuant to subsection (b)(i) and (ii) of this section. (c) As agencies continue to use cloud technology, they shall do so in a coordinated, deliberate way that allows the Federal Government to prevent, detect, assess, and remediate cyber incidents. To facilitate this approach, the migration to cloud technology shall adopt Zero Trust Architecture, as practicable. The CISA shall modernize its current cybersecurity programs, services, and capabilities to be fully functional with cloud-computing envi- ronments with Zero Trust Architecture. The Secretary of Homeland Security acting through the Director of CISA, in consultation with the Administrator of General Services acting through the Federal Risk and Authorization Man- agement Program (FedRAMP) within the General Services Administration, shall develop security principles governing Cloud Service Providers (CSPs) for incorporation into agency modernization efforts. To facilitate this work: (i) Within 90 days of the date of this order, the Director of OMB, in consultation with the Secretary of Homeland Security acting through the Director of CISA, and the Administrator of General Services acting through FedRAMP, shall develop a Federal cloud-security strategy and provide guidance to agencies accordingly. Such guidance shall seek to ensure that risks to the FCEB from using cloud-based services are broadly under- stood and effectively addressed, and that FCEB Agencies move closer to Zero Trust Architecture. (ii) Within 90 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Director of OMB and the Administrator of General Services acting through FedRAMP, shall develop and issue, for the FCEB, cloud-security technical reference architecture documentation that illustrates recommended ap- proaches to cloud migration and data protection for agency data collection and reporting. (iii) Within 60 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA shall develop and issue, for FCEB Agencies, a cloud-service governance framework. That framework shall identify a range of services and protections available to agencies based on incident severity. That framework shall also identify data and processing activities associated with those services and protections. (iv) Within 90 days of the date of this order, the heads of FCEB Agencies, in consultation with the Secretary of Homeland Security acting through the Director of CISA, shall evaluate the types and sensitivity of their respective agency’s unclassified data, and shall provide to the Secretary of Homeland Security through the Director of CISA and to the Director of OMB a report based on such evaluation. The evaluation shall prioritize identification of the unclassified data considered by the agency to be the most sensitive and under the greatest threat, and appropriate processing and storage solutions for those data. (d) Within 180 days of the date of this order, agencies shall adopt multi- factor authentication and encryption for data at rest and in transit, to the maximum extent consistent with Federal records laws and other applicable laws. To that end: (i) Heads of FCEB Agencies shall provide reports to the Secretary of Homeland Security through the Director of CISA, the Director of OMB, VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26637 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents and the APNSA on their respective agency’s progress in adopting multi- factor authentication and encryption of data at rest and in transit. Such agencies shall provide such reports every 60 days after the date of this order until the agency has fully adopted, agency-wide, multi-factor authen- tication and data encryption. (ii) Based on identified gaps in agency implementation, CISA shall take all appropriate steps to maximize adoption by FCEB Agencies of tech- nologies and processes to implement multifactor authentication and encryption for data at rest and in transit. (iii) Heads of FCEB Agencies that are unable to fully adopt multi-factor authentication and data encryption within 180 days of the date of this order shall, at the end of the 180-day period, provide a written rationale to the Secretary of Homeland Security through the Director of CISA, the Director of OMB, and the APNSA. (e) Within 90 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Attor- ney General, the Director of the FBI, and the Administrator of General Services acting through the Director of FedRAMP, shall establish a framework to collaborate on cybersecurity and incident response activities related to FCEB cloud technology, in order to ensure effective information sharing among agencies and between agencies and CSPs. (f) Within 60 days of the date of this order, the Administrator of General Services, in consultation with the Director of OMB and the heads of other agencies as the Administrator of General Services deems appropriate, shall begin modernizing FedRAMP by: (i) establishing a training program to ensure agencies are effectively trained and equipped to manage FedRAMP requests, and providing access to training materials, including videos-on-demand; (ii) improving communication with CSPs through automation and standard- ization of messages at each stage of authorization. These communications may include status updates, requirements to complete a vendor’s current stage, next steps, and points of contact for questions; (iii) incorporating automation throughout the lifecycle of FedRAMP, includ- ing assessment, authorization, continuous monitoring, and compliance; (iv) digitizing and streamlining documentation that vendors are required to complete, including through online accessibility and pre-populated forms; and (v) identifying relevant compliance frameworks, mapping those frameworks onto requirements in the FedRAMP authorization process, and allowing those frameworks to be used as a substitute for the relevant portion of the authorization process, as appropriate. Sec. 4. Enhancing Software Supply Chain Security. (a) The security of soft- ware used by the Federal Government is vital to the Federal Government’s ability to perform its critical functions. The development of commercial software often lacks transparency, sufficient focus on the ability of the software to resist attack, and adequate controls to prevent tampering by malicious actors. There is a pressing need to implement more rigorous and predictable mechanisms for ensuring that products function securely, and as intended. The security and integrity of ‘‘critical software’’—software that performs functions critical to trust (such as affording or requiring ele- vated system privileges or direct access to networking and computing re- sources)—is a particular concern. Accordingly, the Federal Government must take action to rapidly improve the security and integrity of the software supply chain, with a priority on addressing critical software. (b) Within 30 days of the date of this order, the Secretary of Commerce acting through the Director of NIST shall solicit input from the Federal Government, private sector, academia, and other appropriate actors to identify existing or develop new standards, tools, and best practices for complying with the standards, procedures, or criteria in subsection (e) of this section. VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26638 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents The guidelines shall include criteria that can be used to evaluate software security, include criteria to evaluate the security practices of the developers and suppliers themselves, and identify innovative tools or methods to dem- onstrate conformance with secure practices. (c) Within 180 days of the date of this order, the Director of NIST shall publish preliminary guidelines, based on the consultations described in subsection (b) of this section and drawing on existing documents as prac- ticable, for enhancing software supply chain security and meeting the require- ments of this section. (d) Within 360 days of the date of this order, the Director of NIST shall publish additional guidelines that include procedures for periodic review and updating of the guidelines described in subsection (c) of this section. (e) Within 90 days of publication of the preliminary guidelines pursuant to subsection (c) of this section, the Secretary of Commerce acting through the Director of NIST, in consultation with the heads of such agencies as the Director of NIST deems appropriate, shall issue guidance identifying practices that enhance the security of the software supply chain. Such guid- ance may incorporate the guidelines published pursuant to subsections (c) and (i) of this section. Such guidance shall include standards, procedures, or criteria regarding: (i) secure software development environments, including such actions as: (A) using administratively separate build environments; (B) auditing trust relationships; (C) establishing multi-factor, risk-based authentication and conditional access across the enterprise; (D) documenting and minimizing dependencies on enterprise products that are part of the environments used to develop, build, and edit software; (E) employing encryption for data; and (F) monitoring operations and alerts and responding to attempted and actual cyber incidents; (ii) generating and, when requested by a purchaser, providing artifacts that demonstrate conformance to the processes set forth in subsection (e)(i) of this section; (iii) employing automated tools, or comparable processes, to maintain trusted source code supply chains, thereby ensuring the integrity of the code; (iv) employing automated tools, or comparable processes, that check for known and potential vulnerabilities and remediate them, which shall oper- ate regularly, or at a minimum prior to product, version, or update release; (v) providing, when requested by a purchaser, artifacts of the execution of the tools and processes described in subsection (e)(iii) and (iv) of this section, and making publicly available summary information on com- pletion of these actions, to include a summary description of the risks assessed and mitigated; (vi) maintaining accurate and up-to-date data, provenance (i.e., origin) of software code or components, and controls on internal and third-party software components, tools, and services present in software development processes, and performing audits and enforcement of these controls on a recurring basis; (vii) providing a purchaser a Software Bill of Materials (SBOM) for each product directly or by publishing it on a public website; (viii) participating in a vulnerability disclosure program that includes a reporting and disclosure process; (ix) attesting to conformity with secure software development practices; and VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26639 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents (x) ensuring and attesting, to the extent practicable, to the integrity and provenance of open source software used within any portion of a product. (f) Within 60 days of the date of this order, the Secretary of Commerce, in coordination with the Assistant Secretary for Communications and Infor- mation and the Administrator of the National Telecommunications and Infor- mation Administration, shall publish minimum elements for an SBOM. (g) Within 45 days of the date of this order, the Secretary of Commerce, acting through the Director of NIST, in consultation with the Secretary of Defense acting through the Director of the NSA, the Secretary of Homeland Security acting through the Director of CISA, the Director of OMB, and the Director of National Intelligence, shall publish a definition of the term ‘‘critical software’’ for inclusion in the guidance issued pursuant to subsection (e) of this section. That definition shall reflect the level of privilege or access required to function, integration and dependencies with other soft- ware, direct access to networking and computing resources, performance of a function critical to trust, and potential for harm if compromised. (h) Within 30 days of the publication of the definition required by sub- section (g) of this section, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Secretary of Commerce acting through the Director of NIST, shall identify and make available to agencies a list of categories of software and software products in use or in the acquisition process meeting the definition of critical software issued pursuant to subsection (g) of this section. (i) Within 60 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in consultation with the Secretary of Homeland Security acting through the Director of CISA and with the Director of OMB, shall publish guidance outlining security measures for critical software as defined in subsection (g) of this section, including apply- ing practices of least privilege, network segmentation, and proper configura- tion. (j) Within 30 days of the issuance of the guidance described in subsection (i) of this section, the Director of OMB acting through the Administrator of the Office of Electronic Government within OMB shall take appropriate steps to require that agencies comply with such guidance. (k) Within 30 days of issuance of the guidance described in subsection (e) of this section, the Director of OMB acting through the Administrator of the Office of Electronic Government within OMB shall take appropriate steps to require that agencies comply with such guidelines with respect to software procured after the date of this order. (l) Agencies may request an extension for complying with any requirements issued pursuant to subsection (k) of this section. Any such request shall be considered by the Director of OMB on a case-by-case basis, and only if accompanied by a plan for meeting the underlying requirements. The Director of OMB shall on a quarterly basis provide a report to the APNSA identifying and explaining all extensions granted. (m) Agencies may request a waiver as to any requirements issued pursuant to subsection (k) of this section. Waivers shall be considered by the Director of OMB, in consultation with the APNSA, on a case-by-case basis, and shall be granted only in exceptional circumstances and for limited duration, and only if there is an accompanying plan for mitigating any potential risks. (n) Within 1 year of the date of this order, the Secretary of Homeland Security, in consultation with the Secretary of Defense, the Attorney General, the Director of OMB, and the Administrator of the Office of Electronic Government within OMB, shall recommend to the FAR Council contract language requiring suppliers of software available for purchase by agencies to comply with, and attest to complying with, any requirements issued pursuant to subsections (g) through (k) of this section. VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26640 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents (o) After receiving the recommendations described in subsection (n) of this section, the FAR Council shall review the recommendations and, as appropriate and consistent with applicable law, amend the FAR. (p) Following the issuance of any final rule amending the FAR as described in subsection (o) of this section, agencies shall, as appropriate and consistent with applicable law, remove software products that do not meet the require- ments of the amended FAR from all indefinite delivery indefinite quantity contracts; Federal Supply Schedules; Federal Government-wide Acquisition Contracts; Blanket Purchase Agreements; and Multiple Award Contracts. (q) The Director of OMB, acting through the Administrator of the Office of Electronic Government within OMB, shall require agencies employing software developed and procured prior to the date of this order (legacy software) either to comply with any requirements issued pursuant to sub- section (k) of this section or to provide a plan outlining actions to remediate or meet those requirements, and shall further require agencies seeking renew- als of software contracts, including legacy software, to comply with any requirements issued pursuant to subsection (k) of this section, unless an extension or waiver is granted in accordance with subsection (l) or (m) of this section. (r) Within 60 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in consultation with the Secretary of Defense acting through the Director of the NSA, shall publish guidelines recommending minimum standards for vendors’ testing of their software source code, including identifying recommended types of manual or auto- mated testing (such as code review tools, static and dynamic analysis, soft- ware composition tools, and penetration testing). (s) The Secretary of Commerce acting through the Director of NIST, in coordination with representatives of other agencies as the Director of NIST deems appropriate, shall initiate pilot programs informed by existing con- sumer product labeling programs to educate the public on the security capabilities of internet-of-Things (IoT) devices and software development practices, and shall consider ways to incentivize manufacturers and devel- opers to participate in these programs. (t) Within 270 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in coordination with the Chair of the Federal Trade Commission (FTC) and representatives of other agencies as the Director of NIST deems appropriate, shall identify IoT cybersecurity criteria for a consumer labeling program, and shall consider whether such a consumer labeling program may be operated in conjunction with or mod- eled after any similar existing government programs consistent with applica- ble law. The criteria shall reflect increasingly comprehensive levels of testing and assessment that a product may have undergone, and shall use or be compatible with existing labeling schemes that manufacturers use to inform consumers about the security of their products. The Director of NIST shall examine all relevant information, labeling, and incentive programs and em- ploy best practices. This review shall focus on ease of use for consumers and a determination of what measures can be taken to maximize manufacturer participation. (u) Within 270 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in coordination with the Chair of the FTC and representatives from other agencies as the Director of NIST deems appropriate, shall identify secure software development practices or criteria for a consumer software labeling program, and shall consider whether such a consumer software labeling program may be operated in conjunction with or modeled after any similar existing government programs, consistent with applicable law. The criteria shall reflect a baseline level of secure practices, and if practicable, shall reflect increasingly comprehensive levels of testing and assessment that a product may have undergone. The Director VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26641 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents of NIST shall examine all relevant information, labeling, and incentive pro- grams, employ best practices, and identify, modify, or develop a rec- ommended label or, if practicable, a tiered software security rating system. This review shall focus on ease of use for consumers and a determination of what measures can be taken to maximize participation. (v) These pilot programs shall be conducted in a manner consistent with OMB Circular A–119 and NIST Special Publication 2000–02 (Conformity Assessment Considerations for Federal Agencies). (w) Within 1 year of the date of this order, the Director of NIST shall conduct a review of the pilot programs, consult with the private sector and relevant agencies to assess the effectiveness of the programs, determine what improvements can be made going forward, and submit a summary report to the APNSA. (x) Within 1 year of the date of this order, the Secretary of Commerce, in consultation with the heads of other agencies as the Secretary of Commerce deems appropriate, shall provide to the President, through the APNSA, a report that reviews the progress made under this section and outlines additional steps needed to secure the software supply chain. Sec. 5. Establishing a Cyber Safety Review Board. (a) The Secretary of Homeland Security, in consultation with the Attorney General, shall establish the Cyber Safety Review Board (Board), pursuant to section 871 of the Homeland Security Act of 2002 (6 U.S.C. 451). (b) The Board shall review and assess, with respect to significant cyber incidents (as defined under Presidential Policy Directive 41 of July 26, 2016 (United States Cyber Incident Coordination) (PPD–41)) affecting FCEB Information Systems or non-Federal systems, threat activity, vulnerabilities, mitigation activities, and agency responses. (c) The Secretary of Homeland Security shall convene the Board following a significant cyber incident triggering the establishment of a Cyber Unified Coordination Group (UCG) as provided by section V(B)(2) of PPD–41; at any time as directed by the President acting through the APNSA; or at any time the Secretary of Homeland Security deems necessary. (d) The Board’s initial review shall relate to the cyber activities that prompted the establishment of a UCG in December 2020, and the Board shall, within 90 days of the Board’s establishment, provide recommendations to the Secretary of Homeland Security for improving cybersecurity and inci- dent response practices, as outlined in subsection (i) of this section. (e) The Board’s membership shall include Federal officials and representa- tives from private-sector entities. The Board shall comprise representatives of the Department of Defense, the Department of Justice, CISA, the NSA, and the FBI, as well as representatives from appropriate private-sector cyber- security or software suppliers as determined by the Secretary of Homeland Security. A representative from OMB shall participate in Board activities when an incident under review involves FCEB Information Systems, as determined by the Secretary of Homeland Security. The Secretary of Home- land Security may invite the participation of others on a case-by-case basis depending on the nature of the incident under review. (f) The Secretary of Homeland Security shall biennially designate a Chair and Deputy Chair of the Board from among the members of the Board, to include one Federal and one private-sector member. (g) The Board shall protect sensitive law enforcement, operational, busi- ness, and other confidential information that has been shared with it, con- sistent with applicable law. (h) The Secretary of Homeland Security shall provide to the President through the APNSA any advice, information, or recommendations of the Board for improving cybersecurity and incident response practices and policy upon completion of its review of an applicable incident. VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26642 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents (i) Within 30 days of completion of the initial review described in sub- section (d) of this section, the Secretary of Homeland Security shall provide to the President through the APNSA the recommendations of the Board based on the initial review. These recommendations shall describe: (i) identified gaps in, and options for, the Board’s composition or authori- ties; (ii) the Board’s proposed mission, scope, and responsibilities; (iii) membership eligibility criteria for private-sector representatives; (iv) Board governance structure including interaction with the executive branch and the Executive Office of the President; (v) thresholds and criteria for the types of cyber incidents to be evaluated; (vi) sources of information that should be made available to the Board, consistent with applicable law and policy; (vii) an approach for protecting the information provided to the Board and securing the cooperation of affected United States individuals and entities for the purpose of the Board’s review of incidents; and (viii) administrative and budgetary considerations required for operation of the Board. (j) The Secretary of Homeland Security, in consultation with the Attorney General and the APNSA, shall review the recommendations provided to the President through the APNSA pursuant to subsection (i) of this section and take steps to implement them as appropriate. (k) Unless otherwise directed by the President, the Secretary of Homeland Security shall extend the life of the Board every 2 years as the Secretary of Homeland Security deems appropriate, pursuant to section 871 of the Homeland Security Act of 2002. Sec. 6. Standardizing the Federal Government’s Playbook for Responding to Cybersecurity Vulnerabilities and Incidents. (a) The cybersecurity vulner- ability and incident response procedures currently used to identify, reme- diate, and recover from vulnerabilities and incidents affecting their systems vary across agencies, hindering the ability of lead agencies to analyze vulnerabilities and incidents more comprehensively across agencies. Stand- ardized response processes ensure a more coordinated and centralized cata- loging of incidents and tracking of agencies’ progress toward successful responses. (b) Within 120 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Director of OMB, the Federal Chief Information Officers Council, and the Federal Chief Information Security Council, and in coordination with the Secretary of Defense acting through the Director of the NSA, the Attorney General, and the Director of National Intelligence, shall develop a standard set of operational procedures (playbook) to be used in planning and conducting a cybersecurity vulnerability and incident response activity respecting FCEB Information Systems. The playbook shall: (i) incorporate all appropriate NIST standards; (ii) be used by FCEB Agencies; and (iii) articulate progress and completion through all phases of an incident response, while allowing flexibility so it may be used in support of various response activities. (c) The Director of OMB shall issue guidance on agency use of the playbook. (d) Agencies with cybersecurity vulnerability or incident response proce- dures that deviate from the playbook may use such procedures only after consulting with the Director of OMB and the APNSA and demonstrating that these procedures meet or exceed the standards proposed in the playbook. VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26643 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents (e) The Director of CISA, in consultation with the Director of the NSA, shall review and update the playbook annually, and provide information to the Director of OMB for incorporation in guidance updates. (f) To ensure comprehensiveness of incident response activities and build confidence that unauthorized cyber actors no longer have access to FCEB Information Systems, the playbook shall establish, consistent with applicable law, a requirement that the Director of CISA review and validate FCEB Agencies’ incident response and remediation results upon an agency’s com- pletion of its incident response. The Director of CISA may recommend use of another agency or a third-party incident response team as appropriate. (g) To ensure a common understanding of cyber incidents and the cyberse- curity status of an agency, the playbook shall define key terms and use such terms consistently with any statutory definitions of those terms, to the extent practicable, thereby providing a shared lexicon among agencies using the playbook. Sec. 7. Improving Detection of Cybersecurity Vulnerabilities and Incidents on Federal Government Networks. (a) The Federal Government shall employ all appropriate resources and authorities to maximize the early detection of cybersecurity vulnerabilities and incidents on its networks. This approach shall include increasing the Federal Government’s visibility into and detec- tion of cybersecurity vulnerabilities and threats to agency networks in order to bolster the Federal Government’s cybersecurity efforts. (b) FCEB Agencies shall deploy an Endpoint Detection and Response (EDR) initiative to support proactive detection of cybersecurity incidents within Federal Government infrastructure, active cyber hunting, containment and remediation, and incident response. (c) Within 30 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA shall provide to the Director of OMB recommendations on options for implementing an EDR initiative, centrally located to support host-level visibility, attribution, and response regarding FCEB Information Systems. (d) Within 90 days of receiving the recommendations described in sub- section (c) of this section, the Director of OMB, in consultation with Secretary of Homeland Security, shall issue requirements for FCEB Agencies to adopt Federal Government-wide EDR approaches. Those requirements shall support a capability of the Secretary of Homeland Secretary, acting through the Director of CISA, to engage in cyber hunt, detection, and response activities. (e) The Director of OMB shall work with the Secretary of Homeland Security and agency heads to ensure that agencies have adequate resources to comply with the requirements issued pursuant to subsection (d) of this section. (f) Defending FCEB Information Systems requires that the Secretary of Homeland Security acting through the Director of CISA have access to agency data that are relevant to a threat and vulnerability analysis, as well as for assessment and threat-hunting purposes. Within 75 days of the date of this order, agencies shall establish or update Memoranda of Agreement (MOA) with CISA for the Continuous Diagnostics and Mitigation Program to ensure object level data, as defined in the MOA, are available and acces- sible to CISA, consistent with applicable law. (g) Within 45 days of the date of this order, the Director of the NSA as the National Manager for National Security Systems (National Manager) shall recommend to the Secretary of Defense, the Director of National Intel- ligence, and the Committee on National Security Systems (CNSS) appropriate actions for improving detection of cyber incidents affecting National Security Systems, to the extent permitted by applicable law, including recommenda- tions concerning EDR approaches and whether such measures should be operated by agencies or through a centralized service of common concern provided by the National Manager. VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26644 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents (h) Within 90 days of the date of this order, the Secretary of Defense, the Director of National Intelligence, and the CNSS shall review the rec- ommendations submitted under subsection (g) of this section and, as appro- priate, establish policies that effectuate those recommendations, consistent with applicable law. (i) Within 90 days of the date of this order, the Director of CISA shall provide to the Director of OMB and the APNSA a report describing how authorities granted under section 1705 of Public Law 116–283, to conduct threat-hunting activities on FCEB networks without prior authorization from agencies, are being implemented. This report shall also recommend proce- dures to ensure that mission-critical systems are not disrupted, procedures for notifying system owners of vulnerable government systems, and the range of techniques that can be used during testing of FCEB Information Systems. The Director of CISA shall provide quarterly reports to the APNSA and the Director of OMB regarding actions taken under section 1705 of Public Law 116–283. (j) To ensure alignment between Department of Defense Information Net- work (DODIN) directives and FCEB Information Systems directives, the Sec- retary of Defense and the Secretary of Homeland Security, in consultation with the Director of OMB, shall: (i) within 60 days of the date of this order, establish procedures for the Department of Defense and the Department of Homeland Security to immediately share with each other Department of Defense Incident Response Orders or Department of Homeland Security Emergency Direc- tives and Binding Operational Directives applying to their respective infor- mation networks; (ii) evaluate whether to adopt any guidance contained in an Order or Directive issued by the other Department, consistent with regulations con- cerning sharing of classified information; and (iii) within 7 days of receiving notice of an Order or Directive issued pursuant to the procedures established under subsection (j)(i) of this sec- tion, notify the APNSA and Administrator of the Office of Electronic Government within OMB of the evaluation described in subsection (j)(ii) of this section, including a determination whether to adopt guidance issued by the other Department, the rationale for that determination, and a timeline for application of the directive, if applicable. Sec. 8. Improving the Federal Government’s Investigative and Remediation Capabilities. (a) Information from network and system logs on Federal Infor- mation Systems (for both on-premises systems and connections hosted by third parties, such as CSPs) is invaluable for both investigation and remedi- ation purposes. It is essential that agencies and their IT service providers collect and maintain such data and, when necessary to address a cyber incident on FCEB Information Systems, provide them upon request to the Secretary of Homeland Security through the Director of CISA and to the FBI, consistent with applicable law. (b) Within 14 days of the date of this order, the Secretary of Homeland Security, in consultation with the Attorney General and the Administrator of the Office of Electronic Government within OMB, shall provide to the Director of OMB recommendations on requirements for logging events and retaining other relevant data within an agency’s systems and networks. Such recommendations shall include the types of logs to be maintained, the time periods to retain the logs and other relevant data, the time periods for agencies to enable recommended logging and security requirements, and how to protect logs. Logs shall be protected by cryptographic methods to ensure integrity once collected and periodically verified against the hashes throughout their retention. Data shall be retained in a manner consistent with all applicable privacy laws and regulations. Such recommendations shall also be considered by the FAR Council when promulgating rules pursu- ant to section 2 of this order. VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26645 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents (c) Within 90 days of receiving the recommendations described in sub- section (b) of this section, the Director of OMB, in consultation with the Secretary of Commerce and the Secretary of Homeland Security, shall formu- late policies for agencies to establish requirements for logging, log retention, and log management, which shall ensure centralized access and visibility for the highest level security operations center of each agency. (d) The Director of OMB shall work with agency heads to ensure that agencies have adequate resources to comply with the requirements identified in subsection (c) of this section. (e) To address cyber risks or incidents, including potential cyber risks or incidents, the proposed recommendations issued pursuant to subsection (b) of this section shall include requirements to ensure that, upon request, agencies provide logs to the Secretary of Homeland Security through the Director of CISA and to the FBI, consistent with applicable law. These requirements should be designed to permit agencies to share log information, as needed and appropriate, with other Federal agencies for cyber risks or incidents. Sec. 9. National Security Systems. (a) Within 60 days of the date of this order, the Secretary of Defense acting through the National Manager, in coordination with the Director of National Intelligence and the CNSS, and in consultation with the APNSA, shall adopt National Security Systems requirements that are equivalent to or exceed the cybersecurity requirements set forth in this order that are otherwise not applicable to National Security Systems. Such requirements may provide for exceptions in circumstances necessitated by unique mission needs. Such requirements shall be codified in a National Security Memorandum (NSM). Until such time as that NSM is issued, programs, standards, or requirements established pursuant to this order shall not apply with respect to National Security Systems. (b) Nothing in this order shall alter the authority of the National Manager with respect to National Security Systems as defined in National Security Directive 42 of July 5, 1990 (National Policy for the Security of National Security Telecommunications and Information Systems) (NSD–42). The FCEB network shall continue to be within the authority of the Secretary of Home- land Security acting through the Director of CISA. Sec. 10. Definitions. For purposes of this order: (a) the term ‘‘agency’’ has the meaning ascribed to it under 44 U.S.C. 3502. (b) the term ‘‘auditing trust relationship’’ means an agreed-upon relation- ship between two or more system elements that is governed by criteria for secure interaction, behavior, and outcomes relative to the protection of assets. (c) the term ‘‘cyber incident’’ has the meaning ascribed to an ‘‘incident’’ under 44 U.S.C. 3552(b)(2). (d) the term ‘‘Federal Civilian Executive Branch Agencies’’ or ‘‘FCEB Agen- cies’’ includes all agencies except for the Department of Defense and agencies in the Intelligence Community. (e) the term ‘‘Federal Civilian Executive Branch Information Systems’’ or ‘‘FCEB Information Systems’’ means those information systems operated by Federal Civilian Executive Branch Agencies, but excludes National Secu- rity Systems. (f) the term ‘‘Federal Information Systems’’ means an information system used or operated by an agency or by a contractor of an agency or by another organization on behalf of an agency, including FCEB Information Systems and National Security Systems. (g) the term ‘‘Intelligence Community’’ or ‘‘IC’’ has the meaning ascribed to it under 50 U.S.C. 3003(4). (h) the term ‘‘National Security Systems’’ means information systems as defined in 44 U.S.C. 3552(b)(6), 3553(e)(2), and 3553(e)(3). VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26646 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents (i) the term ‘‘logs’’ means records of the events occurring within an organi- zation’s systems and networks. Logs are composed of log entries, and each entry contains information related to a specific event that has occurred within a system or network. (j) the term ‘‘Software Bill of Materials’’ or ‘‘SBOM’’ means a formal record containing the details and supply chain relationships of various com- ponents used in building software. Software developers and vendors often create products by assembling existing open source and commercial software components. The SBOM enumerates these components in a product. It is analogous to a list of ingredients on food packaging. An SBOM is useful to those who develop or manufacture software, those who select or purchase software, and those who operate software. Developers often use available open source and third-party software components to create a product; an SBOM allows the builder to make sure those components are up to date and to respond quickly to new vulnerabilities. Buyers can use an SBOM to perform vulnerability or license analysis, both of which can be used to evaluate risk in a product. Those who operate software can use SBOMs to quickly and easily determine whether they are at potential risk of a newly discovered vulnerability. A widely used, machine-readable SBOM format allows for greater benefits through automation and tool integration. The SBOMs gain greater value when collectively stored in a repository that can be easily queried by other applications and systems. Understanding the supply chain of software, obtaining an SBOM, and using it to analyze known vulnerabilities are crucial in managing risk. (k) the term ‘‘Zero Trust Architecture’’ means a security model, a set of system design principles, and a coordinated cybersecurity and system management strategy based on an acknowledgement that threats exist both inside and outside traditional network boundaries. The Zero Trust security model eliminates implicit trust in any one element, node, or service and instead requires continuous verification of the operational picture via real- time information from multiple sources to determine access and other system responses. In essence, a Zero Trust Architecture allows users full access but only to the bare minimum they need to perform their jobs. If a device is compromised, zero trust can ensure that the damage is contained. The Zero Trust Architecture security model assumes that a breach is inevitable or has likely already occurred, so it constantly limits access to only what is needed and looks for anomalous or malicious activity. Zero Trust Architec- ture embeds comprehensive security monitoring; granular risk-based access controls; and system security automation in a coordinated manner throughout all aspects of the infrastructure in order to focus on protecting data in real-time within a dynamic threat environment. This data-centric security model allows the concept of least-privileged access to be applied for every access decision, where the answers to the questions of who, what, when, where, and how are critical for appropriately allowing or denying access to resources based on the combination of sever. Sec. 11. General Provisions. (a) Upon the appointment of the National Cyber Director (NCD) and the establishment of the related Office within the Execu- tive Office of the President, pursuant to section 1752 of Public Law 116– 283, portions of this order may be modified to enable the NCD to fully execute its duties and responsibilities. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. (d) 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 VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 26647 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Presidential Documents party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) Nothing in this order confers authority to interfere with or to direct a criminal or national security investigation, arrest, search, seizure, or disrup- tion operation or to alter a legal restriction that requires an agency to protect information learned in the course of a criminal or national security investigation. THE WHITE HOUSE, May 12, 2021. [FR Doc. 2021–10460 Filed 5–14–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:52 May 14, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 BIDEN.EPS</GPH>

Improving the Nation's Cybersecurity

2021-05-12T00:00:00

29ae2f6a5d6dd0aa51950bdae478d9b5b21b611375dd09339f1849b6c857da86

Presidential Executive Order

2021-09263 (14026)

Presidential Documents 22835 Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Presidential Documents Executive Order 14026 of April 27, 2021 Increasing the Minimum Wage for Federal Contractors By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to promote economy and efficiency in procurement by contracting with sources that adequately compensate their workers, it is hereby ordered as follows: Section 1. Policy. This order promotes economy and efficiency in Federal procurement by increasing the hourly minimum wage paid by the parties that contract with the Federal Government to $15.00 for those workers working on or in connection with a Federal Government contract as described in section 8 of this order. Raising the minimum wage enhances worker productivity and generates higher-quality work by boosting workers’ health, morale, and effort; reducing absenteeism and turnover; and lowering super- visory and training costs. Accordingly, ensuring that Federal contractors pay their workers an hourly wage of at least $15.00 will bolster economy and efficiency in Federal procurement. Sec. 2. Increasing the Minimum Wage for Federal Contractors and Sub- contractors. (a) Executive departments and agencies, including independent establishments subject to the Federal Property and Administrative Services Act, 40 U.S.C. 102(4)(A), (5) (agencies), shall, to the extent permitted by law, ensure that contracts and contract-like instruments (as defined in regula- tions issued pursuant to section 4(a) of this order and as described in section 8(a) of this order) include a clause that the contractor and any covered subcontractors (as defined in regulations issued pursuant to section 4(a) of this order) shall incorporate into lower-tier subcontracts. This clause shall specify that, as a condition of payment, the minimum wage to be paid to workers employed in the performance of the contract or any covered subcontract thereunder, including workers whose wages are calculated pursu- ant to special certificates issued under section 14(c) of the Fair Labor Stand- ards Act of 1938 (29 U.S.C. 214(c)), shall be at least: (i) $15.00 per hour, beginning January 30, 2022; and (ii) beginning January 1, 2023, and annually thereafter, an amount deter- mined by the Secretary of Labor (Secretary). The amount shall be published by the Secretary at least 90 days before such new minimum wage is to take effect and shall be: (A) not less than the amount in effect on the date of such determination; (B) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and (C) rounded to the nearest multiple of $0.05. (b) In calculating the annual percentage increase in the Consumer Price Index for purposes of subsection (a)(ii)(B) of this section, the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to subsection (a)(ii)(B) of this section) with the Consumer Price Index for the same month in the VerDate Sep<11>2014 16:10 Apr 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\30APE0.SGM 30APE0 jbell on DSKJLSW7X2PROD with EXECORD 22836 Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Presidential Documents preceding year, the same quarter in the preceding year, or the preceding year, respectively. (c) Nothing in this order shall excuse noncompliance with any applicable Federal or State prevailing wage law, or any applicable law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this order. Sec. 3. Application to Tipped Workers. (a) For workers covered under section 2 of this order who are tipped employees pursuant to section 3(t) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(t)), the cash wage that must be paid by an employer to such workers shall be at least: (i) $10.50 per hour, beginning January 30, 2022; (ii) beginning January 1, 2023, 85 percent of the wage in effect under section 2 of this order, rounded to the nearest multiple of $0.05; and (iii) beginning January 1, 2024, and for each subsequent year, 100 percent of the wage in effect under section 2 of this order. (b) Where workers do not receive a sufficient additional amount on account of tips, when combined with the hourly cash wage paid by the employer, such that their wages are equal to the minimum wage under section 2 of this order, the cash wage paid by the employer, as set forth in this section for those workers, shall be increased such that their wages equal the minimum wage under section 2 of this order. Consistent with applicable law, if the wage required to be paid under the Service Contract Act, 41 U.S.C. 6701 et seq., or any other applicable law or regulation is higher than the wage required under section 2 of this order, the employer shall pay additional cash wages sufficient to meet the highest wage required to be paid. Sec. 4. Regulations and Implementation. (a) The Secretary shall, consistent with applicable law, issue regulations by November 24, 2021, to implement the requirements of this order. Such regulations shall include both definitions of relevant terms and, as appropriate, exclusions from the requirements of this order. Within 60 days of the Secretary issuing such regulations, the Federal Acquisition Regulatory Council, to the extent permitted by law, shall amend the Federal Acquisition Regulation to provide for inclusion in Federal procurement solicitations, contracts, and contract-like instruments subject to this order the clause described in section 2(a) of this order. (b) Within 60 days of the Secretary issuing regulations pursuant to sub- section (a) of this section, agencies shall take steps, to the extent permitted by law, to exercise any applicable authority to ensure that contracts and contract-like instruments as described in sections 8(a)(i)(C) and (D) of this order, entered into on or after January 30, 2022, consistent with the effective date of such agency action, comply with the requirements set forth in sections 2 and 3 of this order. (c) Any regulations issued pursuant to this section should, to the extent practicable, incorporate existing definitions, principles, procedures, remedies, and enforcement processes under the Fair Labor Standards Act of 1938, 29 U.S.C. 201 et seq.; the Service Contract Act, 41 U.S.C. 6701 et seq.; the Davis-Bacon Act, 40 U.S.C. 3141 et seq.; Executive Order 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); and regulations issued to implement that order. Sec. 5. Enforcement. (a) The Secretary shall have the authority for inves- tigating potential violations of and obtaining compliance with this order. (b) This order creates no rights under the Contract Disputes Act, 41 U.S.C. 7101 et seq., and disputes regarding whether a contractor has paid the wages prescribed by this order, as appropriate and consistent with applicable law, shall be disposed of only as provided by the Secretary in regulations issued pursuant to this order. Sec. 6. Revocation of Certain Presidential Actions. Executive Order 13838 of May 25, 2018 (Exemption From Executive Order 13658 for Recreational Services on Federal Lands), is revoked as of January 30, 2022. Executive VerDate Sep<11>2014 16:10 Apr 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\30APE0.SGM 30APE0 jbell on DSKJLSW7X2PROD with EXECORD 22837 Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Presidential Documents Order 13658 of February 12, 2014 (Establishing a Minimum Wage for Contrac- tors), is superseded, as of January 30, 2022, to the extent it is inconsistent with this order. Sec. 7. Severability. If any provision of this order, or the application of any provision of this order to any person or circumstance, is held to be invalid, the remainder of this order and its application to any other person or circumstance shall not be affected thereby. Sec. 8. Applicability. (a) This order shall apply to any new contract; new contract-like instrument; new solicitation; extension or renewal of an existing contract or contract-like instrument; and exercise of an option on an existing contract or contract-like instrument, if (i): (A) it is a procurement contract or contract-like instrument for services or construction; (B) it is a contract or contract-like instrument for services covered by the Service Contract Act; (C) it is a contract or contract-like instrument for concessions, including any concessions contract excluded by Department of Labor regulations at 29 CFR 4.133(b); or (D) it is a contract or contract-like instrument entered into with the Federal Government in connection with Federal property or lands and related to offering services for Federal employees, their dependents, or the general public; and (ii) the wages of workers under such contract or contract-like instrument are governed by the Fair Labor Standards Act, the Service Contract Act, or the Davis-Bacon Act. (b) For contracts or contract-like instruments covered by the Service Con- tract Act or the Davis-Bacon Act, this order shall apply only to contracts or contract-like instruments at the thresholds specified in those statutes. Where workers’ wages are governed by the Fair Labor Standards Act of 1938, this order shall apply only to procurement contracts or contract- like instruments that exceed the micro-purchase threshold, as defined in 41 U.S.C. 1902(a), unless expressly made subject to this order pursuant to regulations or actions taken under section 4 of this order. (c) This order shall not apply to grants; contracts, contract-like instruments, or agreements with Indian Tribes under the Indian Self-Determination and Education Assistance Act (Public Law 93–638), as amended; or any contracts or contract-like instruments expressly excluded by the regulations issued pursuant to section 4(a) of this order. Sec. 9. Effective Date. (a) This order is effective immediately and shall apply to new contracts; new contract-like instruments; new solicitations; extensions or renewals of existing contracts or contract-like instruments; and exercises of options on existing contracts or contract-like instruments, as described in section 8(a) in this order, where the relevant contract or contract-like instrument will be entered into, the relevant contract or contract- like instrument will be extended or renewed, or the relevant option will be exercised, on or after: (i) January 30, 2022, consistent with the effective date for the action taken by the Federal Acquisition Regulatory Council pursuant to section 4(a) of this order; or (ii) for contracts where an agency action is taken pursuant to section 4(b) of this order, January 30, 2022, consistent with the effective date for such action. (b) As an exception to subsection (a) of this section, where agencies have issued a solicitation before the effective date for the relevant action taken pursuant to section 4 of this order and entered into a new contract or contract-like instrument resulting from such solicitation within 60 days of such effective date, such agencies are strongly encouraged but not required to ensure that the minimum wages specified in sections 2 and 3 of this VerDate Sep<11>2014 16:10 Apr 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\30APE0.SGM 30APE0 jbell on DSKJLSW7X2PROD with EXECORD 22838 Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Presidential Documents order are paid in the new contract or contract-like instrument. But if that contract or contract-like instrument is subsequently extended or renewed, or an option is subsequently exercised under that contract or contract- like instrument, the minimum wages specified in sections 2 and 3 of this order shall apply to that extension, renewal, or option. (c) For all existing contracts and contract-like instruments, solicitations issued between the date of this order and the effective dates set forth in this section, and contracts and contract-like instruments entered into between the date of this order and the effective dates set forth in this section, agencies are strongly encouraged, to the extent permitted by law, to ensure that the hourly wages paid under such contracts or contract- like instruments are consistent with the minimum wages specified in sections 2 and 3 of this order. Sec. 10. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, April 27, 2021. [FR Doc. 2021–09263 Filed 4–29–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:10 Apr 29, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\30APE0.SGM 30APE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Increasing the Minimum Wage for Federal Contractors

2021-04-27T00:00:00

69640ed28474d2d0bede9d5402bb7ba7367a55fbaea5cb36217ab17748a95fa4

Presidential Executive Order

2021-09213 (14025)

Presidential Documents 22829 Federal Register Vol. 86, No. 81 Thursday, April 29, 2021 Title 3— The President Executive Order 14025 of April 26, 2021 Worker Organizing and Empowerment By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy and Findings. The National Labor Relations Act (29 U.S.C. 151) proclaims that the policy of the United States is to encourage worker organizing and collective bargaining and to promote equality of bargaining power between employers and employees. In the Federal Service Labor- Management Relations Statute (5 U.S.C. 7101(a)(1)), the Congress found that ‘‘experience in both private and public employment indicates that the statu- tory protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them . . . safeguards the public interest, . . . contributes to the effective conduct of public business, and . . . facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment.’’ In the past few decades, the Federal Government has not used its full authority to promote and implement this policy of support for workers organizing unions and bargaining collectively with their employers. During this period, economic change in the United States and globally, technological developments, and the failure to modernize Federal organizing and labor- management relations laws to respond appropriately to the reality found in American workplaces, have made worker organizing exceedingly difficult. The result has been a steady decline in union density in the United States and the loss of worker power and voice in workplaces and communities across the country. This decline has had a host of negative consequences for American workers and the economy, including weakening and shrinking America’s middle class. Meanwhile, some workers have been excluded from opportunities to organize unions and bargain collectively with their employ- ers by law or practice, and so have never been able to build meaningful economic power or have a voice in their workplaces. Confirming the policies declared in Federal labor laws, substantial evidence shows that union membership increases wages, the likelihood of receiving employer-provided benefits, and job security. Union membership also gives workers the means to build the power to ensure that their voices are heard in their workplaces, their communities, and in the Nation. Therefore, it is the policy of my Administration to encourage worker orga- nizing and collective bargaining. Sec. 2. Task Force on Worker Organizing and Empowerment. There is hereby established within the Executive Office of the President the Task Force on Worker Organizing and Empowerment (Task Force). (a) The Vice President shall serve as Chair of the Task Force. In addition to the Vice President, the Task Force shall consist of the following officials or their designees: (i) the Secretary of Labor, who shall serve as Vice Chair of the Task Force; (ii) the Secretary of the Treasury; (iii) the Secretary of Defense; (iv) the Secretary of the Interior; VerDate Sep<11>2014 19:27 Apr 28, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\29APE0.SGM 29APE0 jbell on DSKJLSW7X2PROD with EXECORD 22830 Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Presidential Documents (v) the Secretary of Agriculture; (vi) the Secretary of Commerce; (vii) the Secretary of Health and Human Services; (viii) the Secretary of Housing and Urban Development; (ix) the Secretary of Transportation; (x) the Secretary of Energy; (xi) the Secretary of Education; (xii) the Secretary of Veterans Affairs; (xiii) the Secretary of Homeland Security; (xiv) the Administrator of the Environmental Protection Agency; (xv) the Administrator of General Services; (xvi) the Administrator of the Small Business Administration; (xvii) the United States Trade Representative; (xviii) the Director of the Office of Management and Budget; (xix) the Director of the Office of Personnel Management; (xx) the Chair of the Council of Economic Advisers; (xxi) the Assistant to the President for Domestic Policy; (xxii) the Assistant to the President for Economic Policy; (xxiii) the Assistant to the President and National Climate Advisor; and (xxiv) the heads of such other executive departments, agencies, and offices as the President may from time to time designate upon the recommendation of the Chair of the Task Force. (b) The Task Force and its members shall identify executive branch poli- cies, practices, and programs that could be used, consistent with applicable law, to promote my Administration’s policy of support for worker power, worker organizing, and collective bargaining. This identification shall include policies, practices, and programs that could be used to promote worker power in areas of the country with hostile labor laws, for marginalized workers (including women and persons of color) and hard-to-organize indus- tries, and in changing industries. The Task Force and its members also shall identify statutory, regulatory, or other changes that may be necessary to make policies, practices, and programs more effective means of supporting worker organizing and collective bargaining. (c) The functions of the Task Force are advisory in nature only; the purpose of the Task Force is to make recommendations regarding changes to policies, practices, programs, and other changes that would serve the objectives of this order. (d) The Task Force should invite the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and other executive agencies, boards, and commissions with responsibility for implementing laws concerning worker organizing and collective bargaining to consult, as appropriate and consistent with applicable law, with the Task Force. (e) The Chair may establish such sub-committees or other working groups composed of Task Force members or their representatives as may be necessary to accomplish the objectives of this order. VerDate Sep<11>2014 19:27 Apr 28, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\29APE0.SGM 29APE0 jbell on DSKJLSW7X2PROD with EXECORD 22831 Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Presidential Documents (f) Consistent with the objectives of this order and applicable law, the Task Force may gather relevant information from labor organizations, other worker advocates, academic and other experts, and other entities and persons it identifies that will assist the Task Force in accomplishing the objectives of this order. (g) The Task Force shall, within 180 days of the date of this order, submit to the President recommendations for actions as described in sub- section (b) of this section to promote worker organizing and collective bar- gaining in the public and private sectors, and to increase union density. The Task Force may, at the Chair’s discretion, recommend appropriate or time-sensitive individual actions to promote worker organizing and collective bargaining before the deadline established by this section. The Task Force and its members shall work to implement all recommendations that the President may approve, to the extent permitted by law, and shall report their progress as directed by the Chair. Sec. 3. Definitions. For purposes of this order: (a) ‘‘Policies, practices, and programs’’ includes regulations; guidance and other formal policy documents; procurements; grants and other direct or indirect Federal investments; tax and trade administration and enforcement; administration and enforcement of labor, employment, and other relevant laws; property management; and human resources management and labor relations. (b) ‘‘Worker organizing and collective bargaining’’ encompasses the private sector, State and local governments, and the Federal Government. It also includes those sectors of the economy and those workers who have not historically been able to unionize, or whose ability to effectively collectively bargain or organize has been undermined. (c) the term ‘‘agency’’ refers to all agencies described in section 3502(1) of title 44, United States Code, except for the agencies described in section 3502(5) of title 44. Sec. 4. Revocations. (a) Executive Order 13845 of July 19, 2018 (Establishing the President’s National Council for the American Worker), and Executive Order 13931 of June 26, 2020 (Continuing the President’s National Council for the American Worker and the American Workforce Policy Advisory Board), are revoked. (b) The Director of the Office of Management and Budget and the heads of executive departments and agencies shall promptly consider taking steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing Executive Order 13845 or Executive Order 13931, as appropriate and consistent with applicable law, including the Administrative Procedure Act (5 U.S.C. 551 et seq.). In addition, they shall abolish any personnel positions, committees, task forces, or other entities established pursuant to Executive Order 13845 or Executive Order 13931, as appropriate and consistent with applicable law. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 19:27 Apr 28, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\29APE0.SGM 29APE0 jbell on DSKJLSW7X2PROD with EXECORD 22832 Federal Register / Vol. 86, No. 81 / Thursday, April 29, 2021 / Presidential Documents (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, April 26, 2021. [FR Doc. 2021–09213 Filed 4–28–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 19:27 Apr 28, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\29APE0.SGM 29APE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Worker Organizing and Empowerment

2021-04-26T00:00:00

938e303b0a1f7f98fd266d8a144b2a5d7170595eb287240d45e5d0ce65da1590

Presidential Executive Order

2021-07756 (14023)

Presidential Documents 19569 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Presidential Documents Executive Order 14023 of April 9, 2021 Establishment of the Presidential Commission on the Su- preme Court of the United States By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Establishment. There is established the Presidential Commission on the Supreme Court of the United States (Commission). Sec. 2. Membership. (a) The Commission shall be composed of not more than 36 members appointed by the President. (b) Members of the Commission shall be distinguished constitutional schol- ars, retired members of the Federal judiciary, or other individuals having experience with and knowledge of the Federal judiciary and the Supreme Court of the United States (Supreme Court). (c) The President shall designate two members of the Commission to serve as Co-Chairs. Sec. 3. Functions. (a) The Commission shall produce a report for the President that includes the following: (i) An account of the contemporary commentary and debate about the role and operation of the Supreme Court in our constitutional system and about the functioning of the constitutional process by which the President nominates and, by and with the advice and consent of the Senate, appoints Justices to the Supreme Court; (ii) The historical background of other periods in the Nation’s history when the Supreme Court’s role and the nominations and advice-and- consent process were subject to critical assessment and prompted proposals for reform; and (iii) An analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform, including an appraisal of the merits and legality of particular reform proposals. (b) The Commission shall solicit public comment, including other expert views, to ensure that its work is informed by a broad spectrum of ideas. (c) The Commission shall submit its report to the President within 180 days of the date of the Commission’s first public meeting. Sec. 4. Administration. (a) The Office of Administration within the Executive Office of the President shall provide funding and administrative support for the Commission to the extent permitted by law and within existing appropriations. To the extent permitted by law, including the Economy Act (31 U.S.C. 1535), and subject to the availability of appropriations, the General Services Administration shall provide administrative services, in- cluding facilities, staff, equipment, and other support services as may be necessary to carry out the objectives of the Commission. (b) Members of the Commission shall serve without compensation for their work on the Commission, but shall be allowed travel expenses, includ- ing per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the Government service (5 U.S.C. 5701– 5707). (c) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the Commission, any functions of the President VerDate Sep<11>2014 15:37 Apr 13, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\14APE0.SGM 14APE0 jbell on DSKJLSW7X2PROD with EXECORD 19570 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Presidential Documents under the Act, except for those in section 6 of the Act, shall be performed by the Administrator of General Services. Sec. 5. Termination. The Commission shall terminate 30 days after it submits its report to the President. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, April 9, 2021. [FR Doc. 2021–07756 Filed 4–13–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:37 Apr 13, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\14APE0.SGM 14APE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Establishment of the Presidential Commission on the Supreme Court of the United States

2021-04-09T00:00:00

1958a0f74858bc4e4dcd98353c0c76ddb9f883f75d32daf248a3d4a4b0eb08e8

Presidential Executive Order

2021-08098 (14024)

Presidential Documents 20249 Federal Register Vol. 86, No. 73 Monday, April 19, 2021 Title 3— The President Executive Order 14024 of April 15, 2021 Blocking Property With Respect To Specified Harmful For- eign Activities of the Government of the Russian Federation By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, find that specified harmful foreign activities of the Government of the Russian Federation—in particular, efforts to undermine the conduct of free and fair democratic elections and democratic institutions in the United States and its allies and partners; to engage in and facilitate malicious cyber-enabled activities against the United States and its allies and partners; to foster and use transnational corruption to influence foreign governments; to pursue extraterritorial activities targeting dissidents or journalists; to undermine security in countries and regions important to United States national security; and to violate well-established principles of international law, including respect for the territorial integrity of states—constitute an unusual and ex- traordinary threat to the national security, foreign policy, and economy of the United States. I hereby declare a national emergency to deal with that threat. Accordingly, I hereby order: Section 1. All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (a) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, and, with respect to subsection (a)(ii) of this section, in consultation with the Attorney General, or by the Secretary of State, in consultation with the Secretary of the Treasury, and, with respect to subsection (a)(ii) of this section, in consultation with the Attorney General: (i) to operate or have operated in the technology sector or the defense and related materiel sector of the Russian Federation economy, or any other sector of the Russian Federation economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State; (ii) to be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, any of the following for or on behalf of, or for the benefit of, directly or indirectly, the Government of the Russian Federation: (A) malicious cyber-enabled activities; (B) interference in a United States or other foreign government election; (C) actions or policies that undermine democratic processes or institu- tions in the United States or abroad; (D) transnational corruption; VerDate Sep<11>2014 15:45 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\19APE0.SGM 19APE0 jbell on DSKJLSW7X2PROD with EXECORD 20250 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Presidential Documents (E) assassination, murder, or other unlawful killing of, or infliction of other bodily harm against, a United States person or a citizen or national of a United States ally or partner; (F) activities that undermine the peace, security, political stability, or territorial integrity of the United States, its allies, or its partners; or (G) deceptive or structured transactions or dealings to circumvent any United States sanctions, including through the use of digital currencies or assets or the use of physical assets; (iii) to be or have been a leader, official, senior executive officer, or member of the board of directors of: (A) the Government of the Russian Federation; (B) an entity that has, or whose members have, engaged in any activity described in subsection (a)(ii) of this section; or (C) an entity whose property and interests in property are blocked pursuant to this order; (iv) to be a political subdivision, agency, or instrumentality of the Govern- ment of the Russian Federation; (v) to be a spouse or adult child of any person whose property and interests in property are blocked pursuant to subsection (a)(ii) or (iii) of this section; (vi) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of: (A) any activity described in subsection (a)(ii) of this section; or (B) any person whose property and interests in property are blocked pursuant to this order; or (vii) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, the Government of the Russian Federation or any person whose property and interests in property are blocked pursuant to this order. (b) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, to have materially assisted, sponsored, or pro- vided financial, material, or technological support for, or goods or services to or in support of, a government whose property and interests in property are blocked pursuant to chapter V of title 31 of the Code of Federal Regula- tions or another Executive Order, and to be: (i) a citizen or national of the Russian Federation; (ii) an entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation (including foreign branches); or (iii) a person ordinarily resident in the Russian Federation. (c) any person determined by the Secretary of State, in consultation with the Secretary of the Treasury, to be responsible for or complicit in, or to have directly or indirectly engaged in or attempted to engage in, cutting or disrupting gas or energy supplies to Europe, the Caucasus, or Asia, and to be: (i) an individual who is a citizen or national of the Russian Federation; or (ii) an entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation (including foreign branches). (d) The prohibitions in subsections (a), (b), and (c) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. Sec. 2. The prohibitions in section 1 of this order include: VerDate Sep<11>2014 15:45 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\19APE0.SGM 19APE0 jbell on DSKJLSW7X2PROD with EXECORD 20251 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Presidential Documents (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 3. (a) The unrestricted immigrant and nonimmigrant entry into the United States of noncitizens determined to meet one or more of the criteria in section 1 of this order would be detrimental to the interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is hereby suspended, except when the Sec- retary of State or the Secretary of Homeland Security, as appropriate, deter- mines that the person’s entry would not be contrary to the interests of the United States, including when the Secretary of State or the Secretary of Homeland Security, as appropriate, so determines, based on a rec- ommendation of the Attorney General, that the person’s entry would further important United States law enforcement objectives. (b) The Secretary of State shall implement this authority as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. (c) The Secretary of Homeland Security shall implement this order as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish. (d) Such persons shall be treated by this section in the same manner as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). Sec. 4. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibi- tions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 5. I hereby determine that the making of donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 6. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘Government of the Russian Federation’’ means the Govern- ment of the Russian Federation, any political subdivision, agency, or instru- mentality thereof, including the Central Bank of the Russian Federation, and any person owned, controlled, or directed by, or acting for or on behalf of, the Government of the Russian Federation; (c) the term ‘‘noncitizen’’ means any person who is not a citizen or noncitizen national of the United States; (d) the term ‘‘person’’ means an individual or entity; and (e) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. VerDate Sep<11>2014 15:45 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\19APE0.SGM 19APE0 jbell on DSKJLSW7X2PROD with EXECORD 20252 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Presidential Documents I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All depart- ments and agencies of the United States shall take all appropriate measures within their authority to carry out the provisions of this order. Sec. 9. Nothing in this order shall prohibit transactions for the conduct of the official business of the Federal Government or the United Nations (including its specialized agencies, programs, funds, and related organiza- tions) by employees, grantees, and contractors thereof. Sec. 10. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 11. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, April 15, 2021. [FR Doc. 2021–08098 Filed 4–16–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:45 Apr 16, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\19APE0.SGM 19APE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian Federation

2021-04-15T00:00:00

c752770747ca6084d02557e4c48a5b095297c4395f331259629f17976defb196

Presidential Executive Order

2021-07239 (14022)

Presidential Documents 17895 Federal Register / Vol. 86, No. 65 / Wednesday, April 7, 2021 / Presidential Documents Executive Order 14022 of April 1, 2021 Termination of Emergency With Respect to the International Criminal Court By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, find that, although the United States continues to object to the International Criminal Court’s (ICC) assertions of jurisdiction over personnel of such non- States Parties as the United States and its allies absent their consent or referral by the United Nations Security Council and will vigorously protect current and former United States personnel from any attempts to exercise such jurisdiction, the threat and imposition of financial sanctions against the Court, its personnel, and those who assist it are not an effective or appropriate strategy for addressing the United States’ concerns with the ICC. Accordingly, I hereby terminate the national emergency declared in Executive Order 13928 of June 11, 2020 (Blocking Property of Certain Persons Associ- ated With the International Criminal Court), and revoke that order, and further order: Section 1. In light of the revocation of Executive Order 13928, the suspension of entry as immigrants and nonimmigrants of individuals meeting the criteria set forth in section 1(a) of that order will no longer be in effect as of the date of this order and such individuals will no longer be treated as persons covered by Presidential Proclamation 8693 of July 24, 2011 (Suspen- sion of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). Sec. 2. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)), termination of the national emergency declared in Executive Order 13928 shall not affect any action taken or proceeding pending not finally concluded or determined as of the date of this order, any action or proceeding based on any act committed prior to the date of this order, or any rights or duties that matured or penalties that were incurred prior to the date of this order. Sec. 3. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 16:08 Apr 06, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\07APE0.SGM 07APE0 17896 Federal Register / Vol. 86, No. 65 / Wednesday, April 7, 2021 / Presidential Documents (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, April 1, 2021. [FR Doc. 2021–07239 Filed 4–6–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:08 Apr 06, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\07APE0.SGM 07APE0 BIDEN.EPS</GPH>

Termination of Emergency With Respect to the International Criminal Court

2021-04-01T00:00:00

fb8d233f17b8584a1203e94699ed0e05be4a8684633d20ac3d185b162490ef9d

Presidential Executive Order

2021-05200 (14021)

Presidential Documents 13803 Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Presidential Documents Executive Order 14021 of March 8, 2021 Guaranteeing an Educational Environment Free From Dis- crimination on the Basis of Sex, Including Sexual Orientation or Gender Identity By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of my Administration that all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity. For students attending schools and other educational institutions that receive Federal financial assistance, this guarantee is codified, in part, in Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs or activities receiving Federal financial assistance. Sec. 2. Review of Agency Actions. (a) Within 100 days of the date of this order, the Secretary of Education, in consultation with the Attorney General, shall review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that are or may be inconsistent with the policy set forth in section 1 of this order, and provide the findings of this review to the Director of the Office of Management and Budget. (i) As part of the review required under subsection (a) of this section, the Secretary of Education shall review the rule entitled ‘‘Nondiscrimina- tion on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,’’ 85 FR 30026 (May 19, 2020), and any other agency actions taken pursuant to that rule, for consistency with governing law, including Title IX, and with the policy set forth in section 1 of this order. (ii) As soon as practicable, and as appropriate and consistent with applica- ble law, the Secretary of Education shall review existing guidance and issue new guidance as needed on the implementation of the rule described in subsection (a)(i) of this section, for consistency with governing law, including Title IX, and with the policy set forth in section 1 of this order. (iii) The Secretary of Education shall consider suspending, revising, or rescinding—or publishing for notice and comment proposed rules sus- pending, revising, or rescinding—those agency actions that are inconsistent with the policy set forth in section 1 of this order as soon as practicable and as appropriate and consistent with applicable law, and may issue such requests for information as would facilitate doing so. (b) The Secretary of Education shall consider taking additional enforcement actions, as appropriate and consistent with applicable law, to enforce the policy set forth in section 1 of this order as well as legal prohibitions on sex discrimination in the form of sexual harassment, which encompasses sexual violence, to the fullest extent permissible under law; to account for intersecting forms of prohibited discrimination that can affect the avail- ability of resources and support for students who have experienced sex discrimination, including discrimination on the basis of race, disability, and national origin; to account for the significant rates at which students VerDate Sep<11>2014 15:16 Mar 10, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\11MRE1.SGM 11MRE1 khammond on DSKJM1Z7X2PROD with PRESDOC2 13804 Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Presidential Documents who identify as lesbian, gay, bisexual, transgender, and queer (LGBTQ+) are subject to sexual harassment, which encompasses sexual violence; to ensure that educational institutions are providing appropriate support for students who have experienced sex discrimination; and to ensure that their school procedures are fair and equitable for all. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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 8, 2021. [FR Doc. 2021–05200 Filed 3–10–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:16 Mar 10, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\11MRE1.SGM 11MRE1 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC2

Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity

2021-03-08T00:00:00

a33aaf4f575ac3927419046c1aebc9ab09de0e6e5f77ffe736dcbf1f05ff324c

Presidential Executive Order

2021-05183 (14020)

Presidential Documents 13797 Federal Register Vol. 86, No. 46 Thursday, March 11, 2021 Title 3— The President Executive Order 14020 of March 8, 2021 Establishment of the White House Gender Policy Council By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Advancing gender equity and equality is a matter of human rights, justice, and fairness. It is also a strategic imperative that reduces poverty and promotes economic growth, increases access to edu- cation, improves health outcomes, advances political stability, and fosters democracy. The full participation of all people—including women and girls— across all aspects of our society is essential to the economic well-being, health, and security of our Nation and of the world. It is therefore the policy of my Administration to establish and pursue a comprehensive approach to ensure that the Federal Government is working to advance equal rights and opportunities, regardless of gender or gender identity, in advancing domestic and foreign policy—including by promoting workplace diversity, fairness, and inclusion across the Federal workforce and military. This order is intended to advance gender equity and equality, with sensitivity to the experiences of those who suffer discrimination based on multiple factors, including membership in an underserved community. Sec. 2. The White House Gender Policy Council. (a) There is established a White House Gender Policy Council (Council) within the Executive Office of the President. (b) The Council shall coordinate Federal Government efforts to advance gender equity and equality, including policies and programs to: (i) combat systemic biases and discrimination, including sexual harassment, and to support women’s human rights; (ii) increase economic security and opportunity by addressing the structural barriers to women’s participation in the labor force and by decreasing wage and wealth gaps; (iii) address the caregiving needs of American families and support the care-workers they depend upon; (iv) support gender equity and combat gender stereotypes in education, including promoting participation in science, technology, engineering, and math (STEM) fields; (v) promote gender equity in leadership; (vi) increase access to comprehensive health care, address health dispari- ties, and promote sexual and reproductive health and rights; (vii) empower girls; (viii) prevent and respond to all forms of gender-based violence; (ix) address responses to the effects of the coronavirus disease 2019 (COVID–19) on women and girls, especially those related to health, gender- based violence, educational access and attainment, and economic status; (x) advance gender equality globally through diplomacy, development, trade, and defense; (xi) implement United States Government commitments to women’s in- volvement in peace and security efforts; and VerDate Sep<11>2014 15:08 Mar 10, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\11MRE0.SGM 11MRE0 khammond on DSKJM1Z7X2PROD with PRESDOC 13798 Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Presidential Documents (xii) recognize the needs and contributions of women and girls in humani- tarian crises and in development assistance. (c) The Council shall work across executive departments and agencies (agencies) to advance gender equity and equality and provide a coordinated Federal response on issues that have a distinct impact on gender equity and equality. The Council shall also work with each agency to ensure that agency operations are conducted in a manner that promotes gender equity and equality, to the extent permitted by law. (d) The Council shall provide legislative and policy recommendations to the President, evaluate other proposed policies and legislation for their potential impact on issues of gender equity and equality, propose improve- ment in the collection of data related to gender and gender identity, and suggest changes to Federal programs or policies to address issues of signifi- cance to women and girls. (e) The Council shall, consistent with applicable law, conduct outreach with, and consider ways to increase coordination, communication, and en- gagement with, representatives of a diverse range of nonprofit and commu- nity-based organizations, civil society groups, and faith-based organizations; State, local, Tribal and territorial government officials; labor unions and worker organizations; private sector representatives; foreign government offi- cials; multilateral organizations; and other interested persons who can inform the Council’s work. (f) The Council shall be led by two Co-Chairs designated by the President, one of whom shall also serve as the Executive Director of the Council (Executive Director). The Council staff shall also include a Special Assistant to the President and Senior Advisor on Gender-Based Violence and other sufficient staff as may be necessary to carry out the provisions of this order. (g) In addition to the Co-Chairs, the Council shall consist of the following members: (i) the Secretary of State; (ii) the Secretary of the Treasury; (iii) the Secretary of Defense; (iv) the Attorney General; (v) the Secretary of the Interior; (vi) the Secretary of Agriculture; (vii) the Secretary of Commerce; (viii) the Secretary of Labor; (ix) the Secretary of Health and Human Services; (x) the Secretary of Housing and Urban Development; (xi) the Secretary of Transportation; (xii) the Secretary of Energy; (xiii) the Secretary of Education; (xiv) the Secretary of Veterans Affairs; (xv) the Secretary of Homeland Security; (xvi) the Administrator of the Environmental Protection Agency; (xvii) the Director of the Office of Management and Budget; (xviii) the United States Trade Representative; (xix) the Administrator of the Small Business Administration; (xx) the Director of National Intelligence; (xxi) the Representative of the United States of America to the United Nations; VerDate Sep<11>2014 15:08 Mar 10, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\11MRE0.SGM 11MRE0 khammond on DSKJM1Z7X2PROD with PRESDOC 13799 Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Presidential Documents (xxii) the Director of the Office of Science and Technology Policy; (xxiii) the Assistant to the President for National Security Affairs; (xxiv) the Assistant to the President for Domestic Policy; (xxv) the Assistant to the President for Economic Policy; (xxvi) the Assistant to the President on National Climate; (xxvii) the Assistant to the President on COVID–19 Response; (xxviii) the Chief of Staff to the Vice President; (xxix) the Chair of the Council of Economic Advisers; (xxx) the Chair of the Council on Environmental Quality; (xxxi) the Director of the National Science Foundation; (xxxii) the Administrator of General Services; (xxxiii) the Administrator of the National Aeronautics and Space Adminis- tration; (xxxiv) the Chair of the Equal Employment Opportunity Commission; (xxxv) the Administrator of the United States Agency for International Development; (xxxvi) the Director of the Office of Personnel Management; and (xxxvii) the heads of such other agencies and offices as the Co-Chairs may from time to time invite to participate. (h) Members of the Council shall designate, within 30 days of the date of this order, a senior official within their respective agency or office who shall coordinate with the Council and who shall be responsible for overseeing the agency’s or office’s efforts to advance gender equity and equality. The Director of National Intelligence shall designate a National Intelligence Officer for Gender Equality, who shall coordinate intelligence support for the Coun- cil’s work on issues implicating national security. The Co-Chairs may coordi- nate subgroups consisting exclusively of Council members or their designees under this section, as appropriate. (i) Each agency shall bear its own expenses for participating in the Council. Sec. 3. Government-Wide Strategy to Advance Gender Equity and Equality. (a) Within 200 days of the date of this order, the Council, after coordination by the Co-Chairs, shall develop and submit to the President a Government- wide strategy for advancing gender equity and equality in the United States and, when applicable, around the world (the ‘‘Strategy’’). The Strategy should include recommendations on policies, programs, and initiatives that should be proposed, passed, or implemented to advance gender equity and equality in the United States and around the world. (b) Recognizing the gender and racial disparities that COVID–19 has both magnified and exacerbated, in formulating its recommendations to address the effects of the COVID–19 pandemic and related economic disruption on women and girls, the Council shall coordinate with the White House Office of the COVID–19 Response and the COVID–19 Health Equity Task Force, established by section 2 of Executive Order 13995 of January 21, 2021 (Ensuring an Equitable Pandemic Response and Recovery). (c) In developing the Strategy, the Council shall consider the unique experiences and needs of women and girls who are also members of other underserved communities. In implementing this approach, the Council shall work closely with the Domestic Policy Council, which coordinates the inter- agency, whole-of-government strategy for advancing equity, as set forth in Executive Order 13985 of January 20, 2021 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government). Sec. 4. Implementation. (a) After the Strategy has been submitted to the President, the heads of agencies, or their designees, shall, in consultation with the Council and the Office of Management and Budget (OMB), select VerDate Sep<11>2014 15:08 Mar 10, 2021 Jkt 253250 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11MRE0.SGM 11MRE0 khammond on DSKJM1Z7X2PROD with PRESDOC 13800 Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Presidential Documents certain of their respective agency’s programs and policies for review for consistency with the Strategy. As appropriate and consistent with law, the heads of agencies shall suspend, revise, or rescind, or publish for notice and comment proposed rules suspending, revising, or rescinding, any direc- tives, orders, regulations, policies, or guidance inconsistent with the Strategy. As appropriate, the heads of agencies shall consult with the Attorney General to the extent that any proposed actions require consultation or review under Executive Order 12250 of November 2, 1980 (Leadership and Coordination of Nondiscrimination Laws). As part of its review, the Administrator of the United States Agency for International Development shall, as appropriate and consistent with law, review the 2020 Gender Equality and Women’s Empowerment Policy and revise or rescind it as appropriate. (b) The Council shall coordinate a comprehensive, interagency response to gender-based violence at home and abroad, including intervention, preven- tion, and public health strategies to reduce incidence and impacts. The Special Assistant to the President and Senior Advisor on Gender-Based Violence, working with the Executive Director, shall create a National Action Plan to End Gender-Based Violence that establishes a Government-wide approach to preventing and addressing gender-based violence in the United States and shall work, in conjunction with the Assistant to the President for National Security Affairs, to lead a comprehensive, interagency review and update of the 2016 United States Strategy to Prevent and Respond to Gender-Based Violence Globally, as appropriate and consistent with law. (c) Following the submission of the Strategy developed pursuant to section 3 of this order, the heads of agencies shall report to the Council semi- annually, and the Council shall prepare an annual report for submission to the President—a version of which shall be made public—on progress made in implementing the Strategy. (d) The Council shall coordinate with the Domestic Policy Council, OMB, and other agencies and offices to advance my Administration’s efforts to achieve greater equity as set forth in Executive Order 13985. In particular, among other things, the Council shall coordinate with the Interagency Work- ing Group on Equitable Data, established in section 9 of Executive Order 13985. (e) The Council shall coordinate with the National Security Council on all issues related to gender equality globally, including women’s economic participation, health, and involvement in peace and security efforts. (f) Consistent with section 6 of Executive Order 13985, the Director of OMB shall identify opportunities to promote gender equity and equality in the budget that the President submits to the Congress. (g) The heads of agencies, interagency working groups, and task forces shall assist and provide information to the Council, as appropriate and consistent with applicable law, as may be helpful to carry out the functions of the Council. Sec. 5. Termination. The Working Group created by section 2 of the Presi- dential Memorandum of February 7, 2019 (Promoting Women’s Global Devel- opment and Prosperity) (NSPM–16), is terminated. NSPM–16 is amended by substituting, in section 3(e), ‘‘the Council’’ for ‘‘the Working Group’’. Sec. 6. Definitions. (a) The term ‘‘equity’’ means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treat- ment, such as women and girls; Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality. (b) The term ‘‘underserved communities’’ refers to populations sharing a particular characteristic, as well as geographic communities, that have VerDate Sep<11>2014 15:08 Mar 10, 2021 Jkt 253250 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\11MRE0.SGM 11MRE0 khammond on DSKJM1Z7X2PROD with PRESDOC 13801 Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Presidential Documents been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the preceding definition of ‘‘equity.’’ Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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 8, 2021. [FR Doc. 2021–05183 Filed 3–10–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:08 Mar 10, 2021 Jkt 253250 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\11MRE0.SGM 11MRE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC

Establishment of the White House Gender Policy Council

2021-03-08T00:00:00

83e98d4901e250042cb14c254d8f085a5f3aab6ed10c3a574f61b7f6f5a5820b

Presidential Executive Order

2021-05087 (14019)

Presidential Documents 13623 Federal Register Vol. 86, No. 45 Wednesday, March 10, 2021 Title 3— The President Executive Order 14019 of March 7, 2021 Promoting Access to Voting By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. The right to vote is the foundation of American democ- racy. Free and fair elections that reflect the will of the American people must be protected and defended. But many Americans, especially people of color, confront significant obstacles to exercising that fundamental right. These obstacles include difficulties with voter registration, lack of election information, and barriers to access at polling places. For generations, Black voters and other voters of color have faced discriminatory policies and other obstacles that disproportionally affect their communities. These voters remain more likely to face long lines at the polls and are disproportionately burdened by voter identification laws and limited opportunities to vote by mail. Limited access to language assistance remains a barrier for many voters. People with disabilities continue to face barriers to voting and are denied legally required accommodations in exercising their fundamental rights and the ability to vote privately and independently. Members of our military serving overseas, as well as other American citizens living abroad, also face challenges to exercising their fundamental right to vote. The Constitution and laws of the United States prohibit racial discrimination and protect the right to vote. The Voting Rights Act of 1965 and other Federal statutes implement those protections and assign the Federal Govern- ment a key role in remedying disenfranchisement and unequal access to the polls. In passing the National Voter Registration Act of 1993, the Congress found that it is the duty of Federal, State, and local governments to promote the exercise of the fundamental right to vote. Executive departments and agencies (agencies) should partner with State, local, Tribal, and territorial election officials to protect and promote the exercise of the right to vote, eliminate discrimination and other barriers to voting, and expand access to voter registration and accurate election information. It is our duty to ensure that registering to vote and the act of voting be made simple and easy for all those eligible to do so. Sec. 2. Policy. It is the policy of my Administration to promote and defend the right to vote for all Americans who are legally entitled to participate in elections. It is the responsibility of the Federal Government to expand access to, and education about, voter registration and election information, and to combat misinformation, in order to enable all eligible Americans to participate in our democracy. Sec. 3. Expanding Access to Voter Registration and Election Information. Agencies shall consider ways to expand citizens’ opportunities to register to vote and to obtain information about, and participate in, the electoral process. (a) The head of each agency shall evaluate ways in which the agency can, as appropriate and consistent with applicable law, promote voter reg- istration and voter participation. This effort shall include consideration of: (i) ways to provide relevant information in the course of activities or services that directly engage with the public—including through agency materials, websites, online forms, social media platforms, and other points of public access—about how to register to vote, how to request a vote- by-mail ballot, and how to cast a ballot in upcoming elections; VerDate Sep<11>2014 15:53 Mar 09, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 13624 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Presidential Documents (ii) ways to facilitate seamless transition from agencies’ websites directly to State online voter registration systems or appropriate Federal websites, such as Vote.gov; (iii) ways to provide access to voter registration services and vote-by- mail ballot applications in the course of activities or services that directly engage with the public, including: (A) distributing voter registration and vote-by-mail ballot application forms, and providing access to applicable State online systems for individ- uals who can take advantage of those systems; (B) assisting applicants in completing voter registration and vote-by- mail ballot application forms in a manner consistent with all relevant State laws; and (C) soliciting and facilitating approved, nonpartisan third-party organiza- tions and State officials to provide voter registration services on agency premises; (iv) ways to promote and expand access to multilingual voter registration and election information, and to promote equal participation in the elec- toral process for all eligible citizens of all backgrounds; and (v) whether, consistent with applicable law, any identity documents issued by the agency to members of the public can be issued in a form that satisfies State voter identification laws. (b) Within 200 days of the date of this order, the head of each agency shall submit to the Assistant to the President for Domestic Policy a strategic plan outlining the ways identified under this review that the agency can promote voter registration and voter participation. (c) The Administrator of the Office of Electronic Government, Office of Management and Budget, shall, consistent with applicable law, coordinate efforts across agencies to improve or modernize Federal websites and digital services that provide election and voting information to the American people, including ensuring that Federal websites are accessible to individuals with disabilities and people with limited English proficiency. As appropriate, the Administrator of the United States Digital Service may support agencies in implementing the strategic plans directed in subsection (b) of this section. Sec. 4. Acceptance of Designation Under the National Voter Registration Act. (a) This order shall supersede section 3 of Executive Order 12926 of September 12, 1994 (Implementation of the National Voter Registration Act of 1993). (b) Each agency, if requested by a State to be designated as a voter registration agency pursuant to section 7(a)(3)(B)(ii) of the National Voter Registration Act, shall, to the greatest extent practicable and consistent with applicable law, agree to such designation. If an agency declines to consent to such designation, the head of the agency shall submit to the President a written explanation for the decision. (c) The head of each agency shall evaluate where and how the agency provides services that directly engage with the public and, to the greatest extent practicable, formally notify the States in which the agency provides such services that it would agree to designation as a voter registration agency pursuant to section 7(a)(3)(B)(ii) of the National Voter Registration Act. Sec. 5. Modernizing Vote.gov. The General Services Administration (GSA) shall take steps to modernize and improve the user experience of Vote.gov. In determining how to do so, GSA shall coordinate with the Election Assist- ance Commission and other agencies as appropriate, and seek the input of affected stakeholders, including election administrators, civil rights and disability rights advocates, Tribal Nations, and nonprofit groups that study best practices for using technology to promote civic engagement. (a) GSA’s efforts to modernize and improve Vote.gov shall include: VerDate Sep<11>2014 15:53 Mar 09, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 13625 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Presidential Documents (i) ensuring that Vote.gov complies, at minimum, with sections 504 and 508 of the Rehabilitation Act of 1973; (ii) ensuring that Vote.gov is translated into languages spoken by any of the language groups covered under section 203 of the Voting Rights Act anywhere in the United States; and (iii) implementing relevant provisions of the 21st Century Integrated Digital Experience Act (Public Law 115–336). (b) Within 200 days of the date of this order, GSA shall submit to the Assistant to the President for Domestic Policy a strategic plan outlining the steps to modernize and improve the user experience of Vote.gov. Sec. 6. Increasing Opportunities for Employees to Vote. It is a priority of my Administration to ensure that the Federal Government, as the Nation’s largest employer, serves as a model employer by encouraging and facilitating Federal employees’ civic participation. Accordingly, the Director of the Office of Personnel Management shall take the following actions within 200 days of the date of this order: (a) coordinate with the heads of executive agencies, as defined in 5 U.S.C. 105, to provide recommendations to the President, through the Assistant to the President for Domestic Policy, on strategies to expand the Federal Government’s policy of granting employees time off to vote in Federal, State, local, Tribal, and territorial elections. Such recommendations should include efforts to ensure Federal employees have opportunities to participate in early voting. (b) Coordinate with the heads of executive agencies, as defined in 5 U.S.C. 105, to provide recommendations to the President, through the Assist- ant to the President for Domestic Policy, on strategies to better support Federal employees who wish to volunteer to serve as non-partisan poll workers or non-partisan observers, particularly during early or extended voting periods. Sec. 7. Ensuring Equal Access for Voters with Disabilities. Within 270 days of the date of this order, the National Institute of Standards and Technology (NIST) within the Department of Commerce shall evaluate the steps needed to ensure that the online Federal Voter Registration Form is accessible to people with disabilities. During that period, NIST, in consultation with the Department of Justice, the Election Assistance Commission, and other agencies, as appropriate, shall also analyze barriers to private and inde- pendent voting for people with disabilities, including access to voter registra- tion, voting technology, voting by mail, polling locations, and poll worker training. By the end of the 270-day period, NIST shall publish recommenda- tions regarding both the Federal Voter Registration Form and the other barriers it has identified. Sec. 8. Ensuring Access to Voting for Active Duty Military and Overseas Citizens. (a) Within 200 days of the date of this order, the Secretary of Defense shall establish procedures, consistent with applicable law, to affirma- tively offer, on an annual basis, each member of the Armed Forces on active duty the opportunity to register to vote in Federal elections, update voter registration information, or request an absentee ballot. (b) Within 200 days of the date of this order, the Secretary of Defense shall evaluate the feasibility of implementing an online system to facilitate the services described in subsection (a) of this section. (c) The Secretary of Defense, in coordination with the Department of State, the Military Postal Service Agency, and the United States Postal Service, shall take all practical steps to establish procedures to enable a comprehensive end-to-end ballot tracking system for all absentee ballots cast by military and other eligible overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301 et seq. Within 200 days of the date of this order, the Secretary of Defense shall submit a report to the Assistant to the President for Domestic Policy with a strategic plan for establishing the aforementioned tracking system. VerDate Sep<11>2014 15:53 Mar 09, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 13626 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Presidential Documents (d) The head of each agency with overseas employees shall designate an employee to be responsible for coordinating with the Federal Voting Assistance Program, including to promote voter registration and voting serv- ices available to the agency’s overseas employees. The Director of the Office of Management and Budget may issue guidance to assist agencies in making such designations. Sec. 9. Ensuring Access to Voter Registration for Eligible Individuals in Federal Custody. (a) The Attorney General shall establish procedures, con- sistent with applicable law, to provide educational materials related to voter registration and voting and, to the extent practicable, to facilitate voter registration, for all eligible individuals in the custody of the Federal Bureau of Prisons. Such educational materials shall be incorporated into the reentry planning procedures required under section 4042(a)(7) of title 18, United States Code. The educational materials should also notify individuals leaving Federal custody of the restrictions, if any, on their ability to vote under the laws of the State where the individual resides and, if any such restrictions exist, the point at which the individual’s rights will be restored under applicable State law. (b) The Attorney General shall establish procedures, consistent with appli- cable law, to ensure the United States Marshals Service includes language in intergovernmental agreements and jail contracts to require the jails to provide educational materials related to voter registration and voting, and to facilitate voting by mail, to the extent practicable and appropriate. (c) The Attorney General shall establish procedures, consistent with appli- cable law, for coordinating with the Probation and Pretrial Services Office of the Administrative Office of the United States Courts to provide edu- cational materials related to voter registration and voting to all eligible individuals under the supervision of the Probation and Pretrial Services Office, and to facilitate voter registration and voting by such individuals. (d) The Attorney General shall take appropriate steps, consistent with applicable law, to support formerly incarcerated individuals in obtaining a means of identification that satisfies State voter identification laws, includ- ing as required by 18 U.S.C. 4042(a)(6)(B). Sec. 10. Establishing a Native American Voting Rights Steering Group. (a) There is hereby established an Interagency Steering Group on Native Amer- ican Voting Rights (Steering Group) coordinated by the Domestic Policy Council. (b) The Steering Group shall be chaired by the Assistant to the President for Domestic Policy and shall include the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs or their designees. The Chair may invite the participation of the heads or senior representatives of other agencies, as the Chair determines to be helpful to complete the work of the Steering Group. The Steering Group shall consult with agencies not represented on the Steering Group to facilitate the sharing of information and best practices, as appropriate and consistent with applicable law. (c) The Steering Group shall engage in meaningful and robust consultation with Tribal Nations and Native leaders to inform the Steering Group regarding concerns and potential areas of focus for the report described in subsection (d) of this section, and to assist the Steering Group in developing that report. (d) The Steering Group shall study best practices for protecting voting rights of Native Americans and shall produce a report within 1 year of the date of this order outlining recommendations for providing such protec- tion, consistent with applicable law, including recommendations for: (i) increasing voter outreach, education, registration, and turnout in Native American communities; increasing voting access for Native American com- munities (including increasing accessibility for voters with disabilities); VerDate Sep<11>2014 15:53 Mar 09, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 13627 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Presidential Documents and mitigating internet accessibility issues that may hinder voter registra- tion and ballot access in Native American communities; (ii) increasing language access and assistance for Native American voters, including evaluating existing best practices; (iii) mitigating barriers to voting for Native Americans by analyzing and providing guidance on how to facilitate the use of Tribal government identification cards as valid voter identification in Federal, State, local, Tribal, and territorial elections; (iv) facilitating collaboration among local election officials, Native Amer- ican communities, and Tribal election offices; and (v) addressing other areas identified during the consultation process. (e) The Department of the Interior shall provide administrative support for the Steering Group to the extent permitted by law. Sec. 11. Definition. Except as otherwise defined in section 6 of this order, ‘‘agency’’ means any authority of the United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). Sec. 12. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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 7, 2021. [FR Doc. 2021–05087 Filed 3–9–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:53 Mar 09, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 BIDEN.EPS</GPH>

Promoting Access to Voting

2021-03-07T00:00:00

62885563d5a143f7ea86d8a8644bcacd86ee33ec1ad724d5143e9b29308cbc22

Presidential Executive Order

2021-03874 (14016)

Presidential Documents 11089 Federal Register Vol. 86, No. 34 Tuesday, February 23, 2021 Title 3— The President Executive Order 14016 of February 17, 2021 Revocation of Executive Order 13801 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered that: Section 1. Revocation of Executive Order. Executive Order 13801 of June 15, 2017 (Expanding Apprenticeships in America), is hereby revoked. Sec. 2. Implementation. The Director of the Office of Management and Budget and the heads of executive departments and agencies shall promptly consider taking steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing the Executive Order identified in section 1 of this order, as appropriate and consistent with applicable law, including the Administrative Procedure Act, 5 U.S.C. 551 et seq. In addition, any personnel positions, committees, task forces, or other entities established pursuant to the Executive Order identified in section 1 of this order shall be abolished, as appropriate and consistent with applicable law. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 21:45 Feb 22, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\23FEE0.SGM 23FEE0 11090 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Presidential Documents (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, February 17, 2021. [FR Doc. 2021–03874 Filed 2–22–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 21:45 Feb 22, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\23FEE0.SGM 23FEE0 BIDEN.EPS</GPH>

Revocation of Executive Order 13801

2021-02-17T00:00:00

216241da4a6ca64571bfbf399ae39648e2962e8f60226ca8fb63b47d8890a0c6

Presidential Executive Order

2021-04281 (14018)

Presidential Documents 11855 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Presidential Documents Executive Order 14018 of February 24, 2021 Revocation of Certain Presidential Actions By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Revocation of Presidential Actions. The following Presidential actions are revoked: Executive Order 13772 of February 3, 2017 (Core Prin- ciples for Regulating the United States Financial System), Executive Order 13828 of April 10, 2018 (Reducing Poverty in America by Promoting Oppor- tunity and Economic Mobility), Memorandum of January 29, 2020 (Delegation of Certain Authority Under the Federal Service Labor-Management Relations Statute), Executive Order 13924 of May 19, 2020 (Regulatory Relief To Support Economic Recovery), Memorandum of September 2, 2020 (Reviewing Funding to State and Local Government Recipients of Federal Funds That Are Permitting Anarchy, Violence, and Destruction in American Cities), Executive Order 13967 of December 18, 2020 (Promoting Beautiful Federal Civic Architecture), and Executive Order 13979 of January 18, 2021 (Ensuring Democratic Accountability in Agency Rulemaking). Sec. 2. Implementation. The Director of the Office of Management and Budget and the heads of executive departments and agencies shall promptly consider taking steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing the Presidential actions identified in section 1 of this order, as appropriate and consistent with applicable law, including the Administrative Procedure Act, 5 U.S.C. 551 et seq. In addition, any personnel positions, committees, task forces, or other entities established pursuant to the Presidential actions identified in section 1 of this order shall be abolished, as appropriate and consistent with applicable law. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 16:14 Feb 26, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\01MRE1.SGM 01MRE1 11856 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Presidential Documents (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, February 24, 2021. [FR Doc. 2021–04281 Filed 2–26–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:14 Feb 26, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\01MRE1.SGM 01MRE1 BIDEN.EPS</GPH>

Revocation of Certain Presidential Actions

2021-02-24T00:00:00

88b0ce84d2fbd049943fca00221d48a394265c5722db53fc4ff606757fbbde26

Presidential Executive Order

2021-04280 (14017)

Presidential Documents 11849 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Presidential Documents Executive Order 14017 of February 24, 2021 America’s Supply Chains By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. The United States needs resilient, diverse, and secure supply chains to ensure our economic prosperity and national security. Pandemics and other biological threats, cyber-attacks, climate shocks and extreme weather events, terrorist attacks, geopolitical and economic competi- tion, and other conditions can reduce critical manufacturing capacity and the availability and integrity of critical goods, products, and services. Resil- ient American supply chains will revitalize and rebuild domestic manufac- turing capacity, maintain America’s competitive edge in research and devel- opment, and create well-paying jobs. They will also support small businesses, promote prosperity, advance the fight against climate change, and encourage economic growth in communities of color and economically distressed areas. More resilient supply chains are secure and diverse—facilitating greater domestic production, a range of supply, built-in redundancies, adequate stockpiles, safe and secure digital networks, and a world-class American manufacturing base and workforce. Moreover, close cooperation on resilient supply chains with allies and partners who share our values will foster collective economic and national security and strengthen the capacity to respond to international disasters and emergencies. Therefore, it is the policy of my Administration to strengthen the resilience of America’s supply chains. Sec. 2. Coordination. The Assistant to the President for National Security Affairs (APNSA) and the Assistant to the President for Economic Policy (APEP) shall coordinate the executive branch actions necessary to implement this order through the interagency process identified in National Security Memorandum 2 of February 4, 2021 (Renewing the National Security Council System). In implementing this order, the heads of agencies should, as appro- priate, consult outside stakeholders—such as those in industry, academia, non-governmental organizations, communities, labor unions, and State, local, and Tribal governments—in order to fulfill the policy identified in section 1 of this order. Sec. 3. 100-Day Supply Chain Review. (a) To advance the policy described in section 1 of this order, the APNSA and the APEP, in coordination with the heads of appropriate agencies, as defined in section 6(a) of this order, shall complete a review of supply chain risks, as outlined in subsection (b) of this section, within 100 days of the date of this order. (b) Within 100 days of the date of this order, the specified heads of agencies shall submit the following reports to the President, through the APNSA and the APEP: (i) The Secretary of Commerce, in consultation with the heads of appro- priate agencies, shall submit a report identifying risks in the semiconductor manufacturing and advanced packaging supply chains and policy rec- ommendations to address these risks. The report shall include the items described in section 4(c) of this order. (ii) The Secretary of Energy, in consultation with the heads of appropriate agencies, shall submit a report identifying risks in the supply chain for VerDate Sep<11>2014 16:13 Feb 26, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\01MRE0.SGM 01MRE0 11850 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Presidential Documents high-capacity batteries, including electric-vehicle batteries, and policy rec- ommendations to address these risks. The report shall include the items described in section 4(c) of this order. (iii) The Secretary of Defense (as the National Defense Stockpile Manager), in consultation with the heads of appropriate agencies, shall submit a report identifying risks in the supply chain for critical minerals and other identified strategic materials, including rare earth elements (as determined by the Secretary of Defense), and policy recommendations to address these risks. The report shall also describe and update work done pursuant to Executive Order 13953 of September 30, 2020 (Addressing the Threat to the Domestic Supply Chain From Reliance on Critical Minerals From Foreign Adversaries and Supporting the Domestic Mining and Processing Industries). The report shall include the items described in section 4(c) of this order. (iv) The Secretary of Health and Human Services, in consultation with the heads of appropriate agencies, shall submit a report identifying risks in the supply chain for pharmaceuticals and active pharmaceutical ingredi- ents and policy recommendations to address these risks. The report shall complement the ongoing work to secure the supply chains of critical items needed to combat the COVID–19 pandemic, including personal pro- tective equipment, conducted pursuant to Executive Order 14001 of January 21, 2021 (A Sustainable Public Health Supply Chain). The report shall include the items described in section 4(c) of this order. (c) The APNSA and the APEP shall review the reports required under subsection (b) of this section and shall submit the reports to the President in an unclassified form, but may include a classified annex. (d) The APNSA and the APEP shall include a cover memorandum to the set of reports submitted pursuant to this section, summarizing the reports’ findings and making any additional overall recommendations for addressing the risks to America’s supply chains, including the supply chains for the products identified in subsection (b) of this section. Sec. 4. Sectoral Supply Chain Assessments. (a) Within 1 year of the date of this order, the specified heads of agencies shall submit the following reports to the President, through the APNSA and the APEP: (i) The Secretary of Defense, in consultation with the heads of appropriate agencies, shall submit a report on supply chains for the defense industrial base that updates the report provided pursuant to Executive Order 13806 of July 21, 2017 (Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency of the United States), and builds on the Annual Industrial Capabilities Report mandated by the Congress pursuant to section 2504 of title 10, United States Code. The report shall identify areas where civilian supply chains are dependent upon competitor nations, as determined by the Secretary of Defense. (ii) The Secretary of Health and Human Services, in consultation with the heads of appropriate agencies, shall submit a report on supply chains for the public health and biological preparedness industrial base (as deter- mined by the Secretary of Health and Human Services). The report shall complement the work conducted pursuant to section 4 of Executive Order 14001. (iii) The Secretary of Commerce and the Secretary of Homeland Security, in consultation with the heads of appropriate agencies, shall submit a report on supply chains for critical sectors and subsectors of the informa- tion and communications technology (ICT) industrial base (as determined by the Secretary of Commerce and the Secretary of Homeland Security), including the industrial base for the development of ICT software, data, and associated services. (iv) The Secretary of Energy, in consultation with the heads of appropriate agencies, shall submit a report on supply chains for the energy sector industrial base (as determined by the Secretary of Energy). VerDate Sep<11>2014 16:13 Feb 26, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\01MRE0.SGM 01MRE0 11851 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Presidential Documents (v) The Secretary of Transportation, in consultation with the heads of appropriate agencies, shall submit a report on supply chains for the trans- portation industrial base (as determined by the Secretary of Transportation). (vi) The Secretary of Agriculture, in consultation with the heads of appro- priate agencies, shall submit a report on supply chains for the production of agricultural commodities and food products. (b) The APNSA and the APEP shall, as appropriate and in consultation with the heads of appropriate agencies, recommend adjustments to the scope for each industrial base assessment, including digital networks, services, assets, and data (‘‘digital products’’), goods, services, and materials that are relevant within more than one defined industrial base, and add new assessments, as appropriate, for goods and materials not included in the above industrial base assessments. (c) Each report submitted under subsection (a) of this section shall include a review of: (i) the critical goods and materials, as defined in section 6(b) of this order, underlying the supply chain in question; (ii) other essential goods and materials, as defined in section 6(d) of this order, underlying the supply chain in question, including digital products; (iii) the manufacturing or other capabilities necessary to produce the mate- rials identified in subsections (c)(i) and (c)(ii) of this section, including emerging capabilities; (iv) the defense, intelligence, cyber, homeland security, health, climate, environmental, natural, market, economic, geopolitical, human-rights or forced-labor risks or other contingencies that may disrupt, strain, com- promise, or eliminate the supply chain—including risks posed by supply chains’ reliance on digital products that may be vulnerable to failures or exploitation, and risks resulting from the elimination of, or failure to develop domestically, the capabilities identified in subsection (c)(iii) of this section—and that are sufficiently likely to arise so as to require reasonable preparation for their occurrence; (v) the resilience and capacity of American manufacturing supply chains and the industrial and agricultural base—whether civilian or defense— of the United States to support national and economic security, emergency preparedness, and the policy identified in section 1 of this order, in the event any of the contingencies identified in subsection (c)(iv) of this section occurs, including an assessment of: (A) the manufacturing or other needed capacities of the United States, including the ability to modernize to meet future needs; (B) gaps in domestic manufacturing capabilities, including nonexistent, extinct, threatened, or single-point-of-failure capabilities; (C) supply chains with a single point of failure, single or dual suppliers, or limited resilience, especially for subcontractors, as defined by section 44.101 of title 48, Code of Federal Regulations (Federal Acquisition Regula- tion); (D) the location of key manufacturing and production assets, with any significant risks identified in subsection (c)(iv) of this section posed by the assets’ physical location; (E) exclusive or dominant supply of critical goods and materials and other essential goods and materials, as identified in subsections (c)(i) and (c)(ii) of this section, by or through nations that are, or are likely to become, unfriendly or unstable; (F) the availability of substitutes or alternative sources for critical goods and materials and other essential goods and materials, as identified in subsections (c)(i) and (c)(ii) of this section; VerDate Sep<11>2014 16:13 Feb 26, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\01MRE0.SGM 01MRE0 11852 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Presidential Documents (G) current domestic education and manufacturing workforce skills for the relevant sector and identified gaps, opportunities, and potential best practices in meeting the future workforce needs for the relevant sector; (H) the need for research and development capacity to sustain leadership in the development of critical goods and materials and other essential goods and materials, as identified in subsections (c)(i) and (c)(ii) of this section; (I) the role of transportation systems in supporting existing supply chains and risks associated with those transportation systems; and (J) the risks posed by climate change to the availability, production, or transportation of critical goods and materials and other essential goods and materials, as identified in subsections (c)(i) and (c)(ii) of this section. (vi) allied and partner actions, including whether United States allies and partners have also identified and prioritized the critical goods and materials and other essential goods and materials identified in subsections (c)(i) and (c)(ii) of this section, and possible avenues for international engagement. In assessing these allied and partner actions, the heads of agencies shall consult with the Secretary of State; (vii) the primary causes of risks for any aspect of the relevant industrial base and supply chains assessed as vulnerable pursuant to subsection (c)(v) of this section; (viii) a prioritization of the critical goods and materials and other essential goods and materials, including digital products, identified in subsections (c)(i) and (c)(ii) of this section for the purpose of identifying options and policy recommendations. The prioritization shall be based on statutory or regulatory requirements; importance to national security, emergency preparedness, and the policy set forth in section 1 of this order; and the review conducted pursuant to subsection (c)(v) of this section; (ix) specific policy recommendations for ensuring a resilient supply chain for the sector. Such recommendations may include sustainably reshoring supply chains and developing domestic supplies, cooperating with allies and partners to identify alternative supply chains, building redundancy into domestic supply chains, ensuring and enlarging stockpiles, developing workforce capabilities, enhancing access to financing, expanding research and development to broaden supply chains, addressing risks due to vulnerabilities in digital products relied on by supply chains, addressing risks posed by climate change, and any other recommendations; (x) any executive, legislative, regulatory, and policy changes and any other actions to strengthen the capabilities identified in subsection (c)(iii) of this section, and to prevent, avoid, or prepare for any of the contingencies identified in subsection (c)(iv) of this section; and (xi) proposals for improving the Government-wide effort to strengthen supply chains, including proposals for coordinating actions required under this order with ongoing efforts that could be considered duplicative of the work of this order or with existing Government mechanisms that could be used to implement this order in a more effective manner. (d) The APNSA and the APEP shall review the reports required under subsection (a) of this section and shall submit the reports to the President in an unclassified form, but may include a classified annex. Sec. 5. General Review and Recommendations. As soon as practicable fol- lowing the submission of the reports required under section 4 of this order, the APNSA and the APEP, in coordination with the heads of appropriate agencies, shall provide to the President one or more reports reviewing the actions taken over the previous year and making recommendations con- cerning: (a) steps to strengthen the resilience of America’s supply chains; (b) reforms needed to make supply chain analyses and actions more effec- tive, including statutory, regulatory, procedural, and institutional design VerDate Sep<11>2014 16:13 Feb 26, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\01MRE0.SGM 01MRE0 11853 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Presidential Documents changes. The report shall include recommendations on whether additional offices, personnel, resources, statistical data, or authorities are needed; (c) establishment of a quadrennial supply chain review, including processes and timelines regarding ongoing data gathering and supply chain monitoring; (d) diplomatic, economic, security, trade policy, informational, and other actions that can successfully engage allies and partners to strengthen supply chains jointly or in coordination; (e) insulating supply chain analyses and actions from conflicts of interest, corruption, or the appearance of impropriety, to ensure integrity and public confidence in supply chain analyses; (f) reforms to domestic and international trade rules and agreements needed to support supply chain resilience, security, diversity, and strength; (g) education and workforce reforms needed to strengthen the domestic industrial base; (h) steps to ensure that the Government’s supply chain policy supports small businesses, prevents monopolization, considers climate and other envi- ronmental impacts, encourages economic growth in communities of color and economically distressed areas, and ensures geographic dispersal of eco- nomic activity across all regions of the United States; and (i) Federal incentives and any amendments to Federal procurement regula- tions that may be necessary to attract and retain investments in critical goods and materials and other essential goods and materials, as defined in sections 6(b) and 6(d) of this order, including any new programs that could encourage both domestic and foreign investment in critical goods and materials. Sec. 6. Definitions. For purposes of this order: (a) ‘‘Agency’’ means any authority of the United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). ‘‘Agency’’ also means any component of the Executive Office of the President. (b) ‘‘Critical goods and materials’’ means goods and raw materials currently defined under statute or regulation as ‘‘critical’’ materials, technologies, or infrastructure. (c) ‘‘Critical minerals’’ has the meaning given to that term in Executive Order 13953 of September 30, 2020 (Addressing the Threat to the Domestic Supply Chain From Reliance on Critical Minerals From Foreign Adversaries and Supporting the Domestic Mining and Processing Industries). (d) ‘‘Other essential goods and materials’’ means goods and materials that are essential to national and economic security, emergency preparedness, or to advance the policy set forth in section 1 of this order, but not included within the definition of ‘‘critical goods and materials.’’ (e) ‘‘Supply chain,’’ when used with reference to minerals, includes the exploration, mining, concentration, separation, alloying, recycling, and re- processing of minerals. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 16:13 Feb 26, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\01MRE0.SGM 01MRE0 11854 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Presidential Documents (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, February 24, 2021. [FR Doc. 2021–04280 Filed 2–26–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:13 Feb 26, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\01MRE0.SGM 01MRE0 BIDEN.EPS</GPH>

America's Supply Chains

2021-02-24T00:00:00

e0d2cdfe39b340cbb71a445ebc452639d0ddb668de11e842744b35d53e1ad848

Presidential Executive Order

2021-03139 (14014)

Presidential Documents 9429 Federal Register Vol. 86, No. 28 Friday, February 12, 2021 Title 3— The President Executive Order 14014 of February 10, 2021 Blocking Property With Respect to the Situation in Burma By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, find that the situation in and in relation to Burma, and in particular the February 1, 2021, coup, in which the military overthrew the democratically elected civilian government of Burma and unjustly arrested and detained government leaders, politicians, human rights defenders, journalists, and religious leaders, thereby rejecting the will of the people of Burma as expressed in elections held in November 2020 and undermining the country’s democratic transition and rule of law, constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States. I hereby declare a national emergency to deal with that threat. Accordingly, I hereby order: Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State: (i) to operate in the defense sector of the Burmese economy or any other sector of the Burmese economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State; (ii) to be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, any of the following: (A) actions or policies that undermine democratic processes or institu- tions in Burma; (B) actions or policies that threaten the peace, security, or stability of Burma; (C) actions or policies that prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Burma, or that limit access to print, online, or broadcast media in Burma; or (D) the arbitrary detention or torture of any person in Burma or other serious human rights abuse in Burma; (iii) to be or have been a leader or official of: (A) the military or security forces of Burma, or any successor entity to any of the foregoing; (B) the Government of Burma on or after February 2, 2021; (C) an entity that has, or whose members have, engaged in any activity described in subsection (a)(ii) of this section relating to the leader’s or official’s tenure; or VerDate Sep<11>2014 17:29 Feb 11, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\12FEE0.SGM 12FEE0 9430 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Presidential Documents (D) an entity whose property and interests in property are blocked pursuant to this order as a result of activities related to the leader’s or official’s tenure; (iv) to be a political subdivision, agency, or instrumentality of the Govern- ment of Burma; (v) to be a spouse or adult child of any person whose property and interests in property are blocked pursuant to this order; (vi) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of any person whose property and interests in property are blocked pursuant to this order; or (vii) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, the military or security forces of Burma or any person whose property and interests in property are blocked pursuant to this order. (b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. Sec. 2. The prohibitions in section 1 of this order include: (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 3. (a) The unrestricted immigrant and nonimmigrant entry into the United States of noncitizens determined to meet one or more of the criteria in section 1(a) of this order would be detrimental to the interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is hereby suspended, except where the Sec- retary of State or the Secretary of Homeland Security, as appropriate, deter- mines that the person’s entry would not be contrary to the interests of the United States, including when the Secretary of State or the Secretary of Homeland Security, as appropriate, so determines, based on a rec- ommendation of the Attorney General, that the person’s entry would further important United States law enforcement objectives. (b) The Secretary of State shall implement this authority as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. (c) The Secretary of Homeland Security shall implement this order as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish. (d) Such persons shall be treated by this section in the same manner as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). Sec. 4. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibi- tions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 5. I hereby determine that the making of donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to section 1 of this order would seriously impair my ability to deal with the national emergency declared in this order, VerDate Sep<11>2014 17:29 Feb 11, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\12FEE0.SGM 12FEE0 9431 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Presidential Documents and I hereby prohibit such donations as provided by section 1 of this order. Sec. 6. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘Government of Burma’’ means the Government of Burma, any political subdivision, agency, or instrumentality thereof, including the Central Bank of Myanmar, and any person owned or controlled by, or acting for or on behalf of, the Government of Burma; (c) the term ‘‘noncitizen’’ means any person who is not a citizen or noncitizen national of the United States; (d) the term ‘‘person’’ means an individual or entity; and (e) the term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All depart- ments and agencies of the United States shall take all appropriate measures within their authority to carry out the provisions of this order. Sec. 9. Nothing in this order is intended to affect the continued effectiveness of any action taken pursuant to Executive Order 13742 of October 7, 2016 (Termination of Emergency With Respect to the Actions and Policies of the Government of Burma). Sec. 10. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 11. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 17:29 Feb 11, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\12FEE0.SGM 12FEE0 9432 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Presidential Documents (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, February 10, 2021. [FR Doc. 2021–03139 Filed 2–11–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 17:29 Feb 11, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\12FEE0.SGM 12FEE0 BIDEN.EPS</GPH>

Blocking Property With Respect to the Situation in Burma

2021-02-10T00:00:00

cc8ce97c4723b3589f83d4d43e58b267622d814207e16ac14d7a27013e883b53

Presidential Executive Order

2021-03424 (14015)

Presidential Documents 10007 Federal Register Vol. 86, No. 31 Thursday, February 18, 2021 Title 3— The President Executive Order 14015 of February 14, 2021 Establishment of the White House Office of Faith-Based and Neighborhood Partnerships By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to better serve people in need through partnerships with civil society, while preserving our funda- mental constitutional commitments, it is hereby ordered: Section 1. Policy. Faith-based and other community-serving organizations are vital to our Nation’s ability to address the needs of, and lift up, low- income and other underserved persons and communities, notably including persons of color. The American people are key drivers of fundamental change in our country, and few institutions are closer to the people than our faith-based and other community organizations. It is important that the Federal Government strengthen the ability of such organizations and other nonprofit providers in our communities to deliver services effectively in partnership with Federal, State, and local governments and with other private organizations, while preserving our fundamental constitutional commitments guaranteeing the equal protection of the laws and the free exercise of religion and forbidding the establishment of religion. The Federal Government can preserve these fundamental commitments while empowering faith-based and secular organizations to assist in the delivery of vital services in our neighbor- hoods. These partnerships are also vital for the success and effectiveness of the United States’ diplomatic, international development, and humani- tarian work around the world. Sec. 2. Establishment. There is established a White House Office of Faith- Based and Neighborhood Partnerships (White House Partnerships Office) within the Executive Office of the President, supported by the Domestic Policy Council and the Office of Public Engagement, that will have lead responsibility in the executive branch for establishing policies, priorities, and objectives for the Federal Government’s comprehensive effort to enlist, equip, enable, empower, and expand the work of community-serving organi- zations, both faith-based and secular, to the extent permitted by law. Sec. 3. Functions. The principal functions of the White House Partnerships Office are, to the extent permitted by law: (a) to assist in organizing more effective efforts to serve people in need across the country and around the world, in partnership with civil society, including faith-based and secular organizations; (b) to develop, lead, and coordinate the Administration’s policy agenda affecting faith-based and other community programs and initiatives and to optimize the role of such efforts in communities; (c) to ensure that policy decisions and programs throughout the Federal Government are consistent with the policy set forth in section 1 of this order with respect to faith-based and other community initiatives; (d) to bring concerns, ideas, and policy options to Administration leader- ship for assisting, strengthening, and replicating partnerships, whether finan- cial or nonfinancial, with faith-based and other community organizations; and (e) to promote awareness among diverse civil society leaders of opportuni- ties to partner—both financially and otherwise—with the Federal Government to serve people in need and to build institutional capacity. VerDate Sep<11>2014 15:42 Feb 17, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\18FEE0.SGM 18FEE0 jbell on DSKJLSW7X2PROD with EXECORD 10008 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Presidential Documents Sec. 4. Administration. (a) The White House Partnerships Office may make use of established or ad hoc committees, task forces, or interagency groups. (b) The White House Partnerships Office shall be led by an Executive Director and a Deputy Director. The operations of the White House Partner- ships Office shall begin within 30 days of the date of this order. (c) The White House Partnerships Office shall coordinate with the liaison and point of contact designated by each executive department and agency (agency) with respect to this initiative. (d) All agencies shall cooperate with the White House Partnerships Office and provide such information, support, and assistance to the White House Partnerships Office as it may request, to the extent permitted by law. (e) In order to ensure that Federal programs and practices involving grants or contracts to faith-based organizations are consistent with applicable law, the Executive Director of the White House Partnerships Office, acting through the Counsel to the President, may seek the opinion of the Attorney General on any constitutional and statutory questions involving existing or prospec- tive programs and practices. Sec. 5. Amendments to Executive Orders. (a) Executive Order 13198 of January 29, 2001 (Agency Responsibilities With Respect to Faith-Based and Community Initiatives); Executive Order 13279 of December 12, 2002 (Equal Protection of the Laws for Faith-Based and Community Organizations), as amended by Executive Order 13559 of November 17, 2010 (Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations); Executive Order 13280 of December 12, 2002 (Responsibilities of the Department of Agriculture and the Agency for International Development With Respect to Faith-Based and Community Initiatives); Executive Order 13342 of June 1, 2004 (Responsibilities of the Departments of Commerce and Veterans Affairs and the Small Business Administration With Respect to Faith-Based and Community Initiatives); and Executive Order 13397 of March 7, 2006 (Responsibilities of the Depart- ment of Homeland Security With Respect to Faith-Based and Community Initiatives), are amended by: (i) substituting ‘‘White House Office of Faith-Based and Neighborhood Partnerships’’ for ‘‘White House Office of Faith-Based and Community Initiatives’’ and ‘‘White House Faith and Opportunity Initiative’’ each time they appear in those orders; (ii) substituting ‘‘White House Office of Faith-Based and Neighborhood Partnerships’’ for ‘‘White House OFBCI’’ each time it appears in those orders; (iii) substituting ‘‘Centers for Faith-Based and Neighborhood Partnerships’’ for ‘‘Centers for Faith-Based and Community Initiatives’’ and ‘‘Centers for Faith and Opportunity Initiatives’’ each time they appear in those orders; and (iv) substituting ‘‘Center for Faith-Based and Neighborhood Partnerships’’ for ‘‘Center for Faith-Based and Community Initiatives’’ and ‘‘Center for Faith and Opportunity Initiatives’’ each time they appear in those orders. (b) Executive Order 13397, as amended, is further amended by substituting, in section 1(b), ‘‘the Executive Director of the White House Office of Faith- Based and Neighborhood Partnerships (Executive Director)’’ for ‘‘the Director of the White House Office of Faith-Based and Community Initiatives (WHOFBCI Director)’’ and by substituting ‘‘Executive Director’’ for ‘‘WHOFBCI Director’’ each time it appears in the order. Sec. 6. Revocation. Executive Order 13831 of May 3, 2018 (Establishment of a White House Faith and Opportunity Initiative), is revoked. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or VerDate Sep<11>2014 15:42 Feb 17, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\18FEE0.SGM 18FEE0 jbell on DSKJLSW7X2PROD with EXECORD 10009 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Presidential Documents (ii) the functions of the Director of the Office of Management and Budget 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, February 14, 2021. [FR Doc. 2021–03424 Filed 2–17–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:42 Feb 17, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\18FEE0.SGM 18FEE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Establishment of the White House Office of Faith- Based and Neighborhood Partnerships

2021-02-14T00:00:00

ffee928bf6c0d09cd785edd28c086209162451eb2eff862efb0c93da221e826d

Presidential Executive Order

2021-02804 (14013)

Presidential Documents 8839 Federal Register Vol. 86, No. 25 Tuesday, February 9, 2021 Title 3— The President Executive Order 14013 of February 4, 2021 Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nation- ality Act, 8 U.S.C. 1101 et seq., I hereby order as follows: Section 1. Policy. The long tradition of the United States as a leader in refugee resettlement provides a beacon of hope for persecuted people around the world, promotes stability in regions experiencing conflict, and facilitates international collaboration to address the global refugee crisis. Through the United States Refugee Admissions Program (USRAP), the Federal Govern- ment, cooperating with private partners and American citizens in commu- nities across the country, demonstrates the generosity and core values of our Nation, while benefitting from the many contributions that refugees make to our country. Accordingly, it shall be the policy of my Administration that: (a) USRAP and other humanitarian programs shall be administered in a manner that furthers our values as a Nation and is consistent with our domestic law, international obligations, and the humanitarian purposes ex- pressed by the Congress in enacting the Refugee Act of 1980, Public Law 96–212. (b) USRAP should be rebuilt and expanded, commensurate with global need and the purposes described above. (c) Delays in administering USRAP and other humanitarian programs are counter to our national interests, can raise grave humanitarian concerns, and should be minimized. (d) Security vetting for USRAP applicants and applicants for other humani- tarian programs should be improved to be more efficient, meaningful, and fair, and should be complemented by sound methods of fraud detection to ensure program integrity and protect national security. (e) Although access to United States humanitarian programs is generally discretionary, the individuals applying for immigration benefits under these programs must be treated with dignity and respect, without improper dis- crimination on the basis of race, religion, national origin, or other grounds, and should be afforded procedural safeguards. (f) United States humanitarian programs should be administered in a manner that ensures transparency and accountability and reflects the prin- ciple that reunifying families is in the national interest. (g) My Administration shall seek opportunities to enhance access to the refugee program for people who are more vulnerable to persecution, including women, children, and other individuals who are at risk of persecution related to their gender, gender expression, or sexual orientation. (h) Executive departments and agencies (agencies) should explore the use of all available authorities for humanitarian protection to assist individuals for whom USRAP is unavailable. (i) To meet the challenges of restoring and expanding USRAP, the United States must innovate, including by effectively employing technology and capitalizing on community and private sponsorship of refugees, while con- tinuing to partner with resettlement agencies for reception and placement. VerDate Sep<11>2014 17:08 Feb 08, 2021 Jkt 253250 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\09FEE0.SGM 09FEE0 khammond on DSKJM1Z7X2PROD with PRESDOC 8840 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Presidential Documents (j) The Special Immigrant Visa (SIV) programs for Iraqi and Afghan allies provide humanitarian protection to nationals of Iraq and Afghanistan experi- encing an ongoing, serious threat because they provided faithful and valuable service to the United States, including its troops serving in those countries. The Federal Government should ensure that these important programs are administered without undue delay. Sec. 2. Revocation, Rescission, and Reporting. (a) Executive Order 13815 of October 24, 2017 (Resuming the United States Refugee Admissions Program With Enhanced Vetting Capabilities), and Executive Order 13888 of Sep- tember 26, 2019 (Enhancing State and Local Involvement in Refugee Resettle- ment), are revoked. (b) The Presidential Memorandum of March 6, 2017 (Implementing Imme- diate Heightened Screening and Vetting of Applications for Visas and Other Immigration Benefits, Ensuring Enforcement of All Laws for Entry Into the United States, and Increasing Transparency Among Departments and Agen- cies of the Federal Government and for the American People), is revoked. (c) Within 90 days of the date of this order, the Secretary of State and the Secretary of Homeland Security shall provide a report to the President, through the Assistant to the President for National Security Affairs (APNSA), describing all agency actions, including memoranda or guidance documents, that were taken or issued in reliance on or in furtherance of the directives revoked by subsections (a) and (b) of this section. This report shall include recommendations regarding whether each action should be maintained, re- versed, or modified, consistent with applicable law and as appropriate for the fair, efficient, and secure administration of the relevant humanitarian program or otherwise in the national interest. Sec. 3. Special Immigrant Visas for Iraqi and Afghan Allies. (a) Within 180 days of the date of this order, the Secretary of State, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall complete a review of the Iraqi and Afghan SIV programs and submit a report to the President with recommendations to address any concerns identified. The report shall include: (i) an assessment of agency compliance with existing law governing the SIV programs, including program eligibility requirements and procedures for administrative review; (ii) an assessment of whether there are undue delays in meeting statutory benchmarks for timely adjudication of applications, including due to insuf- ficient staffing levels; (iii) a plan to provide training, guidance, and oversight with respect to the National Visa Center’s processing of SIV applications; (iv) a plan to track the progress of the Senior Coordinators as provided under section 1245 of the Refugee Crisis in Iraq Act of 2007 (RCIA), subtitle C of title XII of Public Law 110–181, and section 602(b)(2)(D)(ii)(II) of the Afghan Allies Protection Act of 2009 (AAPA), title VI of division F of Public Law 111–8, as amended; and (v) an assessment of whether adequate guidelines exist for reconsidering or reopening applications in appropriate circumstances and consistent with applicable law. (b) The Secretary of State, in consultation with the Secretary of Defense, shall also direct a review of the procedures for Chief of Mission approval of applications with the aim of, as appropriate and consistent with applicable law: (i) ensuring existing procedures and guidance are sufficient to permit prospective applicants a fair opportunity to apply and demonstrate eligi- bility; (ii) issuing guidance that would address situations where an applicant’s employer is unable or unwilling to provide verification of the applicant’s ‘‘faithful and valuable service,’’ and provide for alternative forms of verification; VerDate Sep<11>2014 17:08 Feb 08, 2021 Jkt 253250 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\09FEE0.SGM 09FEE0 khammond on DSKJM1Z7X2PROD with PRESDOC 8841 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Presidential Documents (iii) revising requirements to facilitate the ability of applicants to dem- onstrate the existence of a qualifying contract with the United States Government and require that the supervisor verifying the applicant’s ‘‘faithful and valuable service’’ be a United States citizen or national; (iv) ensuring that applicants are not prejudiced by delays in verifying their employment; and (v) implementing anti-fraud measures to ensure program integrity. (c) Within 180 days of the date of this order, the Secretary of State shall submit to the President the results of the review described in subsection (b) of this section. (d) Within 180 days of the date of this order, the Secretary of State, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall conduct a review and submit a report to the President identi- fying whether additional populations not currently provided for under section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Public Law 109–163, section 1244 of the RCIA, or section 602 of the AAPA are at risk as a result of their faithful and valuable service to the United States Government. The review should also evaluate whether it would be appro- priate to seek legislation that would create a SIV program for individuals, regardless of nationality, who faithfully assisted the United States Govern- ment in conflict areas for at least 1 year or made exceptional contributions in a shorter period and have experienced or are experiencing an ongoing serious threat as a result of their service. (e) Within 180 days of the date of this order, the Secretary of State and the Secretary of Homeland Security shall ensure that appropriate policies and procedures related to the SIV programs are publicly available on their respective agency’s websites, and that any revisions to such policies and procedures in the future are made publicly available on those websites within 30 days of issuance. Sec. 4. Steps to Improve the Efficacy, Integrity, Security, and Transparency of USRAP. (a) Consistent with the policy set forth in section 1 of this order and to facilitate this order’s effective and expeditious implementation: (i) The APNSA shall designate a National Security Council Senior Director to be responsible for coordinating the agencies and vetting partners in- volved in USRAP. (ii) The Secretary of State shall designate a senior-level employee to have primary responsibility for overseeing refugee application processing, con- sistent with applicable law. (iii) The Secretary of Homeland Security shall designate a senior-level employee to have primary responsibility for coordinating the review and any revision of policies and procedures regarding the vetting and adjudica- tion of USRAP refugee applicants, including follow-to-join refugee appli- cants and post-decisional processing, consistent with applicable law. (iv) The Director of the Office of Management and Budget shall assign a team of technology, process, and data experts from the United States Digital Service to assist agencies in streamlining application processing, improving the automation and effectiveness of security vetting and fraud detection, and strengthening data-driven decision-making. (b) Within 30 days of the date of this order, the Secretary of State and the Secretary of Homeland Security shall provide the President a report on the fraud detection measures in place for USRAP. The report shall also include a plan to enhance fraud detection within components at both agencies and recommendations for the development of new anti-fraud pro- grams, as appropriate and consistent with applicable law. (c) The Secretary of Homeland Security, in consultation with the Secretary of State, shall promptly consider taking all appropriate actions, consistent with applicable law, to expand refugee vetting and adjudication capacity, including by: VerDate Sep<11>2014 17:08 Feb 08, 2021 Jkt 253250 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\09FEE0.SGM 09FEE0 khammond on DSKJM1Z7X2PROD with PRESDOC 8842 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Presidential Documents (i) developing more efficient processes to capture and share refugee appli- cant biometric data; and (ii) permitting the use of video and audio teleconferencing to conduct refugee interviews and establishing the necessary infrastructure to do so. (d) To increase refugee adjudication capacity, the Office of Personnel Management shall, consistent with applicable law, support the use of all hiring authorities, including expanded use of direct hiring authority, for positions associated with the adjudication of refugee applications. (e) Within 30 days of the date of this order, the heads of all agencies involved in the Security Advisory Opinion process and other inter-agency vetting processes for refugee applicants, including follow-to-join refugee ap- plicants, shall submit data to the National Vetting Governance Board on the number of staff performing refugee security vetting, the thresholds for checks, and the rates at which checks have returned an objection. Such data shall be disaggregated by age range, gender, and nationality of the refugee applicant. The National Vetting Governance Board shall meet to consider if and how agency processes and staffing levels should change to improve security reviews and make refugee arrivals more efficient, and shall share any conclusions and recommendations with the heads of relevant agencies, including the Director of the Office of Management and Budget, in order to inform potential resourcing strategies where necessary. (f) Within 60 days of the date of this order, agencies responsible for the Security Advisory Opinion process shall meet to consider proposals from member agencies to adjust the list of countries and other criteria that require a Security Advisory Opinion for a refugee case. (g) The Secretary of Homeland Security, in consultation with the Secretary of State, shall consider whether to promulgate regulations and any other policies, including internal oversight mechanisms, to ensure the quality, integrity, efficiency, and fairness of the adjudication process for USRAP applicants, while also taking due account of the challenges facing refugee applicants. The Secretary of Homeland Security, in consultation with the Secretary of State, should consider adopting regulations or policies, as appro- priate and consistent with applicable law, that: (i) develop mechanisms to synthesize reliable, detailed, and current country conditions that may be relied upon, where appropriate, to make specific factual and legal determinations necessary for the adjudication of refugee applications from individuals or from individuals within a designated group of applicants; (ii) ensure that refugee applicants have timely access to their own applica- tion records; (iii) permit refugee applicants to have a representative at their interview at no cost to the United States Government; and (iv) ensure, when refugee applications are denied for non-security or non- fraud-based reasons, an applicant is given a short explanation describing the basis for the denial, so that the applicant has a meaningful opportunity to present additional evidence and to request a review of the decision. (h) The Secretary of State and the Secretary of Homeland Security shall provide the President, through the APNSA, a report describing any action taken pursuant to subsection (g) of this section within 180 days of the date such action is taken. (i) The Secretary of Homeland Security shall ensure that adjudicators are trained in the standards governing refugee claims of women, children, and other individuals who are more vulnerable to persecution due to their age, gender, gender expression, or sexual orientation. (j) The Secretary of State and the Secretary of Homeland Security shall consider taking actions, as appropriate and consistent with applicable law, to recognize as ‘‘spouses’’ for purposes of derivative status through USRAP individuals who are in committed life partnerships but who are unable VerDate Sep<11>2014 17:08 Feb 08, 2021 Jkt 253250 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\09FEE0.SGM 09FEE0 khammond on DSKJM1Z7X2PROD with PRESDOC 8843 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Presidential Documents to marry or to register their marriage due to restrictions in the law or practices of their country of origin, including for individuals in same-sex, interfaith, or camp-based marriages. The Secretary of State and the Secretary of Homeland Security shall provide the President a report, through the APNSA, describing any action taken pursuant to this subsection within 180 days of the date such action is taken. (k) Within 120 days of the date of this order, the Secretary of State and the Secretary of Health and Human Services shall, as appropriate and consistent with applicable law, deliver a plan to the President, through the APNSA, to enhance the capacity of USRAP to welcome refugees by expanding the use of community sponsorship and co-sponsorship models by refugee resettlement agencies, and by entering into new public-private partnerships. (l) The Secretary of State, in consultation with the Secretary of Homeland Security, shall consider ways to expand mechanisms under which non- governmental organizations with direct access to and knowledge of refugees abroad in camps or other settings could identify and directly refer to USRAP particularly vulnerable individuals who have a strong possibility of qualifying for admission to the United States as refugees. (m) Within 180 days of the date of this order, the Secretary of State and the Secretary of Homeland Security shall take all appropriate steps, taking into account necessary safeguards for program integrity, to ensure that the current policies and procedures related to USRAP are publicly available on their respective websites, and that any new or revised policies and procedures are made publicly available on their websites within 30 days of their adoption. (n) Within 180 days of the date of this order, the Secretary of State, in consultation with the Secretary of Homeland Security, and as appropriate and consistent with applicable law, shall develop options for improving USRAP applicants’ ability to access relevant material from their case files on an expedited basis to inform timely appeals from adverse decisions. Sec. 5. Improving Performance. (a) The Secretary of State, in consultation with the Attorney General and the Secretary of Homeland Security, shall develop and ensure adherence to a plan that addresses USRAP processing backlogs. In developing this plan, the Secretary of Homeland Security, in consultation with the Secretary of State, the Attorney General, and the Director of National Intelligence, and in collaboration with the National Vetting Governance Board and United States Digital Service, shall conduct a review of refugee security vetting processes and develop recommendations to increase their efficiency, fairness, and effectiveness, consistent with the humanitarian goals of USRAP and the national security and foreign policy interests of the United States. (b) The plan and review described in subsection (a) of this section shall also: (i) examine whether existing vetting processes, including the Security Advisory Opinion process, can be improved to increase efficiency and provide more effective security reviews; and (ii) seek to bring national average processing times within the period described in 8 U.S.C. 1571(b). (c) Within 120 days of the date of this order, the Secretary of State, in consultation with the Attorney General, the Secretary of Homeland Secu- rity, and the Director of National Intelligence, shall submit to the President the plan described in subsection (a) of this section, including the Secretary’s recommendations for process improvements. Sec. 6. Climate Change and Migration. Within 180 days of the date of this order, the APNSA, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, the Administrator of the United States Agency for International Development, and the Director of National Intelligence, shall prepare and submit to the President a report VerDate Sep<11>2014 17:08 Feb 08, 2021 Jkt 253250 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\09FEE0.SGM 09FEE0 khammond on DSKJM1Z7X2PROD with PRESDOC 8844 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Presidential Documents on climate change and its impact on migration, including forced migration, internal displacement, and planned relocation. This report shall include, at a minimum, discussion of the international security implications of cli- mate-related migration; options for protection and resettlement of individuals displaced directly or indirectly from climate change; mechanisms for identi- fying such individuals, including through referrals; proposals for how these findings should affect use of United States foreign assistance to mitigate the negative impacts of climate change; and opportunities to work collabo- ratively with other countries, international organizations and bodies, non- governmental organizations, and localities to respond to migration resulting directly or indirectly from climate change. The APNSA shall work with appropriate agencies to ensure that the report, or a summary thereof, is made publicly available. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, February 4, 2021. [FR Doc. 2021–02804 Filed 2–8–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 17:08 Feb 08, 2021 Jkt 253250 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\09FEE0.SGM 09FEE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC

Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration

2021-02-04T00:00:00

6472d723fd491843e909656c8af25848fb548971b18d4a131a76577cfd7aa3ef

Presidential Executive Order

2021-02561 (14010)

Presidential Documents 8267 Federal Register Vol. 86, No. 23 Friday, February 5, 2021 Title 3— The President Executive Order 14010 of February 2, 2021 Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Or- derly Processing of Asylum Seekers at the United States Bor- der By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nation- ality Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as follows: Section 1. Policy. For generations, immigrants have come to the United States with little more than the clothes on their backs, hope in their hearts, and a desire to claim their own piece of the American Dream. These mothers, fathers, sons, and daughters have made our Nation better and stronger. The United States is also a country with borders and with laws that must be enforced. Securing our borders does not require us to ignore the humanity of those who seek to cross them. The opposite is true. We cannot solve the humanitarian crisis at our border without addressing the violence, insta- bility, and lack of opportunity that compel so many people to flee their homes. Nor is the United States safer when resources that should be invested in policies targeting actual threats, such as drug cartels and human traffickers, are squandered on efforts to stymie legitimate asylum seekers. Consistent with these principles, my Administration will implement a multi- pronged approach toward managing migration throughout North and Central America that reflects the Nation’s highest values. We will work closely with civil society, international organizations, and the governments in the region to: establish a comprehensive strategy for addressing the causes of migration in the region; build, strengthen, and expand Central and North American countries’ asylum systems and resettlement capacity; and increase opportunities for vulnerable populations to apply for protection closer to home. At the same time, the United States will enhance lawful pathways for migration to this country and will restore and strengthen our own asylum system, which has been badly damaged by policies enacted over the last 4 years that contravened our values and caused needless human suffering. Sec. 2. United States Strategies for Addressing the Root Causes of Irregular Migration and for Collaboratively Managing Migration in the Region. (a) The Assistant to the President for National Security Affairs (APNSA), in coordination with the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the heads of any other relevant executive depart- ments and agencies, shall as soon as possible prepare: (i) the United States Strategy for Addressing the Root Causes of Migration (the ‘‘Root Causes Strategy’’); and (ii) the United States Strategy for Collaboratively Managing Migration in the Region (the ‘‘Collaborative Management Strategy’’). (b) The Root Causes Strategy shall identify and prioritize actions to address the underlying factors leading to migration in the region and ensure coher- ence of United States Government positions. The Root Causes Strategy shall take into account, as appropriate, the views of bilateral, multilateral, and private sector partners, as well as civil society, and it shall include proposals to: VerDate Sep<11>2014 15:44 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\05FEE0.SGM 05FEE0 jbell on DSKJLSW7X2PROD with EXECORD 8268 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents (i) coordinate place-based efforts in El Salvador, Guatemala, and Honduras (the ‘‘Northern Triangle’’) to address the root causes of migration, including by: (A) combating corruption, strengthening democratic governance, and ad- vancing the rule of law; (B) promoting respect for human rights, labor rights, and a free press; (C) countering and preventing violence, extortion, and other crimes per- petrated by criminal gangs, trafficking networks, and other organized crimi- nal organizations; (D) combating sexual, gender-based, and domestic violence; and (E) addressing economic insecurity and inequality; (ii) consult and collaborate with the Office of the United States Trade Representative, the Secretary of Commerce, and the Secretary of Labor to evaluate compliance with the Dominican Republic-Central America Free Trade Agreement to ensure that unfair labor practices do not disadvantage competition; and (iii) encourage the deployment of Northern Triangle domestic resources and the development of Northern Triangle domestic capacity to replicate and scale efforts to foster sustainable societies across the region. (c) The Collaborative Management Strategy shall identify and prioritize actions to strengthen cooperative efforts to address migration flows, including by expanding and improving upon previous efforts to resettle throughout the region those migrants who qualify for humanitarian protection. The Collaborative Management Strategy should focus on programs and infrastruc- ture that facilitate access to protection and other lawful immigration avenues, in both the United States and partner countries, as close to migrants’ homes as possible. Priorities should include support for expanding pathways through which individuals facing difficult or dangerous conditions in their home countries can find stability and safety in receiving countries throughout the region, not only through asylum and refugee resettlement, but also through labor and other non-protection-related programs. To support the development of the Collaborative Management Strategy, the United States Government shall promptly begin consultations with civil society, the private sector, international organizations, and governments in the region, including the Government of Mexico. These consultations should address: (i) the continued development of asylum systems and resettlement capac- ities of receiving countries in the region, including through the provision of funding, training, and other support; (ii) the development of internal relocation and integration programs for internally displaced persons, as well as return and reintegration programs for returnees in relevant countries of the region; and (iii) humanitarian assistance, including through expansion of shelter net- works, to address the immediate needs of individuals who have fled their homes to seek protection elsewhere in the region. Sec. 3. Expansion of Lawful Pathways for Protection and Opportunity in the United States. (a) The Secretary of State and the Secretary of Homeland Security shall promptly review mechanisms for better identifying and proc- essing individuals from the Northern Triangle who are eligible for refugee resettlement to the United States. Consideration shall be given to increasing access and processing efficiency. As part of this review, the Secretary of State and the Secretary of Homeland Security shall also identify and imple- ment all legally available and appropriate forms of relief to complement the protection afforded through the United States Refugee Admissions Pro- gram. The Secretary of State and Secretary of Homeland Security shall submit a report to the President with the results of the review. (b) As part of the review conducted pursuant to section 3(a) of this order, the Secretary of Homeland Security shall: VerDate Sep<11>2014 15:44 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\05FEE0.SGM 05FEE0 jbell on DSKJLSW7X2PROD with EXECORD 8269 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents (i) consider taking all appropriate actions to reverse the 2017 decision rescinding the Central American Minors (CAM) parole policy and termi- nating the CAM Parole Program, see ‘‘Termination of the Central American Minors Parole Program,’’ 82 FR 38,926 (August 16, 2017), and consider initiating appropriate actions to reinstitute and improve upon the CAM Parole Program; and (ii) consider promoting family unity by exercising the Secretary’s discre- tionary parole authority to permit certain nationals of the Northern Triangle who are the beneficiaries of approved family-sponsored immigrant visa petitions to join their family members in the United States, on a case- by-case basis. (c) The Secretary of State and the Secretary of Homeland Security shall promptly evaluate and implement measures to enhance access for individuals from the Northern Triangle to visa programs, as appropriate and consistent with applicable law. Sec. 4. Restoring and Enhancing Asylum Processing at the Border. (a) Resum- ing the Safe and Orderly Processing of Asylum Claims at United States Land Borders. (i) The Secretary of Homeland Security and the Director of the Centers for Disease Control and Prevention (CDC), in coordination with the Sec- retary of State, shall promptly begin consultation and planning with inter- national and non-governmental organizations to develop policies and pro- cedures for the safe and orderly processing of asylum claims at United States land borders, consistent with public health and safety and capacity constraints. (ii) The Secretary of Homeland Security, in consultation with the Attorney General, the Secretary of Health and Human Services (HHS), and the Director of CDC, shall promptly begin taking steps to reinstate the safe and orderly reception and processing of arriving asylum seekers, consistent with public health and safety and capacity constraints. Additionally, in furtherance of this goal, as appropriate and consistent with applicable law: (A) The Secretary of HHS and the Director of CDC, in consultation with the Secretary of Homeland Security, shall promptly review and deter- mine whether termination, rescission, or modification of the following actions is necessary and appropriate: ‘‘Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Commu- nicable Disease Exists,’’ 85 FR 65,806 (October 13, 2020); and ‘‘Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right to Introduce and Prohibition of Introduction of Persons into United States from Designated Foreign Countries or Places for Public Health Purposes,’’ 85 FR 56,424 (September 11, 2020) (codified at 42 CFR 71.40). (B) The Secretary of Homeland Security shall promptly review and determine whether to terminate or modify the program known as the Migrant Protection Protocols (MPP), including by considering whether to rescind the Memorandum of the Secretary of Homeland Security titled ‘‘Policy Guidance for Implementation of the Migrant Protection Protocols’’ (January 25, 2019), and any implementing guidance. In coordination with the Secretary of State, the Attorney General, and the Director of CDC, the Secretary of Homeland Security shall promptly consider a phased strategy for the safe and orderly entry into the United States, consistent with public health and safety and capacity constraints, of those individuals who have been subjected to MPP for further processing of their asylum claims. (C) The Attorney General and the Secretary of Homeland Security shall promptly review and determine whether to rescind the interim final rule titled ‘‘Aliens Subject to a Bar on Entry Under Certain Presidential Procla- mations; Procedures for Protection Claims,’’ 83 FR 55,934 (November 9, VerDate Sep<11>2014 15:44 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\05FEE0.SGM 05FEE0 jbell on DSKJLSW7X2PROD with EXECORD 8270 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents 2018), and the final rule titled ‘‘Asylum Eligibility and Procedural Modi- fications,’’ 85 FR 82,260 (December 17, 2020), as well as any agency memoranda or guidance that were issued in reliance on those rules. (D) The Attorney General and the Secretary of Homeland Security shall promptly review and determine whether to rescind the interim final rule titled ‘‘Implementing Bilateral and Multilateral Asylum Cooperative Agree- ments Under the Immigration and Nationality Act,’’ 84 FR 63,994 (Novem- ber 19, 2019), as well as any agency memoranda or guidance issued in reliance on that rule. In the interim, the Secretary of State shall promptly consider whether to notify the governments of the Northern Triangle that, as efforts to establish a cooperative, mutually respectful approach to man- aging migration across the region begin, the United States intends to suspend and terminate the following agreements: (1) ‘‘Agreement Between the Government of the United States of America and the Government of the Republic of Guatemala on Co- operation Regarding the Examination of Protection Claims,’’ 84 FR 64,095 (July 26, 2019). (2) ‘‘Agreement Between the Government of the United States of America and the Government of the Republic of El Salvador for Co- operation in the Examination of Protection Claims,’’ 85 FR 83,597 (September 20, 2019). (3) ‘‘Agreement Between the Government of the United States of America and the Government of the Republic of Honduras for Co- operation in the Examination of Protection Claims,’’ 85 FR 25,462 (September 25, 2019). (E) The Secretary of Homeland Security shall promptly cease imple- menting the ‘‘Prompt Asylum Case Review’’ program and the ‘‘Humani- tarian Asylum Review Program’’ and consider rescinding any orders, rules, regulations, guidelines or policies implementing those programs. (F) The following Presidential documents are revoked: (1) Executive Order 13767 of January 25, 2017 (Border Security and Immigration Enforcement Improvements). (2) Proclamation 9880 of May 8, 2019 (Addressing Mass Migration Through the Southern Border of the United States). (3) Presidential Memorandum of April 29, 2019 (Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System). (4) Presidential Memorandum of April 6, 2018 (Ending ‘‘Catch and Release’’ at the Border of the United States and Directing Other En- hancements to Immigration Enforcement). (5) Presidential Memorandum of April 4, 2018 (Securing the Southern Border of the United States). (G) The Secretary of State, the Attorney General, and the Secretary of Homeland Security shall promptly take steps to rescind any agency memoranda or guidance issued in reliance on or in furtherance of any directive revoked by section 4(a)(ii)(F) of this order. (b) Ensuring a Timely and Fair Expedited Removal Process. (i) The Secretary of Homeland Security, with support from the United States Digital Service within the Office of Management and Budget, shall promptly begin a review of procedures for individuals placed in expedited removal proceedings at the United States border. Within 120 days of the date of this order, the Secretary of Homeland Security shall submit a report to the President with the results of this review and recommenda- tions for creating a more efficient and orderly process that facilitates timely adjudications and adherence to standards of fairness and due proc- ess. (ii) The Secretary of Homeland Security shall promptly review and consider whether to modify, revoke, or rescind the designation titled ‘‘Designating Aliens for Expedited Removal,’’ 84 FR 35,409 (July 23, 2019), regarding the geographic scope of expedited removal pursuant to INA section VerDate Sep<11>2014 15:44 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\05FEE0.SGM 05FEE0 jbell on DSKJLSW7X2PROD with EXECORD 8271 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents 235(b)(1), 8 U.S.C. 1225(b)(1), consistent with applicable law. The review shall consider our legal and humanitarian obligations, constitutional prin- ciples of due process and other applicable law, enforcement resources, the public interest, and any other factors consistent with this order that the Secretary deems appropriate. If the Secretary determines that modi- fying, revoking, or rescinding the designation is appropriate, the Secretary shall do so through publication in the Federal Register. (c) Asylum Eligibility. The Attorney General and the Secretary of Homeland Security shall: (i) within 180 days of the date of this order, conduct a comprehensive examination of current rules, regulations, precedential decisions, and inter- nal guidelines governing the adjudication of asylum claims and determina- tions of refugee status to evaluate whether the United States provides protection for those fleeing domestic or gang violence in a manner con- sistent with international standards; and (ii) within 270 days of the date of this order, promulgate joint regulations, consistent with applicable law, addressing the circumstances in which a person should be considered a member of a ‘‘particular social group,’’ as that term is used in 8 U.S.C. 1101(a)(42)(A), as derived from the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, February 2, 2021. [FR Doc. 2021–02561 Filed 2–4–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:44 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\05FEE0.SGM 05FEE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border

2021-02-02T00:00:00

b0e57b8f6eacf5c88b14f8315e0daa049bed8b08ad4302771726fa742a5e6387

Presidential Executive Order

2021-02562 (14011)

Presidential Documents 8273 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents Executive Order 14011 of February 2, 2021 Establishment of Interagency Task Force on the Reunification of Families By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to reunite children separated from their families at the United States-Mexico border, it is hereby ordered as follows: Section 1. Policy. It is the policy of my Administration to respect and value the integrity of families seeking to enter the United States. My Adminis- tration condemns the human tragedy that occurred when our immigration laws were used to intentionally separate children from their parents or legal guardians (families), including through the use of the Zero-Tolerance Policy. My Administration will protect family unity and ensure that children entering the United States are not separated from their families, except in the most extreme circumstances where a separation is clearly necessary for the safety and well-being of the child or is required by law. Sec. 2. Establishment. There is hereby established an Interagency Task Force on the Reunification of Families (Task Force). Sec. 3. Membership. (a) The Task Force shall include the following members or their designees: (i) the Secretary of Homeland Security, who shall serve as Chair; (ii) the Secretary of State, who shall serve as a Vice Chair; (iii) the Secretary of Health and Human Services, who shall serve as a Vice Chair; (iv) the Attorney General; (v) such other officers or employees of the Departments of State, Justice, Health and Human Services, and Homeland Security, as the head of each respective department may designate; and (vi) such other officers or employees of executive departments and agencies (agencies) as the Chair or Vice Chairs may invite to participate, with the concurrence of the head of the agency concerned. (b) The Chair shall convene and preside at meetings of the Task Force. The Chair, in consultation with the Vice Chairs, shall direct its work and, as appropriate, establish and direct subgroups of the Task Force. Sec. 4. Functions. The Task Force shall, consistent with applicable law, perform the following functions: (a) Identifying all children who were separated from their families at the United States-Mexico border between January 20, 2017, and January 20, 2021, in connection with the operation of the Zero-Tolerance Policy; (b) To the greatest extent possible, facilitating and enabling the reunifica- tion of each of the identified children with their families by: (i) providing recommendations to heads of agencies concerning the exercise of any agency authorities necessary to reunite the children with their families, including: (A) recommendations regarding the possible exercise of parole under section 212(d)(5)(A) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(d)(5)(A)), or the issuance of visas or other immigra- tion benefits, as appropriate and consistent with applicable law; VerDate Sep<11>2014 15:47 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\05FEE1.SGM 05FEE1 jbell on DSKJLSW7X2PROD with EXECORD1 8274 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents (B) recommendations regarding the provision of additional services and support to the children and their families, including trauma and mental health services; and (C) recommendations regarding reunification of any additional family members of the children who were separated, such as siblings, where there is a compelling humanitarian interest in doing so; (ii) providing recommendations to the President concerning the exercise of any Presidential authorities necessary to reunite the children with their families, as appropriate and consistent with applicable law; and (iii) for purposes of developing the recommendations described in this subsection, and in particular with respect to recommendations regarding the manner and location of reunification, consulting with the children, their families, representatives of the children and their families, and other stakeholders, and considering the families’ preferences and parental rights as well as the children’s well-being; and (c) Providing regular reports to the President, including: (i) an initial progress report no later than 120 days after the date of this order; (ii) interim progress reports every 60 days thereafter; (iii) a report containing recommendations to ensure that the Federal Gov- ernment will not repeat the policies and practices leading to the separation of families at the border, no later than 1 year after the date of this order; and (iv) a final report when the Task Force has completed its mission. Sec. 5. Task Force Administration. (a) To the extent permitted by law, and subject to the availability of appropriations, the Department of Homeland Security shall provide the funding and administrative support the Task Force needs to implement this order, as determined by the Secretary of Homeland Security. (b) To the extent permitted by law, including the Economy Act (31 U.S.C. 1535), and subject to the availability of appropriations, additional agencies represented on the Task Force may detail staff to the Task Force, or otherwise provide administrative support, as necessary to implement this order, as determined by the respective heads of agencies. (c) The Task Force shall coordinate, as appropriate and consistent with applicable law, with relevant stakeholders, including domestic and inter- national non-governmental organizations, and representatives of the children and their families. (d) The Task Force, at the direction of the Chair, may hold public meetings and engagement sessions as necessary to carry out its mission. (e) The Task Force shall terminate 30 days after it provides its final report to the President under section 4(c)(iv) of this order. Sec. 6. Revocation of Executive Order 13841. Executive Order 13841 of June 20, 2018 (Affording Congress an Opportunity To Address Family Separa- tion), is hereby revoked. Sec. 7. Definitions. For purposes of this order: (a) The term ‘‘children’’ includes all persons who were under the age of 18 at the time they were separated from their families at the border. (b) The term ‘‘Zero-Tolerance Policy’’ means the policy discussed in the Attorney General’s memorandum of April 6, 2018, entitled, ‘‘Zero-Tolerance for Offenses Under 8 U.S.C. 1325(a),’’ and any other related policy, program, practice, or initiative resulting in the separation of children from their fami- lies at the United States-Mexico border. Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or VerDate Sep<11>2014 15:47 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\05FEE1.SGM 05FEE1 jbell on DSKJLSW7X2PROD with EXECORD1 8275 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents (ii) the functions of the Director of the Office of Management and Budget 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, February 2, 2021. [FR Doc. 2021–02562 Filed 2–4–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:47 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\05FEE1.SGM 05FEE1 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD1

Establishment of Interagency Task Force on the Reunification of Families

2021-02-02T00:00:00

1e291bfc8d67dcdc02d4188a568f189dffbb3562f252e713751426101ef50394

Presidential Executive Order

2021-02563 (14012)

Presidential Documents 8277 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents Executive Order 14012 of February 2, 2021 Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Over 40 million foreign-born individuals live in the United States today. Millions more Americans have immigrants in their families or ancestry. New Americans and their children fuel our economy, working in every industry, including healthcare, construction, caregiving, manufac- turing, service, and agriculture. They open and successfully run businesses at high rates, creating jobs for millions, and they contribute to our arts, culture, and government, providing new traditions, customs, and viewpoints. They are essential workers helping to keep our economy afloat and providing important services to Americans during a global pandemic. They have helped the United States lead the world in science, technology, and innovation. And they are on the frontlines of research to develop coronavirus disease 2019 (COVID–19) vaccines and treatments for those afflicted with the deadly disease. Consistent with our character as a Nation of opportunity and of welcome, it is essential to ensure that our laws and policies encourage full participation by immigrants, including refugees, in our civic life; that immigration proc- esses and other benefits are delivered effectively and efficiently; and that the Federal Government eliminates sources of fear and other barriers that prevent immigrants from accessing government services available to them. Our Nation is enriched socially and economically by the presence of immi- grants, and we celebrate with them as they take the important step of becoming United States citizens. The Federal Government should develop welcoming strategies that promote integration, inclusion, and citizenship, and it should embrace the full participation of the newest Americans in our democracy. Sec. 2. Role of the Domestic Policy Council. The role of the White House Domestic Policy Council (DPC) is to convene executive departments and agencies (agencies) to coordinate the formulation and implementation of my Administration’s domestic policy objectives. Consistent with that role, the DPC shall coordinate the Federal Government’s efforts to welcome and support immigrants, including refugees, and to catalyze State and local integration and inclusion efforts. In furtherance of these goals, the DPC shall convene a Task Force on New Americans, which shall include members of agencies that implement policies that impact immigrant communities. Sec. 3. Restoring Trust in our Legal Immigration System. The Secretary of State, the Attorney General, and the Secretary of Homeland Security shall review existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that may be inconsistent with the policy set forth in section 1 of this order. (a) In conducting this review, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall: (i) identify barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits and make recommendations on how to remove these barriers, as appropriate and consistent with applicable law; and VerDate Sep<11>2014 15:49 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\05FEE2.SGM 05FEE2 jbell on DSKJLSW7X2PROD with EXECORD2 8278 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents (ii) identify any agency actions that fail to promote access to the legal immigration system—such as the final rule entitled, ‘‘U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,’’ 85 Fed. Reg. 46788 (Aug. 3, 2020), in light of the Emergency Stopgap USCIS Stabilization Act (title I of division D of Public Law 116–159)—and recommend steps, as appro- priate and consistent with applicable law, to revise or rescind those agency actions. (b) Within 90 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a plan to the President describing the steps their respective agencies will take to advance the policy set forth in section 1 of this order. (c) Within 180 days of submitting the plan described in subsection (b) of this section, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing the progress of their respective agencies towards implementing the plan developed pursuant to subsection (b) of this section and recognizing any areas of concern or barriers to implementing the plan. Sec. 4. Immediate Review of Agency Actions on Public Charge Inadmissibility. The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the heads of other relevant agencies, as appropriate, shall review all agency actions related to implementation of the public charge ground of inadmissibility in section 212(a)(4) of the Immigration and Nation- ality Act (INA), 8 U.S.C. 1182(a)(4), and the related ground of deportability in section 237(a)(5) of the INA, 8 U.S.C. 1227(a)(5). They shall, in considering the effects and implications of public charge policies, consult with the heads of relevant agencies, including the Secretary of Agriculture, the Sec- retary of Health and Human Services, and the Secretary of Housing and Urban Development. (a) This review should: (i) consider and evaluate the current effects of these agency actions and the implications of their continued implementation in light of the policy set forth in section 1 of this order; (ii) identify appropriate agency actions, if any, to address concerns about the current public charge policies’ effect on the integrity of the Nation’s immigration system and public health; and (iii) recommend steps that relevant agencies should take to clearly commu- nicate current public charge policies and proposed changes, if any, to reduce fear and confusion among impacted communities. (b) Within 60 days of the date of this order, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing any agency actions identified pursuant to subsection (a)(ii) of this section and any steps their agencies intend to take or have taken, consistent with subsection (a)(iii) of this section. Sec. 5. Promoting Naturalization. (a) Improving the naturalization process. The Secretary of State, the Attor- ney General, and the Secretary of Homeland Security shall, within 60 days of the date of this order, develop a plan describing any agency actions, in furtherance of the policy set forth in section 1 of this order, that they will take to: (i) eliminate barriers in and otherwise improve the existing naturalization process, including by conducting a comprehensive review of that process with particular emphasis on the N–400 application, fingerprinting, back- ground and security checks, interviews, civics and English language tests, and the oath of allegiance; (ii) substantially reduce current naturalization processing times; VerDate Sep<11>2014 15:49 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\05FEE2.SGM 05FEE2 jbell on DSKJLSW7X2PROD with EXECORD2 8279 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents (iii) make the naturalization process more accessible to all eligible individ- uals, including through a potential reduction of the naturalization fee and restoration of the fee waiver process; (iv) facilitate naturalization for eligible candidates born abroad and mem- bers of the military, in consultation with the Department of Defense; and (v) review policies and practices regarding denaturalization and passport revocation to ensure that these authorities are not used excessively or inappropriately. (b) Implementing improvements to the naturalization process. Within 180 days of the issuance of the plan developed pursuant to subsection (a) of this section, the Secretary of State, the Attorney General, and the Secretary of Homeland Security shall each submit a report to the President describing the progress in implementing the plan, any barriers to implementing the plan, and any additional areas of concern that should be addressed to ensure that eligible individuals are able to apply for naturalization in a fair and efficient manner. (c) Strategy to promote naturalization. There is established an Interagency Working Group on Promoting Naturalization (Naturalization Working Group) to develop a national strategy to promote naturalization. The Naturalization Working Group shall be chaired by the Secretary of Homeland Security, or the Secretary’s designee, and it shall include the heads of the following agencies, or senior-level officials designated by the head of each agency: (i) the Secretary of Labor; (ii) the Secretary of Health and Human Services; (iii) the Secretary of Housing and Urban Development; (iv) the Secretary of Education; (v) the Secretary of Homeland Security; (vi) the Commissioner of Social Security; and (vii) the heads of other agencies invited to participate by the Working Group chair. (d) Within 90 days of the date of this order, the Naturalization Working Group shall submit a strategy to the President outlining steps the Federal Government should take to promote naturalization, including the potential development of a public awareness campaign. Sec. 6. Revocation. The Presidential Memorandum of May 23, 2019 (Enforcing the Legal Responsibilities of Sponsors of Aliens), is revoked. The heads of relevant agencies shall review any investigations or compliance actions initiated pursuant to that memorandum and shall determine whether to suspend, as appropriate, any investigations or compliance actions incon- sistent with the policy set forth in section 1 of this order. The heads of relevant agencies shall review any agency actions developed pursuant to that memorandum and, as appropriate, issue revised guidance consistent with the policy set forth in section 1 of this order. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:49 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\05FEE2.SGM 05FEE2 jbell on DSKJLSW7X2PROD with EXECORD2 8280 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Presidential Documents (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, February 2, 2021. [FR Doc. 2021–02563 Filed 2–4–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:49 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\05FEE2.SGM 05FEE2 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD2

Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans

2021-02-02T00:00:00

8f5118a9cfc2846fd8f0a7a4ddd1044fb343aeafabad1e13659a6fae145cb728

Presidential Executive Order

2021-02176 (14007)

Presidential Documents 7615 Federal Register Vol. 86, No. 19 Monday, February 1, 2021 Title 3— The President Executive Order 14007 of January 27, 2021 President’s Council of Advisors on Science and Technology By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish an advisory council on science, technology, and innovation, it is hereby ordered as follows: Section 1. Policy. As directed in the Presidential Memorandum of January 27, 2021 (Scientific Integrity and Evidence-Based Policymaking), it is the policy of my Administration to make evidence-based decisions guided by the best available science and data. Officials and employees across my Administration shall seek from scientists, engineers, and other experts the best available scientific and technological information and advice. Sec. 2. Establishment. (a) There is hereby established the President’s Council of Advisors on Science and Technology (PCAST). (b) The PCAST shall be composed of not more than 26 members. The Assistant to the President for Science and Technology (the ‘‘Science Advi- sor’’) shall be a member of the PCAST. The Science Advisor, if also serving as the Director of the Office of Science and Technology Policy, may designate the U.S. Chief Technology Officer as a member. The remaining members shall be distinguished individuals and representatives from sectors outside of the Federal Government appointed by the President. These non-Federal members shall have diverse perspectives and expertise in science, technology, and innovation. (c) The Science Advisor shall serve as a Co-Chair of the PCAST. The President shall also designate at least one, but not more than two, of the non-Federal members to serve as a Co-Chair, or Co-Chairs, of the PCAST with the Science Advisor. The Science Advisor may designate up to three Vice Chairs of the PCAST from among the non-Federal members of the PCAST, to support the Co-Chairs in the leadership and organization of the PCAST. Sec. 3. Functions. (a) The PCAST shall advise the President on matters involving policy affecting science, technology, and innovation, as well as on matters involving scientific and technological information that is needed to inform public policy relating to the economy, worker empowerment, education, energy, the environment, public health, national and homeland security, racial equity, and other topics. (b) The PCAST shall meet regularly and shall: (i) respond to requests from the President or the Science Advisor for information, analysis, evaluation, or advice; (ii) solicit information and ideas from a broad range of stakeholders, including the research community; the private sector; universities; national laboratories; State, local, and Tribal governments; foundations; and non- profit organizations; (iii) serve as the advisory committee identified in section 101(b) of the High-Performance Computing Act of 1991 (Public Law 102–194), as amend- ed (15 U.S.C. 5511(b)), in which capacity the PCAST shall be known as the President’s Innovation and Technology Advisory Committee; and (iv) serve as the advisory panel identified in section 4 of the 21st Century Nanotechnology Research and Development Act (Public Law 108–153), VerDate Sep<11>2014 15:51 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\01FEE0.SGM 01FEE0 7616 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents as amended (15 U.S.C. 7503), in which capacity the PCAST shall be known as the National Nanotechnology Advisory Panel. (c) The PCAST shall provide advice from the non-Federal sector to the National Science and Technology Council (NSTC) in response to requests from the NSTC. Sec. 4. Administration. (a) The heads of executive departments and agencies shall, to the extent permitted by law, provide the PCAST with information concerning scientific and technological matters when requested by the PCAST Co-Chairs and as required for the purpose of carrying out the PCAST’s functions. (b) In consultation with the Science Advisor, the PCAST is authorized to create standing subcommittees and ad hoc groups, including technical advisory groups, to assist the PCAST and provide preliminary information directly to the PCAST. (c) In order to allow the PCAST to provide advice and analysis regarding classified matters, the Science Advisor may request that members of the PCAST, its standing subcommittees, or ad hoc groups, who do not hold a current clearance for access to classified information, receive security clearance and access determinations pursuant to Executive Order 12968 of August 2, 1995 (Access to Classified Information), as amended, or any successor order. (d) The Department of Energy shall provide such funding and administra- tive and technical support as the PCAST may require, to the extent permitted by law and within existing appropriations. (e) Members of the PCAST shall serve without any compensation for their work on the PCAST, but may receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermit- tently in the government service (5 U.S.C. 5701–5707). (f) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the PCAST, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Secretary of Energy, in accordance with the guidelines and procedures established by the Administrator of General Services. Sec. 5. Termination. The PCAST shall terminate 2 years from the date of this order unless extended by the President. Sec. 6. Revocation. Executive Order 13895 of October 22, 2019 (President’s Council of Advisors on Science and Technology), is hereby revoked. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:51 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\01FEE0.SGM 01FEE0 7617 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents (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, January 27, 2021. [FR Doc. 2021–02176 Filed 1–29–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:51 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\01FEE0.SGM 01FEE0 BIDEN.EPS</GPH>

President's Council of Advisors on Science and Technology

2021-01-27T00:00:00

eb9b431f2ad33489025978eea717f01a6361713dc846184ae49f89eac832de7c

Presidential Executive Order

2021-28313 (14061)

Presidential Documents 73601 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents Executive Order 14061 of December 22, 2021 Adjustments of Certain Rates of Pay By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Statutory Pay Systems. The rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted under 5 U.S.C. 5303, are set forth on the schedules attached hereto and made a part hereof: (a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1; (b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and (c) The schedules for the Veterans Health Administration of the Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law 102–40) at Schedule 3. Sec. 2. Senior Executive Service. The ranges of rates of basic pay for senior executives in the Senior Executive Service, as established pursuant to 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part hereof. Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates of basic pay or salaries for the following offices and positions are set forth on the schedules attached hereto and made a part hereof: (a) The Executive Schedule (5 U.S.C. 5312–5318) at Schedule 5; (b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 4501) at Schedule 6; and (c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a)) at Schedule 7. Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services, as adjusted under 37 U.S.C. 1009, and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8 attached hereto and made a part hereof. Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to section 5304 of title 5, United States Code, and my authority to implement an alternative level of comparability payments under section 5304a of title 5, United States Code, locality-based comparability payments shall be paid in accordance with Schedule 9 attached hereto and made a part hereof. (b) The Director of the Office of Personnel Management shall take such actions as may be necessary to implement these payments and to publish appropriate notice of such payments in the Federal Register. Sec. 6. Administrative Law Judges. Pursuant to section 5372 of title 5, United States Code, the rates of basic pay for administrative law judges are set forth on Schedule 10 attached hereto and made a part hereof. Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2022. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2022. VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 khammond on DSKJM1Z7X2PROD with PRESDOC3 73602 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents Sec. 8. Prior Order Superseded. Executive Order 13970 of December 31, 2020, is superseded as of the effective dates specified in section 7 of this order. THE WHITE HOUSE, December 22, 2021. Billing code 3395–F2–P VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 73603 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 ED28DE21.008</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 SCHEDULE 1--GENERAL SCHEDULE (Effective on the first day of the first applicable pay period beginning on or after January 1, 2022) 1 2 3 4 5 6 7 8 9 10 GS-1 $20,172 $20,849 $21,519 $22,187 $22,857 $23,249 $23,913 $24,581 $24,608 $25,234 GS-2 22,682 23,222 23,973 24,608 24,886 25,618 26,350 27,082 27,814 28,546 GS-3 24,749 25,574 26,399 27,224 28,049 28,874 29,699 30,524 31,349 32,174 GS-4 27,782 28,708 29,634 30,560 31,486 32,412 33,338 34,264 35,190 36,116 GS-5 31,083 32,119 33,155 34,191 35,227 36,263 37,299 38,335 39,371 40,407 GS-6 34,649 35,804 36,959 38,114 39,269 40,424 41,579 42,734 43,889 45,044 GS-7 38,503 39,786 41,069 42,352 43,635 44,918 46,201 47,484 48,767 50,050 GS-8 42,641 44,062 45,483 46,904 48,325 49,746 51,167 52,588 54,009 55,430 GS-9 47,097 48,667 50,237 51,807 53,377 54,947 56,517 58,087 59,657 61,227 GS-10 51,864 53,593 55,322 57,051 58,780 60,509 62,238 63,967 65,696 67,425 GS-11 56,983 58,882 60,781 62,680 64,579 66,478 68,377 70,276 72,175 74,074 GS-12 68,299 70,576 72,853 75,130 77,407 79,684 81,961 84,238 86,515 88,792 GS-13 81,216 83,923 86,630 89,337 92,044 94,751 97,458 100,165 102,872 105,579 GS-14 95,973 99,172 102,371 105,570 108,769 111,968 115,167 118,366 121,565 124,764 GS-15 112,890 116,653 120,416 124,179 127,942 131,705 135,468 139,231 142,994 146,757 73604 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 ED28DE21.009</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 SCHEDULE 2--FOREIGN SERVICE SCHEDULE (Effective on the first day of the first applicable pay period beginning on or after January 1, 2022) Step Class Class Class Class Class Class Class Class Class 1 2 3 4 5 6 7 8 9 1 $112,890 $91,475 $74,122 $60,061 $48,667 $43,507 $38,894 $34,770 $31,083 2 116,277 94,219 76,346 61,863 50,127 44,812 40,061 35,813 32,015 3 119,765 97,046 78,636 63,719 51,631 46,157 41,263 36,887 32,976 4 123,358 99,957 80,995 65,630 53,180 47,541 42,501 37,994 33,965 5 127,059 102,956 83,425 67,599 54,775 48,968 43,776 39,134 34,984 6 130,870 106,045 85,928 69,627 56,418 50,437 45,089 40,308 36,034 7 134,797 109,226 88,506 71,716 58,111 51,950 46,441 41,517 37,115 8 138,840 112,503 91,161 73,867 59,854 53,508 47,835 42,763 38,228 9 143,006 115,878 93,896 76,083 61,650 55,113 49,270 44,046 39,375 10 146,757 119,354 96,712 78,366 63,499 56,767 50,748 45,367 40,556 11 146,757 122,935 99,614 80,717 65,404 58,470 52,270 46,728 41,773 12 146,757 126,623 102,602 83,138 67,367 60,224 53,838 48,130 43,026 13 146,757 130,421 105,680 85,633 69,388 62,031 55,454 49,574 44,317 14 146,757 134,334 108,851 88,202 71,469 63,891 57,117 51,061 45,646 73605 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 ED28DE21.010</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 SCHEDULE 3--VETERANS HEALTH ADMINISTRATION SCHEDULES DEPARTMENT OF VETERANS AFFAIRS (Effective on the first day of the first applicable pay period beginning on or after January 1, 2022) Schedule for the Office of the Under Secretary for Health (38 U.S.C. 7306) and Directors of Medical Centers and Veterans Integrated Service Networks (38 U.S.C. 7401(4) )* Minimum $135,468 Maximum $203,700** Physician, Podiatrist, and Dentist Base and Longevity Pay Schedule*** Physician Grade Dentist Grade . Podiatrist Grade. Chief Grade . Senior Grade. Intermediate Grade. Full Grade ... Associate Grade Chiropractor and Optometrist Schedule $111,035 111,035 111,035 $112,890 95,973 81,216 68,299 56,983 Expanded-Function Dental Auxiliary Schedule**** Director Grade. $112,890 Assistant Director Grade. 95,973 Chief Grade 81,216 Senior Grade. 68,299 Intermediate Grade. 56,983 Full Grade. 47,097 Associate Grade 40,528 Junior Grade. 34,649 $162,849 162,849 162,849 $146,757 124,764 105,579 88,792 74,074 $146,757 124,764 105,579 88,792 74,074 61,227 52,687 45,044 * This schedule does not apply to the Director of Nursing Service or any incumbents who are physicians or dentists. ** Pursuant to 38 U.S.C. 7404 (a) (3) (B), for positions that are covered by a certified performance appraisal system, the maximum rate of basic pay may not exceed the rate of basic pay payable for level II of the Executive Schedule. For positions that are not covered by a certified performance appraisal system, the maximum rate of basic pay may not exceed the rate of basic pay payable for level III of the Executive Schedule. *** Pursuant to 38 U.S.C. 7431, Veterans Health Administration physicians, podiatrists, and dentists paid under the Physician, Podiatrist, and Dentist Base and Longevity Pay schedule may also be paid market pay and performance pay. **** Pursuant to section 30l(a) of Public Law 102-40, these positions are paid according to the Nurse Schedule in 38 U.S.C. 4107(b), as in effect on August 14, 1990, with subsequent adjustments. 73606 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 ED28DE21.011</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 SCHEDULE 4--SENIOR EXECUTIVE SERVICE (Effective on the first day of the first applicable pay period beginning on or after January 1, 2022) Agencies with a Certified SES Performance Appraisal System. Agencies without a Certified SES Performance Appraisal System Minimum $135,468 $135,468 SCHEDULE 5--EXECUTIVE SCHEDULE Maximum $203,700 $187,300 (Effective on the first day of the first applicable pay period beginning on or after January 1, 2022) Level I Level II Level III. Level IV Level V $226,300 203,700 187,300 176,300 165,300 SCHEDULE 6--VICE PRESIDENT AND MEMBERS OF CONGRESS (Effective on the first day of the first applicable pay period beginning on or after January 1, 2022) Vice President Senators . . . . ........ . Members of the House of Representatives. Delegates to the House of Representatives. Resident Commissioner from Puerto Rico President pro tempore of the Senate .. Majority leader and minority leader of the Senate. Majority leader and minority leader of the House of Representatives ........ . Speaker of the House of Representatives. SCHEDULE 7--JUDICIAL SALARIES $261,400 174,000 174,000 174,000 174,000 193,400 193,400 193,400 223,500 (Effective on the first day of the first applicable pay period beginning on or after January 1, 2022) Chief Justice of the United States .. Associate Justices of the Supreme Court. Circuit Judges .......... . District Judges .......... . Judges of the Court of International Trade $286,700 274,200 236,900 223,400 223,400 73607 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 ED28DE21.012</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (Effective January 1, 2022) Part I--MONTHLY BASIC PAY YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205) Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 Over 12 Over 14 Over 16 Over 18 COMMISSIONED OFFICERS 0-10* 0-9 0-8 $11,635.50 $12,017.10 $12,270.00 $12,340.50 $12,656.10 $13,183.20 $13,306.20 $13,806.60 $13,950.90 $14,382.00 $15,006.30 0-7 9,668.40 10,117.50 10,325.40 10,490.70 10,789.80 11,085.30 11,427.00 11,767.50 12,109.50 13,183.20 14,089.80 0-6** 7,332.00 8,054.70 8,583.30 8,583.30 8,616.30 8,985.30 9,034.50 9,034.50 9,547.80 10,455.30 10,988.10 0-5 6,112.20 6,885.30 7,361.70 7,451.40 7,749.30 7,926.90 8,318.10 8,605.80 8,976.90 9,543.90 9,813.90 0-4 5,273.70 6,104.40 6,512.40 6,602.70 6,980.70 7,386.30 7,891.80 8,284.50 8,557.50 8,714.70 8,805.30 0-3*** 4,636.50 5,256.00 5,672.40 6,185.40 6,482.10 6,807.30 7,017.30 7,362.90 7,543.50 7,543.50 7,543.50 0-2*** 4,006.50 4,562.70 5,255.10 5,432.70 5,544.30 5,544.30 5,544.30 5,544.30 5,544.30 5,544.30 5,544.30 0-1*** 3,477.30 3,619.50 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER**** 0-3E $6,185.40 $6,482.10 $6,807.30 $7,017.30 $7,362.90 $7,654.80 $7,822.80 $8,050.80 0-2E 5,432.70 5,544.30 5,720.70 6,018.60 6,249.30 6,420.60 6,420.60 6,420.60 0-lE 4,375.50 4,672.20 4,845.00 5,021.70 5,194.80 5,432.70 5,432.70 5,432.70 WARRANT OFFICERS W-5 W-4 $4,791.90 $5,154.30 $5,302.20 $5,447.70 $5,698.50 $5,946.60 $6,198.00 $6,575.40 $6,906.60 $7,221.90 $7,480.20 W-3 4,376.40 4,558.20 4,745.70 4,806.60 5,002.20 5,388.00 5,789.40 5,978.70 6,197.70 6,422.70 6,828.30 W-2 3,872.10 4,238.40 4,350.90 4,428.60 4,679.40 5,069.70 5,263.50 5,453.70 5,686.50 5,868.60 6,033.30 W-1 3,398.70 3,765.00 3,863.10 4,071.00 4,316.40 4,678.80 4,847.70 5,084.70 5,317.20 5,500.20 5,668.50 * Basic pay is limited to the rate of basic pay for level II of the Executive Schedule in effect during calendar year 2022, which is $16,974.90 per month for officers at pay grades 0-7 through 0-10. This includes officers serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, Chief of Space Operations, Commandant of the Coast Guard, Chief of the National Guard Bureau, or commander of a unified or specified combatant command (as defined in 10 u.s.c. 161(c)). ** Basic pay is limited to the rate of basic pay for level V of the Executive Schedule in effect during calendar year 2022, which is $13,775.10 per month, for officers at pay grades 0-6 and below. *** Does not apply to commissioned officers who have been credited with over 4 years of active duty service as an enlisted member or warrant officer. **** Reservists with at least 1,460 points as an enlisted member, a warrant officer, or a warrant officer and an enlisted member which are creditable toward reserve retirement also qualify for these rates. 73608 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 ED28DE21.013</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 2) (Effective January 1, 2022) Part I--MONTHLY BASIC PAY YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205) Pay Grade Over 20 Over 22 Over 24 Over 26 Over 28 Over 30 Over 32 Over 34 Over 36 Over 38 Over 40 COMMISSIONED OFFICERS 0-10* $16,974. 90* $16,974.90* $16,974.90* $16,974. 90* $16,974.90* $16,974.90* $16,974.90* $16,974.90* $16,974. 90* $16,974.90* $16,974. 90* 0-9 16,444.80 16,682.40 16,974.90* 16,974.90* 16,974.90* 16,974.90* 16,974.90* 16,974.90* 16,974.90* 16,974.90* 16,974.90* 0-8 15,581.40 15,965.70 15,965.70 15,965.70 15,965.70 16,365.60 16,365.60 16,774.20 16,774.20 16,774.20 16,774.20 0-7 14,089.80 14,089.80 14,089.80 14,162.10 14,162.10 14,445.60 14,445.60 14,445.60 14,445.60 14,445.60 14,445.60 0-6** 11,520.60 11,823.60 12,130.80 12,725.40 12,725.40 12,979.50 12,979.50 12,979.50 12,979.50 12,979.50 12,979.50 0-5 10,080.90 10,384.20 10,384.20 10,384.20 10,384.20 10,384.20 10,384.20 10,384.20 10,384.20 10,384.20 10,384.20 0-4 8,805.30 8,805.30 8,805.30 8,805.30 8,805.30 8,805.30 8,805.30 8,805.30 8,805.30 8,805.30 8,805.30 0-3*** 7,543.50 7,543.50 7,543.50 7,543.50 7,543.50 7,543.50 7,543.50 7,543.50 7,543.50 7,543.50 7,543.50 0-2*** 5,544.30 5,544.30 5,544.30 5,544.30 5,544.30 5,544.30 5,544.30 5,544.30 5,544.30 5,544.30 5,544.30 0-1*** 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 4,375.50 COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER**** 0-3E $8,050.80 $8,050.80 $8,050.80 $8,050.80 $8,050.80 $8,050.80 $8,050.80 $8,050.80 $8,050.80 $8,050.80 $8,050.80 0-2E 6,420.60 6,420.60 6,420.60 6,420.60 6,420.60 6,420.60 6,420.60 6,420.60 6,420.60 6,420.60 6,420.60 0-lE 5,432.70 5,432.70 5,432.70 5,432.70 5,432.70 5,432.70 5,432.70 5,432.70 5,432.70 5,432.70 5,432.70 WARRANT OFFICERS W-5 $8,520.30 $8,952.30 $9,274.50 $9,630.30 $9,630.30 $10,112.70 $10,112.70 $10,617.60 $10,617.60 $11,149.50 $11,149.50 W-4 W-3 W-2 W-1 7,731.90 8,101.20 8,404.80 8,751.00 8,751.00 8,925.60 8,925.60 8,925.60 8,925.60 8,925.60 7,101.60 7,265.40 7,439.10 7,676.40 7,676.40 7,676.40 7,676.40 7,676.40 7,676.40 7,676.40 6,230.70 6,360.30 6,462.90 6,462.90 6,462.90 6,462.90 6,462.90 6,462.90 6,462.90 6,462.90 5,873.10 5,873.10 5,873.10 5,873.10 5,873.10 5,873.10 5,873.10 5,873.10 5,873.10 5,873.10 Basic pay is limited to the rate of basic pay for level II of the Executive Schedule in effect during calendar year 2022, which is $16,974.90 per month for officers at pay grades 0-7 through 0-10. This includes officers serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, Chief of Space Operations, Commandant of the Coast Guard, Chief of the National Guard Bureau, or commander of a unified or specified combatant command (as defined in 10 u.s.c. 16l(c)). Basic pay is limited to the rate of basic pay for level V of the Executive Schedule in effect during calendar year 2022, which is $13,775.10 per month, for officers at pay grades 0-6 and below. *** Does not apply to commissioned officers who have been credited with over 4 years of active duty service as an enlisted member or warrant officer. Reservists with at least 1,460 points as an enlisted member, a warrant officer, or a warrant officer and an enlisted member which are creditable toward reserve retirement also qualify for these rates. 8,925.60 7,676.40 6,462.90 5,873.10 73609 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 ED28DE21.014</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 3) (Effective January 1, 2022) Part !--MONTHLY BASIC PAY YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205) Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 Over 8 Over 10 Over 12 Over 14 Over 16 Over 18 ENLISTED MEMBERS E-9* $5,789.10 $5,920.50 $6,085.80 $6,279.90 $6,477.00 E-8 $4,739.10 4,948.80 5,078.40 5,233.80 5,402.40 5,706.30 E-7 $3,294.30 $3,595.50 $3,733.50 $3,915.30 $4,058.10 4,302.60 4,440.60 4,685.10 4,888.50 5,027.40 5,175.30 E-6 2,849.40 3,135.60 3,274.20 3,408.60 3,548.70 3,864.30 3,987.60 4,225.50 4,298.40 4,351.20 4,413.30 E-5 2,610.30 2,786.10 2,920.80 3,058.50 3,273.30 3,497.70 3,682.20 3,704.40 3,704.40 3,704.40 3,704.40 E-4 2,393.40 2,515.80 2,652.00 2,786.70 2,905.50 2,905.50 2,905.50 2,905.50 2,905.50 2,905.50 2,905.50 E-3 2,160.60 2,296.50 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 E-2 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 E-1** 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 E-1*** 1,695.00 For noncommissioned officers serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, Senior Enlisted Advisor of the Space Force, Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or Senior Enlisted Advisor to the Chief of the National Guard Bureau, basic pay for this grade is $9,355.50 per month, regardless of cumulative years of service under 37 U.S.C. 205. Applies to personnel who have served 4 months or more on active duty. Applies to personnel who have served less than 4 months on active duty. 73610 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00010 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 ED28DE21.015</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 4) (Effective January 1, 2022) Part !--MONTHLY BASIC PAY YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205) Pay Grade Over 20 Over 22 Over 24 Over 26 Over 28 Over 30 Over 32 Over 34 Over 36 Over 38 Over 40 ENLISTED MEMBERS E-9* $6,790.50 $7,056.90 $7,336.20 $7,764.30 $7,764.30 $8,151.90 $8,151.90 $8,559.90 $8,559.90 $8,988.90 $8,988.90 E-8 5,860.50 6,122.70 6,268.20 6,626.10 6,626.10 6,759.00 6,759.00 6,759.00 6,759.00 6,759.00 6,759.00 E-7 5,232.60 5,424.90 5,528.10 5,921.10 5,921.10 5,921.10 5,921.10 5,921.10 5,921.10 5,921.10 5,921.10 E-6 4,413.30 4,413.30 4,413.30 4,413.30 4,413.30 4,413.30 4,413.30 4,413.30 4,413.30 4,413.30 4,413.30 E-5 3,704.40 3,704.40 3,704.40 3,704.40 3,704.40 3,704.40 3,704.40 3,704.40 3,704.40 3,704.40 3,704.40 E-4 2,905.50 2,905.50 2,905.50 2,905.50 2,905.50 2,905.50 2,905.50 2,905.50 2,905.50 2,905.50 2,905.50 E-3 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 2,435.70 E-2 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 2,054.70 E-1** 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 1,833.30 E-1*** For noncommissioned officers serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, Senior Enlisted Advisor of the Space Force, Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or Senior Enlisted Advisor to the Chief of the National Guard Bureau, basic pay for this grade is $9,355.50 per month, regardless of cumulative years of service under 37 U.S.C. 205. Applies to personnel who have served 4 months or more on active duty. Applies to personnel who have served less than 4 months on active duty. 73611 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00011 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 ED28DE21.016</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 5) Part II--RATE OF MONTHLY CADET OR MIDSHIPMAN PAY The rate of monthly cadet or midshipman pay authorized by 37 U.S.C. 203(c) is $1,217.10. 73612 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00012 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 ED28DE21.017</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 SCHEDULE 9--LOCALITY-BASED COMPARABILITY PAYMENTS (Effective on the first day of the first applicable pay period beginning on or after January 1, 2022) Locality Pay Area* Rate Alaska ........................................................ 30. 42% Albany-Schenectady, NY-MA ..................................... 18. 68 % Albuquerque-Santa Fe-Las Vegas, NM ............................ 17.14% Atlanta-Athens-Clarke County-Sandy Springs, GA-AL ............. 22.63% Austin-Round Rock, TX ......................................... 18. 80% Birmingham-Hoover-Talladega, AL ............................... 16.81% Boston-Worcester-Providence, MA-RI-NH-ME ...................... 30.09% Buffalo-Cheektowaga, NY ....................................... 20.78% Burlington-South Burlington, VT ............................... 17.62% Charlotte-Concord, NC-SC ...................................... 18.06% Chicago-Naperville, IL-IN-WI .................................. 29.18% Cincinnati-Wilmington-Maysville, OH-KY-IN ..................... 20.94% Cleveland-Akron-Canton, OH .................................... 21.25% Colorado Springs, co .......................................... 18.42% Columbus-Marion-Zanesville, OH ................................ 20.69% Corpus Christi-Kingsville-Alice, TX ........................... 16.82% Dallas-Fort Worth, TX-OK ...................................... 25.68% Davenport-Moline, IA-IL ....................................... 17. 58% Dayton-Springfield-Sidney, OH ................................. 19.93% Denver-Aurora, CO ............................................. 28 .10% Des Moines-Ames-West Des Moines, IA ........................... 16.52% Detroit-Warren-Ann Arbor, MI .................................. 27.86% Harrisburg-Lebanon, PA ........................................ 17. 90% Hartford-West Hartford, CT-MA ................................. 30.20% Hawaii ........................................................ 20. 40% Houston-The Woodlands, TX ..................................... 33.96% Huntsville-Decatur-Albertville, AL ............................ 20.45% Indianapolis-Carmel-Muncie, IN ............................... . 17.26% Kansas City-Overland Park-Kansas City, MO-KS .................. 17.67% Laredo, TX .................................................... 19. 85% Las Vegas-Henderson, NV-AZ .................................... 18. 25% Los Angeles-Long Beach, CA .................................... 33. 61% Miami-Fort Lauderdale-Port St. Lucie, FL ...................... 23.80% Milwaukee-Racine-Waukesha, WI ................................. 21.32% Minneapolis-St. Paul, MN-WI ................................... 25. 49% New York-Newark, NY-NJ-CT-PA .................................. 35.06% Omaha-Council Bluffs-Fremont, NE-IA ........................... 16.93% Palm Bay-Melbourne-Titusville, FL ............................. 17.01% Philadelphia-Reading-Camden, PA-NJ-DE-MD ...................... 26.95% Phoenix-Mesa-Scottsdale, AZ ................................... 20.84% Pittsburgh-New Castle-Weirton, PA-OH-WV ....................... 19.90% Portland-Vancouver-Salem, OR-WA ............................... 24.34% Raleigh-Durham-Chapel Hill, NC ................................ 20.94% Richmond, VA .................................................. 2 0. 64 % Sacramento-Roseville, CA-NV ................................... 27. 30% San Antonio-New Braunfels-Pearsall, TX ........................ 17.39% San Diego-Carlsbad, CA ........................................ 30.87% San Jose-San Francisco-Oakland, CA ............................ 42.74% Seattle-Tacoma, WA ............................................ 28. 28% St. Louis-St. Charles-Farmington, MO-IL ....................... 18.35% Tucson-Nogales, AZ ............................................ 17. 77% Virginia Beach-Norfolk, VA-NC ................................. 17.18% Washington-Baltimore-Arlington, DC-MD-VA-WV-PA ................ 31.53% Rest of U.S ................................................... 16.20% 'Locality Pay Areas are defined in 5 CFR 531.603. 73613 Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Presidential Documents [FR Doc. 2021–28313 Filed 12–27–21; 8:45 am] Billing code 6325–39–C VerDate Sep<11>2014 17:23 Dec 27, 2021 Jkt 256250 PO 00000 Frm 00013 Fmt 4790 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 ED28DE21.018</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3 SCHEDULE 10--ADMINISTRATIVE LAW JUDGES (Effective on the first day of the first applicable pay period beginning on or after January 1, 2022) AL-3/A ........................................................ $117,600 AL-3/B ........................................................ 126,600 AL-3/C ........................................................ 135,700 AL-3/D ........................................................ 144,900 AL-3/E ........................................................ 154,100 AL-3/F ........................................................ 162,900 AL-2 .......................................................... 171,900 AL-1 .......................................................... 176,300

Adjustments of Certain Rates of Pay

2021-12-22T00:00:00

4ab200815fcd24fcf1784fc4b978947d55040378c3c6d7a200538cfe1ac11fe0

Presidential Executive Order

2021-02177 (14008)

Presidential Documents 7619 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents Executive Order 14008 of January 27, 2021 Tackling the Climate Crisis at Home and Abroad The United States and the world face a profound climate crisis. We have a narrow moment to pursue action at home and abroad in order to avoid the most catastrophic impacts of that crisis and to seize the opportunity that tackling climate change presents. Domestic action must go hand in hand with United States international leadership, aimed at significantly enhancing global action. Together, we must listen to science and meet the moment. By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: PART I—PUTTING THE CLIMATE CRISIS AT THE CENTER OF UNITED STATES FOREIGN POLICY AND NATIONAL SECURITY Section 101. Policy. United States international engagement to address climate change—which has become a climate crisis—is more necessary and urgent than ever. The scientific community has made clear that the scale and speed of necessary action is greater than previously believed. There is little time left to avoid setting the world on a dangerous, potentially catastrophic, climate trajectory. Responding to the climate crisis will require both signifi- cant short-term global reductions in greenhouse gas emissions and net-zero global emissions by mid-century or before. It is the policy of my Administration that climate considerations shall be an essential element of United States foreign policy and national security. The United States will work with other countries and partners, both bilat- erally and multilaterally, to put the world on a sustainable climate pathway. The United States will also move quickly to build resilience, both at home and abroad, against the impacts of climate change that are already manifest and will continue to intensify according to current trajectories. Sec. 102. Purpose. This order builds on and reaffirms actions my Administra- tion has already taken to place the climate crisis at the forefront of this Nation’s foreign policy and national security planning, including submitting the United States instrument of acceptance to rejoin the Paris Agreement. In implementing—and building upon—the Paris Agreement’s three over- arching objectives (a safe global temperature, increased climate resilience, and financial flows aligned with a pathway toward low greenhouse gas emissions and climate-resilient development), the United States will exercise its leadership to promote a significant increase in global climate ambition to meet the climate challenge. In this regard: (a) I will host an early Leaders’ Climate Summit aimed at raising climate ambition and making a positive contribution to the 26th United Nations Climate Change Conference of the Parties (COP26) and beyond. (b) The United States will reconvene the Major Economies Forum on Energy and Climate, beginning with the Leaders’ Climate Summit. In coopera- tion with the members of that Forum, as well as with other partners as appropriate, the United States will pursue green recovery efforts, initiatives to advance the clean energy transition, sectoral decarbonization, and align- ment of financial flows with the objectives of the Paris Agreement, including with respect to coal financing, nature-based solutions, and solutions to other climate-related challenges. VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7620 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents (c) I have created a new Presidentially appointed position, the Special Presidential Envoy for Climate, to elevate the issue of climate change and underscore the commitment my Administration will make toward addressing it. (d) Recognizing that climate change affects a wide range of subjects, it will be a United States priority to press for enhanced climate ambition and integration of climate considerations across a wide range of international fora, including the Group of Seven (G7), the Group of Twenty (G20), and fora that address clean energy, aviation, shipping, the Arctic, the ocean, sustainable development, migration, and other relevant topics. The Special Presidential Envoy for Climate and others, as appropriate, are encouraged to promote innovative approaches, including international multi-stakeholder initiatives. In addition, my Administration will work in partnership with States, localities, Tribes, territories, and other United States stakeholders to advance United States climate diplomacy. (e) The United States will immediately begin the process of developing its nationally determined contribution under the Paris Agreement. The proc- ess will include analysis and input from relevant executive departments and agencies (agencies), as well as appropriate outreach to domestic stake- holders. The United States will aim to submit its nationally determined contribution in advance of the Leaders’ Climate Summit. (f) The United States will also immediately begin to develop a climate finance plan, making strategic use of multilateral and bilateral channels and institutions, to assist developing countries in implementing ambitious emissions reduction measures, protecting critical ecosystems, building resil- ience against the impacts of climate change, and promoting the flow of capital toward climate-aligned investments and away from high-carbon in- vestments. The Secretary of State and the Secretary of the Treasury, in coordination with the Special Presidential Envoy for Climate, shall lead a process to develop this plan, with the participation of the Administrator of the United States Agency for International Development (USAID), the Chief Executive Officer of the United States International Development Fi- nance Corporation (DFC), the Chief Executive Officer of the Millennium Challenge Corporation, the Director of the United States Trade and Develop- ment Agency, the Director of the Office of Management and Budget, and the head of any other agency providing foreign assistance and development financing, as appropriate. The Secretary of State and the Secretary of the Treasury shall submit the plan to the President, through the Assistant to the President for National Security Affairs and the Assistant to the President for Economic Policy, within 90 days of the date of this order. (g) The Secretary of the Treasury shall: (i) ensure that the United States is present and engaged in relevant inter- national fora and institutions that are working on the management of climate-related financial risks; (ii) develop a strategy for how the voice and vote of the United States can be used in international financial institutions, including the World Bank Group and the International Monetary Fund, to promote financing programs, economic stimulus packages, and debt relief initiatives that are aligned with and support the goals of the Paris Agreement; and (iii) develop, in collaboration with the Secretary of State, the Administrator of USAID, and the Chief Executive Officer of the DFC, a plan for promoting the protection of the Amazon rainforest and other critical ecosystems that serve as global carbon sinks, including through market-based mecha- nisms. (h) The Secretary of State, the Secretary of the Treasury, and the Secretary of Energy shall work together and with the Export-Import Bank of the United States, the Chief Executive Officer of the DFC, and the heads of other agencies and partners, as appropriate, to identify steps through which the United States can promote ending international financing of carbon- VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7621 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents intensive fossil fuel-based energy while simultaneously advancing sustainable development and a green recovery, in consultation with the Assistant to the President for National Security Affairs. (i) The Secretary of Energy, in cooperation with the Secretary of State and the heads of other agencies, as appropriate, shall identify steps through which the United States can intensify international collaborations to drive innovation and deployment of clean energy technologies, which are critical for climate protection. (j) The Secretary of State shall prepare, within 60 days of the date of this order, a transmittal package seeking the Senate’s advice and consent to ratification of the Kigali Amendment to the Montreal Protocol on Sub- stances that Deplete the Ozone Layer, regarding the phasedown of the production and consumption of hydrofluorocarbons. Sec. 103. Prioritizing Climate in Foreign Policy and National Security. To ensure that climate change considerations are central to United States foreign policy and national security: (a) Agencies that engage in extensive international work shall develop, in coordination with the Special Presidential Envoy for Climate, and submit to the President, through the Assistant to the President for National Security Affairs, within 90 days of the date of this order, strategies and implementation plans for integrating climate considerations into their international work, as appropriate and consistent with applicable law. These strategies and plans should include an assessment of: (i) climate impacts relevant to broad agency strategies in particular coun- tries or regions; (ii) climate impacts on their agency-managed infrastructure abroad (e.g., embassies, military installations), without prejudice to existing require- ments regarding assessment of such infrastructure; (iii) how the agency intends to manage such impacts or incorporate risk mitigation into its installation master plans; and (iv) how the agency’s international work, including partner engagement, can contribute to addressing the climate crisis. (b) The Director of National Intelligence shall prepare, within 120 days of the date of this order, a National Intelligence Estimate on the national and economic security impacts of climate change. (c) The Secretary of Defense, in coordination with the Secretary of Com- merce, through the Administrator of the National Oceanic and Atmospheric Administration, the Chair of the Council on Environmental Quality, the Administrator of the Environmental Protection Agency, the Director of Na- tional Intelligence, the Director of the Office of Science and Technology Policy, the Administrator of the National Aeronautics and Space Administra- tion, and the heads of other agencies as appropriate, shall develop and submit to the President, within 120 days of the date of this order, an analysis of the security implications of climate change (Climate Risk Analysis) that can be incorporated into modeling, simulation, war-gaming, and other analyses. (d) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall consider the security implications of climate change, including any relevant information from the Climate Risk Analysis described in sub- section (c) of this section, in developing the National Defense Strategy, Defense Planning Guidance, Chairman’s Risk Assessment, and other relevant strategy, planning, and programming documents and processes. Starting in January 2022, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall provide an annual update, through the National Security Coun- cil, on the progress made in incorporating the security implications of climate change into these documents and processes. (e) The Secretary of Homeland Security shall consider the implications of climate change in the Arctic, along our Nation’s borders, and to National VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7622 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents Critical Functions, including any relevant information from the Climate Risk Analysis described in subsection (c) of this section, in developing relevant strategy, planning, and programming documents and processes. Starting in January 2022, the Secretary of Homeland Security shall provide an annual update, through the National Security Council, on the progress made in incorporating the homeland security implications of climate change into these documents and processes. Sec. 104. Reinstatement. The Presidential Memorandum of September 21, 2016 (Climate Change and National Security), is hereby reinstated. PART II—TAKING A GOVERNMENT-WIDE APPROACH TO THE CLIMATE CRISIS Sec. 201. Policy. Even as our Nation emerges from profound public health and economic crises borne of a pandemic, we face a climate crisis that threatens our people and communities, public health and economy, and, starkly, our ability to live on planet Earth. Despite the peril that is already evident, there is promise in the solutions—opportunities to create well- paying union jobs to build a modern and sustainable infrastructure, deliver an equitable, clean energy future, and put the United States on a path to achieve net-zero emissions, economy-wide, by no later than 2050. We must listen to science—and act. We must strengthen our clean air and water protections. We must hold polluters accountable for their actions. We must deliver environmental justice in communities all across America. The Federal Government must drive assessment, disclosure, and mitigation of climate pollution and climate-related risks in every sector of our economy, marshaling the creativity, courage, and capital necessary to make our Nation resilient in the face of this threat. Together, we must combat the climate crisis with bold, progressive action that combines the full capacity of the Federal Government with efforts from every corner of our Nation, every level of government, and every sector of our economy. It is the policy of my Administration to organize and deploy the full capacity of its agencies to combat the climate crisis to implement a Government- wide approach that reduces climate pollution in every sector of the economy; increases resilience to the impacts of climate change; protects public health; conserves our lands, waters, and biodiversity; delivers environmental justice; and spurs well-paying union jobs and economic growth, especially through innovation, commercialization, and deployment of clean energy technologies and infrastructure. Successfully meeting these challenges will require the Federal Government to pursue such a coordinated approach from planning to implementation, coupled with substantive engagement by stakeholders, including State, local, and Tribal governments. Sec. 202. White House Office of Domestic Climate Policy. There is hereby established the White House Office of Domestic Climate Policy (Climate Policy Office) within the Executive Office of the President, which shall coordinate the policy-making process with respect to domestic climate-policy issues; coordinate domestic climate-policy advice to the President; ensure that domestic climate-policy decisions and programs are consistent with the President’s stated goals and that those goals are being effectively pursued; and monitor implementation of the President’s domestic climate-policy agen- da. The Climate Policy Office shall have a staff headed by the Assistant to the President and National Climate Advisor (National Climate Advisor) and shall include the Deputy Assistant to the President and Deputy National Climate Advisor. The Climate Policy Office shall have such staff and other assistance as may be necessary to carry out the provisions of this order, subject to the availability of appropriations, and may work with established or ad hoc committees or interagency groups. All agencies shall cooperate with the Climate Policy Office and provide such information, support, and assistance to the Climate Policy Office as it may request, as appropriate and consistent with applicable law. VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7623 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents Sec. 203. National Climate Task Force. There is hereby established a National Climate Task Force (Task Force). The Task Force shall be chaired by the National Climate Advisor. (a) Membership. The Task Force shall consist of the following additional members: (i) the Secretary of the Treasury; (ii) the Secretary of Defense; (iii) the Attorney General; (iv) the Secretary of the Interior; (v) the Secretary of Agriculture; (vi) the Secretary of Commerce; (vii) the Secretary of Labor; (viii) the Secretary of Health and Human Services; (ix) the Secretary of Housing and Urban Development; (x) the Secretary of Transportation; (xi) the Secretary of Energy; (xii) the Secretary of Homeland Security; (xiii) the Administrator of General Services; (xiv) the Chair of the Council on Environmental Quality; (xv) the Administrator of the Environmental Protection Agency; (xvi) the Director of the Office of Management and Budget; (xvii) the Director of the Office of Science and Technology Policy; (xviii) the Assistant to the President for Domestic Policy; (xix) the Assistant to the President for National Security Affairs; (xx) the Assistant to the President for Homeland Security and Counterter- rorism; and (xxi) the Assistant to the President for Economic Policy. (b) Mission and Work. The Task Force shall facilitate the organization and deployment of a Government-wide approach to combat the climate crisis. This Task Force shall facilitate planning and implementation of key Federal actions to reduce climate pollution; increase resilience to the impacts of climate change; protect public health; conserve our lands, waters, oceans, and biodiversity; deliver environmental justice; and spur well-paying union jobs and economic growth. As necessary and appropriate, members of the Task Force will engage on these matters with State, local, Tribal, and terri- torial governments; workers and communities; and leaders across the various sectors of our economy. (c) Prioritizing Actions. To the extent permitted by law, Task Force mem- bers shall prioritize action on climate change in their policy-making and budget processes, in their contracting and procurement, and in their engage- ment with State, local, Tribal, and territorial governments; workers and communities; and leaders across all the sectors of our economy. USE OF THE FEDERAL GOVERNMENT’S BUYING POWER AND REAL PROPERTY AND ASSET MANAGEMENT Sec. 204. Policy. It is the policy of my Administration to lead the Nation’s effort to combat the climate crisis by example—specifically, by aligning the management of Federal procurement and real property, public lands and waters, and financial programs to support robust climate action. By providing an immediate, clear, and stable source of product demand, in- creased transparency and data, and robust standards for the market, my Administration will help to catalyze private sector investment into, and VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7624 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents accelerate the advancement of America’s industrial capacity to supply, do- mestic clean energy, buildings, vehicles, and other necessary products and materials. Sec. 205. Federal Clean Electricity and Vehicle Procurement Strategy. (a) The Chair of the Council on Environmental Quality, the Administrator of General Services, and the Director of the Office and Management and Budget, in coordination with the Secretary of Commerce, the Secretary of Labor, the Secretary of Energy, and the heads of other relevant agencies, shall assist the National Climate Advisor, through the Task Force established in section 203 of this order, in developing a comprehensive plan to create good jobs and stimulate clean energy industries by revitalizing the Federal Government’s sustainability efforts. (b) The plan shall aim to use, as appropriate and consistent with applicable law, all available procurement authorities to achieve or facilitate: (i) a carbon pollution-free electricity sector no later than 2035; and (ii) clean and zero-emission vehicles for Federal, State, local, and Tribal government fleets, including vehicles of the United States Postal Service. (c) If necessary, the plan shall recommend any additional legislation needed to accomplish these objectives. (d) The plan shall also aim to ensure that the United States retains the union jobs integral to and involved in running and maintaining clean and zero-emission fleets, while spurring the creation of union jobs in the manufac- ture of those new vehicles. The plan shall be submitted to the Task Force within 90 days of the date of this order. Sec. 206. Procurement Standards. Consistent with the Executive Order of January 25, 2021, entitled, ‘‘Ensuring the Future Is Made in All of America by All of America’s Workers,’’ agencies shall adhere to the requirements of the Made in America Laws in making clean energy, energy efficiency, and clean energy procurement decisions. Agencies shall, consistent with applicable law, apply and enforce the Davis-Bacon Act and prevailing wage and benefit requirements. The Secretary of Labor shall take steps to update prevailing wage requirements. The Chair of the Council on Environmental Quality shall consider additional administrative steps and guidance to assist the Federal Acquisition Regulatory Council in developing regulatory amend- ments to promote increased contractor attention on reduced carbon emission and Federal sustainability. Sec. 207. Renewable Energy on Public Lands and in Offshore Waters. The Secretary of the Interior shall review siting and permitting processes on public lands and in offshore waters to identify to the Task Force steps that can be taken, consistent with applicable law, to increase renewable energy production on those lands and in those waters, with the goal of doubling offshore wind by 2030 while ensuring robust protection for our lands, waters, and biodiversity and creating good jobs. In conducting this review, the Secretary of the Interior shall consult, as appropriate, with the heads of relevant agencies, including the Secretary of Defense, the Sec- retary of Agriculture, the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of Energy, the Chair of the Council on Environmental Quality, State and Tribal authorities, project developers, and other interested parties. The Secretary of the Interior shall engage with Tribal authorities regarding the development and management of renewable and conventional energy resources on Tribal lands. Sec. 208. Oil and Natural Gas Development on Public Lands and in Offshore Waters. To the extent consistent with applicable law, the Secretary of the Interior shall pause new oil and natural gas leases on public lands or in offshore waters pending completion of a comprehensive review and recon- sideration of Federal oil and gas permitting and leasing practices in light of the Secretary of the Interior’s broad stewardship responsibilities over the public lands and in offshore waters, including potential climate and VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7625 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents other impacts associated with oil and gas activities on public lands or in offshore waters. The Secretary of the Interior shall complete that review in consultation with the Secretary of Agriculture, the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, and the Secretary of Energy. In conducting this analysis, and to the extent consistent with applicable law, the Secretary of the Interior shall consider whether to adjust royalties associated with coal, oil, and gas resources extracted from public lands and offshore waters, or take other appropriate action, to account for corresponding climate costs. Sec. 209. Fossil Fuel Subsidies. The heads of agencies shall identify for the Director of the Office of Management and Budget and the National Climate Advisor any fossil fuel subsidies provided by their respective agen- cies, and then take steps to ensure that, to the extent consistent with applica- ble law, Federal funding is not directly subsidizing fossil fuels. The Director of the Office of Management and Budget shall seek, in coordination with the heads of agencies and the National Climate Advisor, to eliminate fossil fuel subsidies from the budget request for Fiscal Year 2022 and thereafter. Sec. 210. Clean Energy in Financial Management. The heads of agencies shall identify opportunities for Federal funding to spur innovation, commer- cialization, and deployment of clean energy technologies and infrastructure for the Director of the Office of Management and Budget and the National Climate Advisor, and then take steps to ensure that, to the extent consistent with applicable law, Federal funding is used to spur innovation, commer- cialization, and deployment of clean energy technologies and infrastructure. The Director of the Office of Management and Budget, in coordination with agency heads and the National Climate Advisor, shall seek to prioritize such investments in the President’s budget request for Fiscal Year 2022 and thereafter. Sec. 211. Climate Action Plans and Data and Information Products to Improve Adaptation and Increase Resilience. (a) The head of each agency shall submit a draft action plan to the Task Force and the Federal Chief Sustainability Officer within 120 days of the date of this order that describes steps the agency can take with regard to its facilities and operations to bolster adapta- tion and increase resilience to the impacts of climate change. Action plans should, among other things, describe the agency’s climate vulnerabilities and describe the agency’s plan to use the power of procurement to increase the energy and water efficiency of United States Government installations, buildings, and facilities and ensure they are climate-ready. Agencies shall consider the feasibility of using the purchasing power of the Federal Govern- ment to drive innovation, and shall seek to increase the Federal Government’s resilience against supply chain disruptions. Such disruptions put the Nation’s manufacturing sector at risk, as well as consumer access to critical goods and services. Agencies shall make their action plans public, and post them on the agency website, to the extent consistent with applicable law. (b) Within 30 days of an agency’s submission of an action plan, the Federal Chief Sustainability Officer, in coordination with the Director of the Office of Management and Budget, shall review the plan to assess its consistency with the policy set forth in section 204 of this order and the priorities issued by the Office of Management and Budget. (c) After submitting an initial action plan, the head of each agency shall submit to the Task Force and Federal Chief Sustainability Officer progress reports annually on the status of implementation efforts. Agencies shall make progress reports public and post them on the agency website, to the extent consistent with applicable law. The heads of agencies shall assign their respective agency Chief Sustainability Officer the authority to perform duties relating to implementation of this order within the agency, to the extent consistent with applicable law. (d) To assist agencies and State, local, Tribal, and territorial governments, communities, and businesses in preparing for and adapting to the impacts of climate change, the Secretary of Commerce, through the Administrator VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7626 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents of the National Oceanic and Atmospheric Administration, the Secretary of Homeland Security, through the Administrator of the Federal Emergency Management Agency, and the Director of the Office of Science and Tech- nology Policy, in coordination with the heads of other agencies, as appro- priate, shall provide to the Task Force a report on ways to expand and improve climate forecast capabilities and information products for the public. In addition, the Secretary of the Interior and the Deputy Director for Manage- ment of the Office of Management and Budget, in their capacities as the Chair and Vice-Chair of the Federal Geographic Data Committee, shall assess and provide to the Task Force a report on the potential development of a consolidated Federal geographic mapping service that can facilitate public access to climate-related information that will assist Federal, State, local, and Tribal governments in climate planning and resilience activities. EMPOWERING WORKERS THROUGH REBUILDING OUR INFRASTRUC- TURE FOR A SUSTAINABLE ECONOMY Sec. 212. Policy. This Nation needs millions of construction, manufacturing, engineering, and skilled-trades workers to build a new American infrastruc- ture and clean energy economy. These jobs will create opportunities for young people and for older workers shifting to new professions, and for people from all backgrounds and communities. Such jobs will bring oppor- tunity to communities too often left behind—places that have suffered as a result of economic shifts and places that have suffered the most from persistent pollution, including low-income rural and urban communities, communities of color, and Native communities. Sec. 213. Sustainable Infrastructure. (a) The Chair of the Council on Environ- mental Quality and the Director of the Office of Management and Budget shall take steps, consistent with applicable law, to ensure that Federal infra- structure investment reduces climate pollution, and to require that Federal permitting decisions consider the effects of greenhouse gas emissions and climate change. In addition, they shall review, and report to the National Climate Advisor on, siting and permitting processes, including those in progress under the auspices of the Federal Permitting Improvement Steering Council, and identify steps that can be taken, consistent with applicable law, to accelerate the deployment of clean energy and transmission projects in an environmentally stable manner. (b) Agency heads conducting infrastructure reviews shall, as appropriate, consult from an early stage with State, local, and Tribal officials involved in permitting or authorizing proposed infrastructure projects to develop effi- cient timelines for decision-making that are appropriate given the complex- ities of proposed projects. EMPOWERING WORKERS BY ADVANCING CONSERVATION, AGRI- CULTURE, AND REFORESTATION Sec. 214. Policy. It is the policy of my Administration to put a new generation of Americans to work conserving our public lands and waters. The Federal Government must protect America’s natural treasures, increase reforestation, improve access to recreation, and increase resilience to wildfires and storms, while creating well-paying union jobs for more Americans, including more opportunities for women and people of color in occupations where they are underrepresented. America’s farmers, ranchers, and forest landowners have an important role to play in combating the climate crisis and reducing greenhouse gas emissions, by sequestering carbon in soils, grasses, trees, and other vegetation and sourcing sustainable bioproducts and fuels. Coastal communities have an essential role to play in mitigating climate change and strengthening resilience by protecting and restoring coastal ecosystems, such as wetlands, seagrasses, coral and oyster reefs, and mangrove and kelp forests, to protect vulnerable coastlines, sequester carbon, and support biodiversity and fisheries. Sec. 215. Civilian Climate Corps. In furtherance of the policy set forth in section 214 of this order, the Secretary of the Interior, in collaboration with the Secretary of Agriculture and the heads of other relevant agencies, VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7627 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents shall submit a strategy to the Task Force within 90 days of the date of this order for creating a Civilian Climate Corps Initiative, within existing appropriations, to mobilize the next generation of conservation and resilience workers and maximize the creation of accessible training opportunities and good jobs. The initiative shall aim to conserve and restore public lands and waters, bolster community resilience, increase reforestation, increase carbon sequestration in the agricultural sector, protect biodiversity, improve access to recreation, and address the changing climate. Sec. 216. Conserving Our Nation’s Lands and Waters. (a) The Secretary of the Interior, in consultation with the Secretary of Agriculture, the Secretary of Commerce, the Chair of the Council on Environmental Quality, and the heads of other relevant agencies, shall submit a report to the Task Force within 90 days of the date of this order recommending steps that the United States should take, working with State, local, Tribal, and territorial govern- ments, agricultural and forest landowners, fishermen, and other key stake- holders, to achieve the goal of conserving at least 30 percent of our lands and waters by 2030. (i) The Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, and the Chair of the Council on Environ- mental Quality shall, as appropriate, solicit input from State, local, Tribal, and territorial officials, agricultural and forest landowners, fishermen, and other key stakeholders in identifying strategies that will encourage broad participation in the goal of conserving 30 percent of our lands and waters by 2030. (ii) The report shall propose guidelines for determining whether lands and waters qualify for conservation, and it also shall establish mechanisms to measure progress toward the 30-percent goal. The Secretary of the Interior shall subsequently submit annual reports to the Task Force to monitor progress. (b) The Secretary of Agriculture shall: (i) initiate efforts in the first 60 days from the date of this order to collect input from Tribes, farmers, ranchers, forest owners, conservation groups, firefighters, and other stakeholders on how to best use Department of Agriculture programs, funding and financing capacities, and other au- thorities, and how to encourage the voluntary adoption of climate-smart agricultural and forestry practices that decrease wildfire risk fueled by climate change and result in additional, measurable, and verifiable carbon reductions and sequestration and that source sustainable bioproducts and fuels; and (ii) submit to the Task Force within 90 days of the date of this order a report making recommendations for an agricultural and forestry climate strategy. (c) The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, shall initiate efforts in the first 60 days from the date of this order to collect input from fishermen, regional ocean councils, fishery management councils, scientists, and other stake- holders on how to make fisheries and protected resources more resilient to climate change, including changes in management and conservation meas- ures, and improvements in science, monitoring, and cooperative research. EMPOWERING WORKERS THROUGH REVITALIZING ENERGY COMMU- NITIES Sec. 217. Policy. It is the policy of my Administration to improve air and water quality and to create well-paying union jobs and more opportunities for women and people of color in hard-hit communities, including rural communities, while reducing methane emissions, oil and brine leaks, and other environmental harms from tens of thousands of former mining and well sites. Mining and power plant workers drove the industrial revolution and the economic growth that followed, and have been essential to the growth of the United States. As the Nation shifts to a clean energy economy, VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7628 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents Federal leadership is essential to foster economic revitalization of and invest- ment in these communities, ensure the creation of good jobs that provide a choice to join a union, and secure the benefits that have been earned by workers. Such work should include projects that reduce emissions of toxic substances and greenhouse gases from existing and abandoned infrastructure and that prevent environmental damage that harms communities and poses a risk to public health and safety. Plugging leaks in oil and gas wells and reclaiming abandoned mine land can create well-paying union jobs in coal, oil, and gas communities while restoring natural assets, revitalizing recreation econo- mies, and curbing methane emissions. In addition, such work should include efforts to turn properties idled in these communities, such as brownfields, into new hubs for the growth of our economy. Federal agencies should therefore coordinate investments and other efforts to assist coal, oil and gas, and power plant communities, and achieve substantial reductions of methane emissions from the oil and gas sector as quickly as possible. Sec. 218. Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization. There is hereby established an Interagency Working Group on Coal and Power Plant Communities and Economic Revital- ization (Interagency Working Group). The National Climate Advisor and the Assistant to the President for Economic Policy shall serve as Co-Chairs of the Interagency Working Group. (a) Membership. The Interagency Working Group shall consist of the fol- lowing additional members: (i) the Secretary of the Treasury; (ii) the Secretary of the Interior; (iii) the Secretary of Agriculture; (iv) the Secretary of Commerce; (v) the Secretary of Labor; (vi) the Secretary of Health and Human Services; (vii) the Secretary of Transportation; (viii) the Secretary of Energy; (ix) the Secretary of Education; (x) the Administrator of the Environmental Protection Agency; (xi) the Director of the Office of Management and Budget; (xii) the Assistant to the President for Domestic Policy and Director of the Domestic Policy Council; and (xiii) the Federal Co-Chair of the Appalachian Regional Commission. (b) Mission and Work. (i) The Interagency Working Group shall coordinate the identification and delivery of Federal resources to revitalize the economies of coal, oil and gas, and power plant communities; develop strategies to implement the policy set forth in section 217 of this order and for economic and social recovery; assess opportunities to ensure benefits and protections for coal and power plant workers; and submit reports to the National Climate Advisor and the Assistant to the President for Economic Policy on a regular basis on the progress of the revitalization effort. (ii) As part of this effort, within 60 days of the date of this order, the Interagency Working Group shall submit a report to the President describ- ing all mechanisms, consistent with applicable law, to prioritize grantmaking, Federal loan programs, technical assistance, financing, pro- curement, or other existing programs to support and revitalize the econo- mies of coal and power plant communities, and providing recommenda- tions for action consistent with the goals of the Interagency Working Group. VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7629 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents (c) Consultation. Consistent with the objectives set out in this order and in accordance with applicable law, the Interagency Working Group shall seek the views of State, local, and Tribal officials; unions; environmental justice organizations; community groups; and other persons it identifies who may have perspectives on the mission of the Interagency Working Group. (d) Administration. The Interagency Working Group shall be housed within the Department of Energy. The Chairs shall convene regular meetings of the Interagency Working Group, determine its agenda, and direct its work. The Secretary of Energy, in consultation with the Chairs, shall designate an Executive Director of the Interagency Working Group, who shall coordinate the work of the Interagency Working Group and head any staff assigned to the Interagency Working Group. (e) Officers. To facilitate the work of the Interagency Working Group, the head of each agency listed in subsection (a) of this section shall assign a designated official within the agency the authority to represent the agency on the Interagency Working Group and perform such other duties relating to the implementation of this order within the agency as the head of the agency deems appropriate. SECURING ENVIRONMENTAL JUSTICE AND SPURRING ECONOMIC OP- PORTUNITY Sec. 219. Policy. To secure an equitable economic future, the United States must ensure that environmental and economic justice are key considerations in how we govern. That means investing and building a clean energy econ- omy that creates well-paying union jobs, turning disadvantaged commu- nities—historically marginalized and overburdened—into healthy, thriving communities, and undertaking robust actions to mitigate climate change while preparing for the impacts of climate change across rural, urban, and Tribal areas. Agencies shall make achieving environmental justice part of their missions by developing programs, policies, and activities to address the disproportionately high and adverse human health, environmental, cli- mate-related and other cumulative impacts on disadvantaged communities, as well as the accompanying economic challenges of such impacts. It is therefore the policy of my Administration to secure environmental justice and spur economic opportunity for disadvantaged communities that have been historically marginalized and overburdened by pollution and under- investment in housing, transportation, water and wastewater infrastructure, and health care. Sec. 220. White House Environmental Justice Interagency Council. (a) Section 1–102 of Executive Order 12898 of February 11, 1994 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations), is hereby amended to read as follows: ‘‘(a) There is hereby created within the Executive Office of the President a White House Environmental Justice Interagency Council (Interagency Coun- cil). The Chair of the Council on Environmental Quality shall serve as Chair of the Interagency Council. ‘‘(b) Membership. The Interagency Council shall consist of the following additional members: (i) the Secretary of Defense; (ii) the Attorney General; (iii) the Secretary of the Interior; (iv) the Secretary of Agriculture; (v) the Secretary of Commerce; (vi) the Secretary of Labor; (vii) the Secretary of Health and Human Services; (viii) the Secretary of Housing and Urban Development; VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7630 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents (ix) the Secretary of Transportation; (x) the Secretary of Energy; (xi) the Chair of the Council of Economic Advisers; (xii) the Administrator of the Environmental Protection Agency; (xiii) the Director of the Office of Management and Budget; (xiv) the Executive Director of the Federal Permitting Improvement Steering Council; (xv) the Director of the Office of Science and Technology Policy; (xvi) the National Climate Advisor; (xvii) the Assistant to the President for Domestic Policy; and (xviii) the Assistant to the President for Economic Policy. ‘‘(c) At the direction of the Chair, the Interagency Council may establish subgroups consisting exclusively of Interagency Council members or their designees under this section, as appropriate. ‘‘(d) Mission and Work. The Interagency Council shall develop a strategy to address current and historic environmental injustice by consulting with the White House Environmental Justice Advisory Council and with local environmental justice leaders. The Interagency Council shall also develop clear performance metrics to ensure accountability, and publish an annual public performance scorecard on its implementation. ‘‘(e) Administration. The Office of Administration within the Executive Office of the President shall provide funding and administrative support for the Interagency Council, to the extent permitted by law and within existing appropriations. To the extent permitted by law, including the Econ- omy Act (31 U.S.C. 1535), and subject to the availability of appropriations, the Department of Labor, the Department of Transportation, and the Environ- mental Protection Agency shall provide administrative support as necessary. ‘‘(f) Meetings and Staff. The Chair shall convene regular meetings of the Council, determine its agenda, and direct its work. The Chair shall designate an Executive Director of the Council, who shall coordinate the work of the Interagency Council and head any staff assigned to the Council. ‘‘(g) Officers. To facilitate the work of the Interagency Council, the head of each agency listed in subsection (b) shall assign a designated official within the agency to be an Environmental Justice Officer, with the authority to represent the agency on the Interagency Council and perform such other duties relating to the implementation of this order within the agency as the head of the agency deems appropriate.’’ (b) The Interagency Council shall, within 120 days of the date of this order, submit to the President, through the National Climate Advisor, a set of recommendations for further updating Executive Order 12898. Sec. 221. White House Environmental Justice Advisory Council. There is hereby established, within the Environmental Protection Agency, the White House Environmental Justice Advisory Council (Advisory Council), which shall advise the Interagency Council and the Chair of the Council on Environ- mental Quality. (a) Membership. Members shall be appointed by the President, shall be drawn from across the political spectrum, and may include those with knowledge about or experience in environmental justice, climate change, disaster preparedness, racial inequity, or any other area determined by the President to be of value to the Advisory Council. (b) Mission and Work. The Advisory Council shall be solely advisory. It shall provide recommendations to the White House Environmental Justice Interagency Council established in section 220 of this order on how to increase the Federal Government’s efforts to address current and historic environmental injustice, including recommendations for updating Executive Order 12898. VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7631 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents (c) Administration. The Environmental Protection Agency shall provide funding and administrative support for the Advisory Council to the extent permitted by law and within existing appropriations. Members of the Advi- sory Council shall serve without either compensation or reimbursement of expenses. (d) Federal Advisory Committee Act. Insofar as the Federal Advisory Com- mittee Act, as amended (5 U.S.C. App.), may apply to the Advisory Council, any functions of the President under the Act, except for those in section 6 of the Act, shall be performed by the Administrator of the Environmental Protection Agency in accordance with the guidelines that have been issued by the Administrator of General Services. Sec. 222. Agency Responsibilities. In furtherance of the policy set forth in section 219: (a) The Chair of the Council on Environmental Quality shall, within 6 months of the date of this order, create a geospatial Climate and Economic Justice Screening Tool and shall annually publish interactive maps high- lighting disadvantaged communities. (b) The Administrator of the Environmental Protection Agency shall, within existing appropriations and consistent with applicable law: (i) strengthen enforcement of environmental violations with dispropor- tionate impact on underserved communities through the Office of Enforce- ment and Compliance Assurance; and (ii) create a community notification program to monitor and provide real- time data to the public on current environmental pollution, including emissions, criteria pollutants, and toxins, in frontline and fenceline com- munities—places with the most significant exposure to such pollution. (c) The Attorney General shall, within existing appropriations and con- sistent with applicable law: (i) consider renaming the Environment and Natural Resources Division the Environmental Justice and Natural Resources Division; (ii) direct that division to coordinate with the Administrator of the Environ- mental Protection Agency, through the Office of Enforcement and Compli- ance Assurance, as well as with other client agencies as appropriate, to develop a comprehensive environmental justice enforcement strategy, which shall seek to provide timely remedies for systemic environmental violations and contaminations, and injury to natural resources; and (iii) ensure comprehensive attention to environmental justice throughout the Department of Justice, including by considering creating an Office of Environmental Justice within the Department to coordinate environ- mental justice activities among Department of Justice components and United States Attorneys’ Offices nationwide. (d) The Secretary of Health and Human Services shall, consistent with applicable law and within existing appropriations: (i) establish an Office of Climate Change and Health Equity to address the impact of climate change on the health of the American people; and (ii) establish an Interagency Working Group to Decrease Risk of Climate Change to Children, the Elderly, People with Disabilities, and the Vulner- able as well as a biennial Health Care System Readiness Advisory Council, both of which shall report their progress and findings regularly to the Task Force. (e) The Director of the Office of Science and Technology Policy shall, in consultation with the National Climate Advisor, within existing appropria- tions, and within 100 days of the date of this order, publish a report identifying the climate strategies and technologies that will result in the most air and water quality improvements, which shall be made public to the maximum extent possible and published on the Office’s website. Sec. 223. Justice40 Initiative. (a) Within 120 days of the date of this order, the Chair of the Council on Environmental Quality, the Director of the VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00013 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7632 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents Office of Management and Budget, and the National Climate Advisor, in consultation with the Advisory Council, shall jointly publish recommenda- tions on how certain Federal investments might be made toward a goal that 40 percent of the overall benefits flow to disadvantaged communities. The recommendations shall focus on investments in the areas of clean energy and energy efficiency; clean transit; affordable and sustainable hous- ing; training and workforce development; the remediation and reduction of legacy pollution; and the development of critical clean water infrastructure. The recommendations shall reflect existing authorities the agencies may possess for achieving the 40-percent goal as well as recommendations on any legislation needed to achieve the 40-percent goal. (b) In developing the recommendations, the Chair of the Council on Envi- ronmental Quality, the Director of the Office of Management and Budget, and the National Climate Advisor shall consult with affected disadvantaged communities. (c) Within 60 days of the recommendations described in subsection (a) of this section, agency heads shall identify applicable program investment funds based on the recommendations and consider interim investment guid- ance to relevant program staff, as appropriate and consistent with applicable law. (d) By February 2022, the Director of the Office of Management and Budget, in coordination with the Chair of the Council on Environmental Quality, the Administrator of the United States Digital Service, and other relevant agency heads, shall, to the extent consistent with applicable law, publish on a public website an annual Environmental Justice Scorecard detailing agency environmental justice performance measures. PART III—GENERAL PROVISIONS Sec. 301. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget, relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 7633 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Presidential Documents (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, January 27, 2021. [FR Doc. 2021–02177 Filed 1–29–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:53 Jan 29, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4790 Sfmt 4790 E:\FR\FM\01FEE1.SGM 01FEE1 BIDEN.EPS</GPH>

Tackling the Climate Crisis at Home and Abroad

2021-01-27T00:00:00

a03b9a219259d1955d3f19b9049d55eaa107263a9db048e635dfcc000bf9392c

Presidential Executive Order

2021-02034 (14004)

Presidential Documents 7471 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents Executive Order 14004 of January 25, 2021 Enabling All Qualified Americans To Serve Their Country in Uniform By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. All Americans who are qualified to serve in the Armed Forces of the United States (‘‘Armed Forces’’) should be able to serve. The All-Volunteer Force thrives when it is composed of diverse Americans who can meet the rigorous standards for military service, and an inclusive military strengthens our national security. It is my conviction as Commander in Chief of the Armed Forces that gender identity should not be a bar to military service. Moreover, there is substantial evidence that allowing transgender individuals to serve in the military does not have any meaningful negative impact on the Armed Forces. To that end, in 2016, a meticulous, comprehensive study requested by the Depart- ment of Defense found that enabling transgender individuals to serve openly in the United States military would have only a minimal impact on military readiness and healthcare costs. The study also concluded that open transgender service has had no significant impact on operational effectiveness or unit cohesion in foreign militaries. On the basis of this information, the Secretary of Defense concluded in 2016 that permitting transgender individuals to serve openly in the military was consistent with military readiness and with strength through diversity, such that transgender service members who could meet the required stand- ards and procedures should be permitted to serve openly. The Secretary of Defense also concluded that it was appropriate to create a process that would enable service members to take steps to transition gender while serving. The previous administration chose to alter that policy to bar transgender persons, in almost all circumstances, from joining the Armed Forces and from being able to take steps to transition gender while serving. Rather than relying on the comprehensive study by a nonpartisan federally funded research center, the previous administration relied on a review that resulted in a policy that set unnecessary barriers to military service. It is my judgment that the Secretary of Defense’s 2016 conclusions remain valid, as further demonstrated by the fact that, in 2018, the then-serving Chief of Staff of the Army, Chief of Naval Operations, Commandant of the Marine Corps, and Chief of Staff of the Air Force all testified publicly to the Congress that they were not aware of any issues of unit cohesion, disciplinary prob- lems, or issues of morale resulting from open transgender service. A group of former United States Surgeons General, who collectively served under Democratic and Republican Presidents, echoed this point, stating in 2018 that ‘‘transgender troops are as medically fit as their non-transgender peers and that there is no medically valid reason—including a diagnosis of gender dysphoria—to exclude them from military service or to limit their access to medically necessary care.’’ Therefore, it shall be the policy of the United States to ensure that all transgender individuals who wish to serve in the United States military and can meet the appropriate standards shall be able to do so openly and free from discrimination. VerDate Sep<11>2014 17:20 Jan 27, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\28JAE0.SGM 28JAE0 7472 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents Sec. 2. Revocation. The Presidential Memorandum of March 23, 2018 (Mili- tary Service by Transgender Individuals), is hereby revoked, and the Presi- dential Memorandum of August 25, 2017 (Military Service by Transgender Individuals), remains revoked. Sec. 3. Agency Roles and Responsibilities. In furtherance of the policy de- scribed in section 1 of this order, I hereby direct the following: (a) The Secretary of Defense, and Secretary of Homeland Security with respect to the Coast Guard, shall, after consultation with the Joint Chiefs of Staff about how best to implement this policy and consistent with applica- ble law, take all necessary steps to ensure that all directives, orders, regula- tions, and policies of their respective departments are consistent with this order. These steps shall include establishing a process by which transgender service members may transition gender while serving, along with any further steps that the Secretary of Defense and Secretary of Homeland Security deem appropriate to advance the policy described in section 1 of this order. (b) The Secretary of Defense shall: (i) immediately prohibit involuntary separations, discharges, and denials of reenlistment or continuation of service on the basis of gender identity or under circumstances relating to their gender identity; (ii) identify and examine the records of service members who have been involuntarily separated, discharged, or denied reenlistment or continuation of service on the basis of gender identity or under circumstances relating to their gender identity; (iii) issue guidance to the Secretaries of each military department regarding the correction of the military records of individuals described in subsection (b)(ii) of this section as necessary to remove an injustice, pursuant to section 1552(a) of title 10, United States Code, to the extent permitted by law; and (iv) direct the Secretaries of each military department to provide supple- mental guidance, subject to the approval of the Secretary, to the boards for the correction of military records, instructing such boards on how to review applications for the correction of records of individuals described in subsection (b)(ii) of this section. Where appropriate, the department concerned shall offer such individuals an opportunity to rejoin the military should they wish to do so and meet the current entry standards. (c) The Secretary of Homeland Security with respect to the Coast Guard shall: (i) immediately prohibit involuntary separations, discharges, and denials of reenlistment or continuation of service, on the basis of gender identity or under circumstances relating to their gender identity; (ii) identify and examine the records of service members who have been involuntarily separated, discharged, or denied reenlistment or continuation of service, on the basis of gender identity or under circumstances relating to their gender identity; (iii) issue guidance regarding the correction of the military records of individuals described in subsection (c)(ii) of this section as necessary to remove an injustice, pursuant to section 1552(a) of title 10, United States Code, to the extent permitted by law; and (iv) provide supplemental guidance to the Board for Correction of Military Records of the Coast Guard, instructing the Board on how to review applications for the correction of records of individuals described in sub- section (c)(ii) of this section. Where appropriate, the Secretary of Homeland Security shall offer such individuals an opportunity to rejoin the Coast Guard should they wish to do so and meet the current entry standards. (d) The Secretary of Defense and the Secretary of Homeland Security shall report to me within 60 days of the date of this order on their progress in implementing the directives in this order and the policy described in section 1 of this order. VerDate Sep<11>2014 17:20 Jan 27, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\28JAE0.SGM 28JAE0 7473 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, January 25, 2021. [FR Doc. 2021–02034 Filed 1–27–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 17:20 Jan 27, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\28JAE0.SGM 28JAE0 BIDEN.EPS</GPH>

Enabling All Qualified Americans To Serve Their Country in Uniform

2021-01-25T00:00:00

13f93545e64a9da1684eb6dce8683bf07af99ea8b9367161b4fe7064eb34d029

Presidential Executive Order

2021-02070 (14006)

Presidential Documents 7483 Federal Register Vol. 86, No. 18 Friday, January 29, 2021 Title 3— The President Executive Order 14006 of January 26, 2021 Reforming Our Incarceration System To Eliminate the Use of Privately Operated Criminal Detention Facilities By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. More than two million people are currently incarcerated in the United States, including a disproportionate number of people of color. There is broad consensus that our current system of mass incarceration imposes significant costs and hardships on our society and communities and does not make us safer. To decrease incarceration levels, we must reduce profit-based incentives to incarcerate by phasing out the Federal Government’s reliance on privately operated criminal detention facilities. We must ensure that our Nation’s incarceration and correctional systems are prioritizing rehabilitation and redemption. Incarcerated individuals should be given a fair chance to fully reintegrate into their communities, including by participating in programming tailored to earning a good living, securing affordable housing, and participating in our democracy as our fellow citizens. However, privately operated criminal detention facilities consist- ently underperform Federal facilities with respect to correctional services, programs, and resources. We should ensure that time in prison prepares individuals for the next chapter of their lives. The Federal Government also has a responsibility to ensure the safe and humane treatment of those in the Federal criminal justice system. However, as the Department of Justice’s Office of Inspector General found in 2016, privately operated criminal detention facilities do not maintain the same levels of safety and security for people in the Federal criminal justice system or for correctional staff. We have a duty to provide these individuals with safe working and living conditions. Sec. 2. Contracts with Privately Operated Criminal Detention Facilities. The Attorney General shall not renew Department of Justice contracts with pri- vately operated criminal detention facilities, as consistent with applicable law. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:37 Jan 28, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\29JAE0.SGM 29JAE0 khammond on DSKJM1Z7X2PROD with PRESDOC 7484 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Presidential Documents (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, January 26, 2021. [FR Doc. 2021–02070 Filed 1–28–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:37 Jan 28, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\29JAE0.SGM 29JAE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC

Reforming Our Incarceration System To Eliminate the Use of Privately Operated Criminal Detention Facilities

2021-01-26T00:00:00

9d711655ee1967f895b4d86b87d59c6a443ec3941c6d19da0c927be7505213af

Presidential Executive Order

2021-02252 (14009)

Presidential Documents 7793 Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Presidential Documents Executive Order 14009 of January 28, 2021 Strengthening Medicaid and the Affordable Care Act By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. In the 10 years since its enactment, the Affordable Care Act (ACA) has reduced the number of uninsured Americans by more than 20 million, extended critical consumer protections to more than 100 million people, and strengthened and improved the Nation’s healthcare system. At the same time, millions of people who are potentially eligible for coverage under the ACA or other laws remain uninsured, and obtaining insurance benefits is more difficult than necessary. For these reasons, it is the policy of my Administration to protect and strengthen Medicaid and the ACA and to make high-quality healthcare accessible and affordable for every American. Sec. 2. Special Enrollment Period. The coronavirus disease 2019 (COVID– 19) pandemic has triggered a historic public health and economic crisis. In January of 2020, as the COVID–19 pandemic was spreading, the Secretary of Health and Human Services declared a public health emergency. In March of 2020, the President declared a national emergency. Although almost a year has passed, the emergency continues—over 5 million Americans have contracted the disease in January 2021, and thousands are dying every week. Over 30 million Americans remain uninsured, preventing many from obtaining necessary health services and treatment. Black, Latino, and Native American persons are more likely to be uninsured, and communities of color have been especially hard hit by both the COVID–19 pandemic and the economic downturn. In light of the exceptional circumstances caused by the ongoing COVID–19 pandemic, the Secretary of Health and Human Services shall consider establishing a Special Enrollment Period for unin- sured and under-insured Americans to seek coverage through the Federally Facilitated Marketplace, pursuant to existing authorities, including sections 18031 and 18041 of title 42, United States Code, and section 155.420(d)(9) of title 45, Code of Federal Regulations, and consistent with applicable law. Sec. 3. Immediate Review of Agency Actions. (a) The Secretary of the Treas- ury, the Secretary of Labor, the Secretary of Health and Human Services, and the heads of all other executive departments and agencies with authori- ties and responsibilities related to Medicaid and the ACA (collectively, heads of agencies) shall, as soon as practicable, review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) to determine whether such agency actions are inconsistent with the policy set forth in section 1 of this order. As part of this review, the heads of agencies shall examine the following: (i) policies or practices that may undermine protections for people with pre-existing conditions, including complications related to COVID–19, under the ACA; (ii) demonstrations and waivers, as well as demonstration and waiver policies, that may reduce coverage under or otherwise undermine Medicaid or the ACA; (iii) policies or practices that may undermine the Health Insurance Market- place or the individual, small group, or large group markets for health insurance in the United States; VerDate Sep<11>2014 22:17 Feb 01, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\02FEE0.SGM 02FEE0 jbell on DSKJLSW7X2PROD with EXECORD 7794 Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Presidential Documents (iv) policies or practices that may present unnecessary barriers to individ- uals and families attempting to access Medicaid or ACA coverage, including for mid-year enrollment; and (v) policies or practices that may reduce the affordability of coverage or financial assistance for coverage, including for dependents. (b) Heads of agencies shall, as soon as practicable and as appropriate and consistent with applicable law, consider whether to suspend, revise, or rescind—and, as applicable, publish for notice and comment proposed rules suspending, revising, or rescinding—those agency actions identified as inconsistent with the policy set forth in section 1 of this order. (c) Heads of agencies shall, as soon as practicable and as appropriate and consistent with applicable law, consider whether to take any additional agency actions to more fully enforce the policy set forth in section 1 of this order. Sec. 4. Revocation of Certain Presidential Actions and Review of Associated Agency Actions. (a) Executive Order 13765 of January 20, 2017 (Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal), and Executive Order 13813 of October 12, 2017 (Promoting Healthcare Choice and Competition Across the United States), are revoked. (b) As part of the review required under section 3 of this order, heads of agencies shall identify existing agency actions related to or arising from Executive Orders 13765 and 13813. Heads of agencies shall, as soon as practicable, consider whether to suspend, revise, or rescind—and, as applica- ble, publish for notice and comment proposed rules suspending, revising, or rescinding—any such agency actions, as appropriate and consistent with applicable law and the policy set forth in section 1 of this order. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 22:17 Feb 01, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\02FEE0.SGM 02FEE0 jbell on DSKJLSW7X2PROD with EXECORD 7795 Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Presidential Documents (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, January 28, 2021. [FR Doc. 2021–02252 2–1–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 22:17 Feb 01, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\02FEE0.SGM 02FEE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Strengthening Medicaid and the Affordable Care Act

2021-01-28T00:00:00

b6784a0ddaedef03ace6fa92c0baf54f736f3f9a02efb93e4fb21a33b625d622

Presidential Executive Order

2021-02038 (14005)

Presidential Documents 7475 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents Executive Order 14005 of January 25, 2021 Ensuring the Future Is Made in All of America by All of America’s Workers By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of my Administration that the United States Government should, consistent with applicable law, use terms and conditions of Federal financial assistance awards and Federal procurements to maximize the use of goods, products, and materials produced in, and services offered in, the United States. The United States Government should, whenever possible, procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive. Additionally, to promote an accountable and transparent procurement policy, each agency should vest waiver issuance authority in senior agency leadership, where appropriate and consistent with applicable law. Sec. 2. Definitions. (a) ‘‘Agency’’ means any authority of the United States that is an ‘‘agency’’ under section 3502(1) of title 44, United States Code, other than those considered to be independent regulatory agencies, as defined in section 3502(5) of title 44, United States Code. (b) ‘‘Made in America Laws’’ means all statutes, regulations, rules, and Executive Orders relating to Federal financial assistance awards or Federal procurement, including those that refer to ‘‘Buy America’’ or ‘‘Buy Amer- ican,’’ that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured goods offered in the United States. Made in America Laws include laws requiring domestic preference for maritime transport, including the Merchant Marine Act of 1920 (Public Law 66– 261), also known as the Jones Act. (c) ‘‘Waiver’’ means an exception from or waiver of Made in America Laws, or the procedures and conditions used by an agency in granting an exception from or waiver of Made in America Laws. Sec. 3. Review of Agency Action Inconsistent with Administration Policy. (a) The head of each agency shall, as soon as practicable and as appropriate and consistent with applicable law, including the Administrative Procedure Act, consider suspending, revising, or rescinding those agency actions that are inconsistent with the policy set forth in section 1 of this order. (b) The head of each agency shall, as soon as practicable and as appropriate and consistent with applicable law, including the Administrative Procedure Act, consider proposing any additional agency actions necessary to enforce the policy set forth in section 1 of this order. Sec. 4. Updating and Centralizing the Made in America Waiver Process. (a) The Director of the Office of Management and Budget (OMB) shall establish within OMB the Made in America Office. The Made in America Office shall be headed by a Director of the Made in America Office (Made in America Director), who shall be appointed by the Director of OMB. (b) Before an agency grants a waiver, and unless the OMB Director provides otherwise, the agency (granting agency) shall provide the Made in America Director with a description of its proposed waiver and a detailed justification for the use of goods, products, or materials that have not been mined, produced, or manufactured in the United States. VerDate Sep<11>2014 17:21 Jan 27, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\28JAE1.SGM 28JAE1 7476 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents (i) Within 45 days of the date of the appointment of the Made in America Director, and as appropriate thereafter, the Director of OMB, through the Made in America Director, shall: (1) publish a list of the information that granting agencies shall include when submitting such descriptions of proposed waivers and justifications to the Made in America Director; and (2) publish a deadline, not to exceed 15 business days, by which the Director of OMB, through the Made in America Director, either will notify the head of the agency that the Director of OMB, through the Made in America Director, has waived each review described in subsection (c) of this section or will notify the head of the agency in writing of the result of the review. (ii) To the extent permitted by law and consistent with national security and executive branch confidentiality interests, descriptions of proposed waivers and justifications submitted to the Made in America Director by granting agencies shall be made publicly available on the website established pursuant to section 6 of this order. (c) The Director of OMB, through the Made in America Director, shall review each proposed waiver submitted pursuant to subsection (b) of this section, except where such review has been waived as described in subsection (b)(i)(2) of this section. (i) If the Director of OMB, through the Made in America Director, deter- mines that issuing the proposed waiver would be consistent with applicable law and the policy set forth in section 1 of this order, the Director of OMB, through the Made in America Director, shall notify the granting agency of that determination in writing. (ii) If the Director of OMB, through the Made in America Director, deter- mines that issuing the proposed waiver would not be consistent with applicable law or the policy set forth in section 1 of this order, the Director of OMB, through the Made in America Director, shall notify the granting agency of the determination and shall return the proposed waiver to the head of the agency for further consideration, providing the granting agency with a written explanation for the determination. (1) If the head of the agency disagrees with some or all of the bases for the determination and return, the head of the agency shall so inform the Made in America Director in writing. (2) To the extent permitted by law, disagreements or conflicts between the Made in America Director and the head of any agency shall be resolved in accordance with procedures that parallel those set forth in section 7 of Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), with respect to the Director of the Office of Information and Regulatory Affairs within OMB. (d) When a granting agency is obligated by law to act more quickly than the review procedures established in this section allow, the head of the agency shall notify the Made in America Director as soon as possible and, to the extent practicable, comply with the requirements set forth in this section. Nothing in this section shall be construed as displacing agencies’ authorities or responsibilities under law. Sec. 5. Accounting for Sources of Cost Advantage. To the extent permitted by law, before granting a waiver in the public interest, the relevant granting agency shall assess whether a significant portion of the cost advantage of a foreign-sourced product is the result of the use of dumped steel, iron, or manufactured goods or the use of injuriously subsidized steel, iron, or manufactured goods. The granting agency may consult with the International Trade Administration in making this assessment if the granting agency deems such consultation to be helpful. The granting agency shall integrate any findings from the assessment into its waiver determination as appropriate. Sec. 6. Promoting Transparency in Federal Procurement. (a) The Adminis- trator of General Services shall develop a public website that shall include VerDate Sep<11>2014 17:21 Jan 27, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\28JAE1.SGM 28JAE1 7477 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents information on all proposed waivers and whether those waivers have been granted. The website shall be designed to enable manufacturers and other interested parties to easily identify proposed waivers and whether those waivers have been granted. The website shall also provide publicly available contact information for each granting agency. (b) The Director of OMB, through the Made in America Director, shall promptly report to the Administrator of General Services all proposed waiv- ers, along with the associated descriptions and justifications discussed in section 4(b) of this order, and whether those waivers have been granted. Not later than 5 days after receiving this information, the Administrator of General Services shall, to the extent permitted by law and consistent with national security and executive branch confidentiality interests, make this information available to the public by posting it on the website estab- lished under this section. Sec. 7. Supplier Scouting. To the extent appropriate and consistent with applicable law, agencies shall partner with the Hollings Manufacturing Exten- sion Partnership (MEP), discussed in the Manufacturing Extension Partner- ship Improvement Act (title V of Public Law 114–329), to conduct supplier scouting in order to identify American companies, including small- and medium-sized companies, that are able to produce goods, products, and materials in the United States that meet Federal procurement needs. Sec. 8. Promoting Enforcement of the Buy American Act of 1933. (a) Within 180 days of the date of this order, the Federal Acquisition Regulatory Council (FAR Council) shall consider proposing for notice and public comment amendments to the applicable provisions in the Federal Acquisition Regula- tion (FAR), title 48, Code of Federal Regulations, consistent with applicable law, that would: (i) replace the ‘‘component test’’ in Part 25 of the FAR that is used to identify domestic end products and domestic construction materials with a test under which domestic content is measured by the value that is added to the product through U.S.-based production or U.S. job-sup- porting economic activity; (ii) increase the numerical threshold for domestic content requirements for end products and construction materials; and (iii) increase the price preferences for domestic end products and domestic construction materials. (b) The FAR Council shall consider and evaluate public comments on any regulations proposed pursuant to subsection (a) of this section and shall promptly issue a final rule, if appropriate and consistent with applicable law and the national security interests of the United States. Sec. 9. Updates to the List of Nonavailable Articles. Before the FAR Council proposes any amendment to the FAR to update the list of domestically nonavailable articles at section 25.104(a) of the FAR, the Director of OMB, through the Administrator of the Office of Federal Procurement Policy (OFPP), shall review the amendment in consultation with the Secretary of Commerce and the Made in America Director, paying particular attention to economic analyses of relevant markets and available market research, to determine whether there is a reasonable basis to conclude that the article, material, or supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. The Director of OMB, through the Administrator of OFPP, shall make these findings available to the FAR Council for consider- ation. Sec. 10. Report on Information Technology That Is a Commercial Item. The FAR Council shall promptly review existing constraints on the extension of the requirements in Made in America Laws to information technology that is a commercial item and shall develop recommendations for lifting these constraints to further promote the policy set forth in section 1 of this order, as appropriate and consistent with applicable law. VerDate Sep<11>2014 17:21 Jan 27, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\28JAE1.SGM 28JAE1 7478 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents Sec. 11. Report on Use of Made in America Laws. Within 180 days of the date of this order, the head of each agency shall submit to the Made in America Director a report on: (a) the agency’s implementation of, and compliance with, Made in America Laws; (b) the agency’s ongoing use of any longstanding or nationwide waivers of any Made in America Laws, with a written description of the consistency of such waivers with the policy set forth in section 1 of this order; and (c) recommendations for how to further effectuate the policy set forth in section 1 of this order. Sec. 12. Bi-Annual Report on Made in America Laws. Bi-annually following the initial submission described in section 11 of this order, the head of each agency shall submit to the Made in America Director a report on: (a) the agency’s ongoing implementation of, and compliance with, Made in America Laws; (b) the agency’s analysis of goods, products, materials, and services not subject to Made in America Laws or where requirements of the Made in America Laws have been waived; (c) the agency’s analysis of spending as a result of waivers issued pursuant to the Trade Agreements Act of 1979, as amended, 19 U.S.C. 2511, separated by country of origin; and (d) recommendations for how to further effectuate the policy set forth in section 1 of this order. Sec. 13. Ensuring Implementation of Administration Policy on Federal Gov- ernment Property. Within 180 days of the date of this order, the Administrator of General Services shall submit to the Made in America Director rec- ommendations for ensuring that products offered to the general public on Federal property are procured in accordance with the policy set forth in section 1 of this order. Sec. 14. Revocation of Certain Presidential and Regulatory Actions. (a) Execu- tive Order 13788 of April 18, 2017 (Buy American and Hire American), section 5 of Executive Order 13858 of January 31, 2019 (Strengthening Buy-American Preferences for Infrastructure Projects), and Executive Order 13975 of January 14, 2021 (Encouraging Buy American Policies for the United States Postal Service), are hereby revoked. (b) Executive Order 10582 of December 17, 1954 (Prescribing Uniform Procedures for Certain Determinations Under the Buy-America Act), and Executive Order 13881 of July 15, 2019 (Maximizing Use of American- Made Goods, Products, and Materials), are superseded to the extent that they are inconsistent with this order. Sec. 15. Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other persons or circumstances shall not be affected thereby. Sec. 16. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 17:21 Jan 27, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\28JAE1.SGM 28JAE1 7479 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents (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, January 25, 2021. [FR Doc. 2021–02038 Filed 1–27–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 17:21 Jan 27, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\28JAE1.SGM 28JAE1 BIDEN.EPS</GPH>

Ensuring the Future Is Made in All of America by All of America's Workers

2021-01-25T00:00:00

b344e1530135e8c2598ef18920299112a2362c4de3086abad41334cee3f7320d

Presidential Executive Order

2021-01924 (14003)

Presidential Documents 7231 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Presidential Documents Executive Order 14003 of January 22, 2021 Protecting the Federal Workforce By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Career civil servants are the backbone of the Federal workforce, providing the expertise and experience necessary for the critical functioning of the Federal Government. It is the policy of the United States to protect, empower, and rebuild the career Federal workforce. It is also the policy of the United States to encourage union organizing and collective bargaining. The Federal Government should serve as a model employer. Sec. 2. Revocation of Schedule F. (a) The creation of a new Schedule F excepted service category in Executive Order 13957 of October 21, 2020 (Creating Schedule F in the Excepted Service), not only was unnecessary to the conditions of good administration, but also undermined the founda- tions of the civil service and its merit system principles, which were essential to the Pendleton Civil Service Reform Act of 1883’s repudiation of the spoils system. Accordingly, to enhance the efficiency of the civil service and to promote good administration and systematic application of merit system principles, Executive Order 13957 is hereby revoked. (b) The heads of all executive departments and agencies (agencies) shall, consistent with law, immediately suspend, revise, or rescind proposed ac- tions, decisions, petitions, rules, regulations or other guidance pursuant to, or to effectuate, Executive Order 13957. The Director of the Office of Personnel Management (OPM) shall immediately cease processing or granting any petitions that seek to convert positions to Schedule F or to create new positions in Schedule F. Sec. 3. Revocation of Certain Presidential and Regulatory Actions. (a) Execu- tive Order 13836 of May 25, 2018 (Developing Efficient, Effective, and Cost- Reducing Approaches to Federal Sector Collective Bargaining), is hereby revoked. The Interagency Labor Relations Working Group is hereby disbanded and the Director of OPM shall withdraw all materials issued by this working group that are inconsistent with the policy set forth in section 1 of this order. (b) Executive Order 13837 of May 25, 2018 (Ensuring Transparency, Ac- countability, and Efficiency in Taxpayer-Funded Union Time Use), is hereby revoked. (c) Executive Order 13839 of May 25, 2018 (Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Prin- ciples), is hereby revoked. (d) The Presidential Memorandum of October 11, 2019 (Executive Orders 13836, 13837, and 13839), is hereby revoked. (e) The heads of agencies whose practices were covered by Executive Orders 13836, 13837, and 13839 (affected agencies) shall review and identify existing agency actions related to or arising from those orders. Such actions include: (i) Actions related to the authorization of union time described in sections 4(b) and 5(b) of Executive Order 13837; (ii) Actions related to the system for monitoring the use of union time described in section 5(c) of Executive Order 13837; VerDate Sep<11>2014 15:42 Jan 26, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\27JAE1.SGM 27JAE1 khammond on DSKJM1Z7X2PROD with PRESDOC3 7232 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Presidential Documents (iii) Guidance promulgated pursuant to section 7(d) of Executive Order 13837; (iv) Actions taken pursuant to section 8 of Executive Order 13837; (v) Revisions to discipline and unacceptable performance policies, includ- ing ones codified in bargaining agreements, issued pursuant to section 7(b) of Executive Order 13839; and (vii) The final rule entitled ‘‘Probation on Initial Appointment to a Competi- tive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse Actions,’’ 85 Fed. Reg. 65940 (October 16, 2020). (f) The heads of affected agencies shall, as soon as practicable, suspend, revise, or rescind, or publish for notice and comment proposed rules sus- pending, revising, or rescinding, the actions identified in the review described in subsection (e) of this section, as appropriate and consistent with applicable law and the policy set forth in section 1 of this order. Sec. 4. Ensuring the Right to Engage in Collective Bargaining. The head of each agency subject to the provisions of chapter 71 of title 5, United States Code, shall elect to negotiate over the subjects set forth in 5 U.S.C. 7106(b)(1) and shall instruct subordinate officials to do the same. Sec. 5. Progress Toward a Living Wage for Federal Employees. The Director of OPM shall provide a report to the President with recommendations to promote a $15/hour minimum wage for Federal employees. Sec. 6. Severability. If any provision of this order, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of such provision to other persons or circumstances shall not be affected thereby. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:42 Jan 26, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\27JAE1.SGM 27JAE1 khammond on DSKJM1Z7X2PROD with PRESDOC3 7233 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Presidential Documents (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, January 22, 2021. [FR Doc. 2021–01924 Filed 1–26–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:42 Jan 26, 2021 Jkt 253250 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\27JAE1.SGM 27JAE1 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC3

Protecting the Federal Workforce

2021-01-22T00:00:00

a74d51da3070eb0ea840e59ca849f1153b47788bc7b5768babe3670dc6a8fb08

Presidential Executive Order

2021-01923 (14002)

Presidential Documents 7229 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Presidential Documents Executive Order 14002 of January 22, 2021 Economic Relief Related to the COVID–19 Pandemic By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Background. The pandemic caused by the coronavirus disease 2019 (COVID–19) has led to an economic crisis marked by the closure of small businesses, job loss, food and housing insecurity, and increased challenges for working families balancing jobs and caregiving responsibilities. The current economic crisis has affected Americans throughout the Nation, but it is particularly dire in communities of color. The problems are exacer- bated because State and local governments are being forced to consider steep cuts to critical programs to address revenue shortfalls the pandemic has caused. In addition, many individuals, families, and small businesses have had difficulties navigating relief programs with varying eligibility re- quirements, and some are not receiving the intended assistance. The eco- nomic crisis resulting from the pandemic must be met by the full resources of the Federal Government. Sec. 2. Providing Relief to Individuals, Families, and Small Businesses; and to State, Local, Tribal, and Territorial Governments. (a) All executive departments and agencies (agencies) shall promptly identify actions they can take within existing authorities to address the current economic crisis resulting from the pandemic. Agencies should specifically consider actions that facilitate better use of data and other means to improve access to, reduce unnecessary barriers to, and improve coordination among programs funded in whole or in part by the Federal Government. (b) Agencies should take the actions identified in subsection (a) of this section, as appropriate and consistent with applicable law, and in doing so should prioritize actions that provide the greatest relief to individuals, families, and small businesses; and to State, local, Tribal, and territorial governments. (c) Independent agencies, as enumerated in 44 U.S.C. 3502(5), are strongly encouraged to comply with this section. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:41 Jan 26, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\27JAE0.SGM 27JAE0 khammond on DSKJM1Z7X2PROD with PRESDOC2 7230 Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Presidential Documents (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, January 22, 2021. [FR Doc. 2021–01923 Filed 1–26–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:41 Jan 26, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\27JAE0.SGM 27JAE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC2

Economic Relief Related to the COVID-19 Pandemic

2021-01-22T00:00:00

b11aa3cb95f49ff6be1b5708c0e6abef87bddd3395288f06458f8b3645a2f061

Presidential Executive Order

2021-01852 (13995)

Presidential Documents 7193 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents Executive Order 13995 of January 21, 2021 Ensuring an Equitable Pandemic Response and Recovery By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to address the dispropor- tionate and severe impact of coronavirus disease 2019 (COVID–19) on com- munities of color and other underserved populations, it is hereby ordered as follows: Section 1. Purpose. The COVID–19 pandemic has exposed and exacerbated severe and pervasive health and social inequities in America. For instance, people of color experience systemic and structural racism in many facets of our society and are more likely to become sick and die from COVID– 19. The lack of complete data, disaggregated by race and ethnicity, on COVID–19 infection, hospitalization, and mortality rates, as well as under- lying health and social vulnerabilities, has further hampered efforts to ensure an equitable pandemic response. Other communities, often obscured in the data, are also disproportionately affected by COVID–19, including sexual and gender minority groups, those living with disabilities, and those living at the margins of our economy. Observed inequities in rural and Tribal communities, territories, and other geographically isolated communities re- quire a place-based approach to data collection and the response. Despite increased State and local efforts to address these inequities, COVID–19’s disparate impact on communities of color and other underserved populations remains unrelenting. Addressing this devastating toll is both a moral imperative and pragmatic policy. It is impossible to change the course of the pandemic without tackling it in the hardest-hit communities. In order to identify and eliminate health and social inequities resulting in disproportionately higher rates of exposure, illness, and death, I am directing a Government-wide effort to address health equity. The Federal Government must take swift action to prevent and remedy differences in COVID–19 care and outcomes within communities of color and other underserved populations. Sec. 2. COVID–19 Health Equity Task Force. There is established within the Department of Health and Human Services (HHS) a COVID–19 Health Equity Task Force (Task Force). (a) Membership. The Task Force shall consist of the Secretary of HHS; an individual designated by the Secretary of HHS to Chair the Task Force (COVID–19 Health Equity Task Force Chair); the heads of such other execu- tive departments, agencies, or offices (agencies) as the Chair may invite; and up to 20 members from sectors outside of the Federal Government appointed by the President. (i) Federal members may designate, to perform the Task Force functions of the member, a senior-level official who is a part of the member’s agency and a full-time officer or employee of the Federal Government. (ii) Nonfederal members shall include individuals with expertise and lived experience relevant to groups suffering disproportionate rates of illness and death in the United States; individuals with expertise and lived experience relevant to equity in public health, health care, education, housing, and community-based services; and any other individuals with expertise the President deems relevant. Appointments shall be made with- out regard to political affiliation and shall reflect a diverse set of perspec- tives. VerDate Sep<11>2014 22:00 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE1.SGM 26JAE1 7194 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (iii) Members of the Task Force shall serve without compensation for their work on the Task Force, but members shall be allowed travel ex- penses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707). (iv) At the direction of the Chair, the Task Force may establish subgroups consisting exclusively of Task Force members or their designees under this section, as appropriate. (b) Mission and Work. (i) Consistent with applicable law and as soon as practicable, the Task Force shall provide specific recommendations to the President, through the Coordinator of the COVID–19 Response and Counselor to the President (COVID–19 Response Coordinator), for mitigating the health inequities caused or exacerbated by the COVID–19 pandemic and for preventing such inequities in the future. The recommendations shall include: (A) recommendations for how agencies and State, local, Tribal, and territorial officials can best allocate COVID–19 resources, in light of dis- proportionately high rates of COVID–19 infection, hospitalization, and mortality in certain communities and disparities in COVID–19 outcomes by race, ethnicity, and other factors, to the extent permitted by law; (B) recommendations for agencies with responsibility for disbursing COVID–19 relief funding regarding how to disburse funds in a manner that advances equity; and (C) recommendations for agencies regarding effective, culturally aligned communication, messaging, and outreach to communities of color and other underserved populations. (ii) The Task Force shall submit a final report to the COVID–19 Response Coordinator addressing any ongoing health inequities faced by COVID– 19 survivors that may merit a public health response, describing the factors that contributed to disparities in COVID–19 outcomes, and recom- mending actions to combat such disparities in future pandemic responses. (c) Data Collection. To address the data shortfalls identified in section 1 of this order, and consistent with applicable law, the Task Force shall: (i) collaborate with the heads of relevant agencies, consistent with the Executive Order entitled ‘‘Ensuring a Data-Driven Response to COVID– 19 and Future High-Consequence Public Health Threats,’’ to develop rec- ommendations for expediting data collection for communities of color and other underserved populations and identifying data sources, proxies, or indices that would enable development of short-term targets for pan- demic-related actions for such communities and populations; (ii) develop, in collaboration with the heads of relevant agencies, a set of longer-term recommendations to address these data shortfalls and other foundational data challenges, including those relating to data intersectionality, that must be tackled in order to better prepare and re- spond to future pandemics; and (iii) submit the recommendations described in this subsection to the Presi- dent, through the COVID–19 Response Coordinator. (d) External Engagement. Consistent with the objectives set out in this order and with applicable law, the Task Force may seek the views of health professionals; policy experts; State, local, Tribal, and territorial health officials; faith-based leaders; businesses; health providers; community organi- zations; those with lived experience with homelessness, incarceration, dis- crimination, and other relevant issues; and other stakeholders. (e) Administration. Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the Task Force, any functions of the President under the Act, except for those in section 6 of the Act, shall be performed by the Secretary of HHS in accordance with the guidelines that have been issued by the Administrator of General Services. HHS shall VerDate Sep<11>2014 22:00 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE1.SGM 26JAE1 7195 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents provide funding and administrative support for the Task Force to the extent permitted by law and within existing appropriations. The Chair shall convene regular meetings of the Task Force, determine its agenda, and direct its work. The Chair shall designate an Executive Director of the Task Force, who shall coordinate the work of the Task Force and head any staff assigned to the Task Force. (f) Termination. Unless extended by the President, the Task Force shall terminate within 30 days of accomplishing the objectives set forth in this order, including the delivery of the report and recommendations specified in this section, or 2 years from the date of this order, whichever comes first. Sec. 3. Ensuring an Equitable Pandemic Response. To address the inequities identified in section 1 of this order, it is hereby directed that: (a) The Secretary of Agriculture, the Secretary of Labor, the Secretary of HHS, the Secretary of Housing and Urban Development, the Secretary of Education, the Administrator of the Environmental Protection Agency, and the heads of all other agencies with authorities or responsibilities relating to the pandemic response and recovery shall, as appropriate and consistent with applicable law: (i) consult with the Task Force to strengthen equity data collection, report- ing, and use related to COVID–19; (ii) assess pandemic response plans and policies to determine whether personal protective equipment, tests, vaccines, therapeutics, and other resources have been or will be allocated equitably, including by consid- ering: (A) the disproportionately high rates of COVID–19 infection, hospitaliza- tion, and mortality in certain communities; and (B) any barriers that have restricted access to preventive measures, treat- ment, and other health services for high-risk populations; (iii) based on the assessments described in subsection (a)(ii) of this section, modify pandemic response plans and policies to advance equity, with consideration to: (A) the effect of proposed policy changes on the distribution of resources to, and access to health care by, communities of color and other under- served populations; (B) the effect of proposed policy changes on agencies’ ability to collect, analyze, and report data necessary to monitor and evaluate the impact of pandemic response plans and policies on communities of color and other underserved populations; and (C) policy priorities expressed by communities that have suffered dis- proportionate rates of illness and death as a result of the pandemic; (iv) strengthen enforcement of anti-discrimination requirements pertaining to the availability of, and access to, COVID–19 care and treatment; and (v) partner with States, localities, Tribes, and territories to explore mecha- nisms to provide greater assistance to individuals and families experiencing disproportionate economic or health effects from COVID–19, such as by expanding access to food, housing, child care, or income support. (b) The Secretary of HHS shall: (i) provide recommendations to State, local, Tribal, and territorial leaders on how to facilitate the placement of contact tracers and other workers in communities that have been hardest hit by the pandemic, recruit such workers from those communities, and connect such workers to existing health workforce training programs and other career advancement pro- grams; and VerDate Sep<11>2014 22:00 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE1.SGM 26JAE1 7196 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (ii) conduct an outreach campaign to promote vaccine trust and uptake among communities of color and other underserved populations with high- er levels of vaccine mistrust due to discriminatory medical treatment and research, and engage with leaders within those communities. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, January 21, 2021. [FR Doc. 2021–01852 Filed 1–25–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 22:00 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE1.SGM 26JAE1 BIDEN.EPS</GPH>

Ensuring an Equitable Pandemic Response and Recovery

2021-01-21T00:00:00

620c224b3e8c4b92acf50034897d15ff310c67302ec6a3c39ba248aaf9075025

Presidential Executive Order

2021-01849 (13994)

Presidential Documents 7189 Federal Register Vol. 86, No. 15 Tuesday, January 26, 2021 Title 3— The President Executive Order 13994 of January 21, 2021 Ensuring a Data-Driven Response to COVID–19 and Future High-Consequence Public Health Threats By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of my Administration to respond to the coronavirus disease 2019 (COVID–19) pandemic through effective approaches guided by the best available science and data, including by building back a better public health infrastructure. This stronger public health infrastructure must help the Nation effectively prevent, detect, and respond to future biological threats, both domestically and internationally. Consistent with this policy, the heads of all executive departments and agencies (agencies) shall facilitate the gathering, sharing, and publication of COVID–19-related data, in coordination with the Coordinator of the COVID–19 Response and Counselor to the President (COVID–19 Response Coordinator), to the extent permitted by law, and with appropriate protections for confidentiality, privacy, law enforcement, and national security. These efforts shall assist Federal, State, local, Tribal, and territorial authorities in developing and implementing policies to facilitate informed community decision-making, to further public understanding of the pandemic and the response, and to deter the spread of misinformation and disinformation. Sec. 2. Enhancing Data Collection and Collaboration Capabilities for High- Consequence Public Health Threats, Such as the COVID–19 Pandemic. (a) The Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health and Human Services (HHS), the Secretary of Education, the Director of the Office of Management and Budget (OMB), the Director of National Intelligence, the Director of the Office of Science and Technology Policy (OSTP), and the Director of the National Science Foundation shall each promptly designate a senior official to serve as their agency’s lead to work on COVID–19- and pandemic-related data issues. This official, in consultation with the COVID–19 Response Coor- dinator, shall take steps to make data relevant to high-consequence public health threats, such as the COVID–19 pandemic, publicly available and accessible. (b) The COVID–19 Response Coordinator shall, as necessary, convene appropriate representatives from relevant agencies to coordinate the agencies’ collection, provision, and analysis of data, including key equity indicators, regarding the COVID–19 response, as well as their sharing of such data with State, local, Tribal, and territorial authorities. (c) The Director of OMB, in consultation with the Director of OSTP, the United States Chief Technology Officer, and the COVID–19 Response Coordinator, shall promptly review the Federal Government’s existing ap- proaches to open data, and shall issue supplemental guidance, as appropriate and consistent with applicable law, concerning how to de-identify COVID– 19-related data; how to make data open to the public in human- and machine- readable formats as rapidly as possible; and any other topic the Director of OMB concludes would appropriately advance the policy of this order. Any guidance shall include appropriate protections for the information de- scribed in section 5 of this order. (d) The Director of the Office of Personnel Management, in consultation with the Director of OMB, shall promptly: VerDate Sep<11>2014 19:44 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE0.SGM 26JAE0 7190 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (i) review the ability of agencies to hire personnel expeditiously into roles related to information technology and the collection, provision, anal- ysis, or other use of data to address high-consequence public health threats, such as the COVID–19 pandemic; and (ii) take action, as appropriate and consistent with applicable law, to support agencies in such efforts. Sec. 3. Public Health Data Systems. The Secretary of HHS, in consultation with the COVID–19 Response Coordinator and the heads of relevant agencies, shall promptly: (a) review the effectiveness, interoperability, and connectivity of public health data systems supporting the detection of and response to high-con- sequence public health threats, such as the COVID–19 pandemic; (b) review the collection of morbidity and mortality data by State, local, Tribal, and territorial governments during high-consequence public health threats, such as the COVID–19 pandemic; and (c) issue a report summarizing the findings of the reviews detailed in subsections (a) and (b) of this section and any recommendations for address- ing areas for improvement identified in the reviews. Sec. 4. Advancing Innovation in Public Health Data and Analytics. The Director of OSTP, in coordination with the National Science and Technology Council, as appropriate, shall develop a plan for advancing innovation in public health data and analytics in the United States. Sec. 5. Privileged Information. Nothing in this order shall compel or authorize the disclosure of privileged information, law-enforcement information, na- tional-security information, personal information, or information the disclo- sure of which is prohibited by law. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 19:44 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE0.SGM 26JAE0 7191 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (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, January 21, 2021. [FR Doc. 2021–01849 Filed 1–25–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 19:44 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE0.SGM 26JAE0 BIDEN.EPS</GPH>

Ensuring a Data-Driven Response to COVID-19 and Future High-Consequence Public Health Threats

2021-01-21T00:00:00

2e62a274a38179a23df93b59053104775550dc5ba23e933c0ba76c3b646dd239

Presidential Executive Order

2021-01858 (13997)

Presidential Documents 7201 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents Executive Order 13997 of January 21, 2021 Improving and Expanding Access to Care and Treatments for COVID–19 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of my Administration to improve the capacity of the Nation’s healthcare systems to address coronavirus disease 2019 (COVID–19), to accelerate the development of novel therapies to treat COVID–19, and to improve all Americans’ access to quality and affordable healthcare. Sec. 2. Accelerating the Development of Novel Therapies. To enhance the Nation’s ability to quickly develop the most promising COVID–19 interven- tions, the Secretary of Health and Human Services (HHS), in consultation with the Director of the National Institutes of Health, shall: (a) develop a plan for supporting a range of studies, including large- scale randomized trials, for identifying optimal clinical management strate- gies, and for supporting the most promising treatments for COVID–19 and future high-consequence public health threats, that can be easily manufac- tured, distributed, and administered, both domestically and internationally; (b) develop a plan, in consultation with non-governmental partners, as appropriate, to support research: (i) in rural hospitals and other rural locations; and (ii) that studies the emerging evidence concerning the long-term impact of COVID–19 on patient health; and (c) consider steps to ensure that clinical trials include populations that have been historically underrepresented in such trials. Sec. 3. Improving the Capacity of the Nation’s Healthcare Systems to Address COVID–19. To bolster the capacity of the Nation’s healthcare systems to support healthcare workers and patients: (a) The Secretary of Defense, the Secretary of HHS, the Secretary of Veterans Affairs, and the heads of other relevant executive departments and agencies (agencies), in coordination with the Coordinator of the COVID–19 Response and Counselor to the President (COVID–19 Response Coordinator), shall promptly, as appropriate and consistent with applicable law, provide targeted surge assistance to critical care and long-term care facilities, including nursing homes and skilled nursing facilities, assisted living facilities, intermediate care facilities for individuals with disabilities, and residential treatment centers, in their efforts to combat the spread of COVID–19. (b) The COVID–19 Response Coordinator, in coordination with the Sec- retary of Defense, the Secretary of HHS, the Secretary of Veterans Affairs, and the heads of other relevant agencies, shall review the needs of Federal facilities providing care to COVID–19 patients and develop recommendations for further actions such facilities can take to support active military per- sonnel, veterans, and Tribal nations during this crisis. (c) The Secretary of HHS shall promptly: (i) issue recommendations on how States and healthcare providers can increase the capacity of their healthcare workforces to address the COVID– 19 pandemic; and VerDate Sep<11>2014 19:55 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE3.SGM 26JAE3 7202 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (ii) through the Administrator of the Health Resources and Services Admin- istration and the Administrator of the Substance Abuse and Mental Health Services Administration, take appropriate actions, as consistent with appli- cable law, to expand access to programs and services designed to meet the long-term health needs of patients recovering from COVID–19, includ- ing through technical assistance and support to community health centers. Sec. 4. Improving Access to Quality and Affordable Healthcare. (a) To facili- tate the equitable and effective distribution of therapeutics and bolster clinical care capacity where needed to support patient care, the Secretary of Defense, the Secretary of HHS, and the Secretary of Veterans Affairs, in coordination with the COVID–19 Response Coordinator, shall establish targets for the production, allocation, and distribution of COVID–19 treatments. To meet those targets, the Secretary of Defense, the Secretary of HHS, and the Sec- retary of Veterans Affairs shall consider prioritizing, including through grants for research and development, investments in therapeutics that can be readily administered and scaled. (b) To facilitate the utilization of existing COVID–19 treatments, the Sec- retary of HHS shall identify barriers to maximizing the effective and equitable use of existing COVID–19 treatments and shall, as appropriate and consistent with applicable law, provide support to State, local, Tribal, and territorial authorities aimed at overcoming those barriers. (c) To address the affordability of treatments and clinical care, the Secretary of HHS shall, promptly and as appropriate and consistent with applicable law: (i) evaluate the COVID–19 Uninsured Program, operated by the Health Resources and Services Administration within HHS, and take any available steps to promote access to treatments and clinical care for those without adequate coverage, to support safety-net providers in delivering such treat- ments and clinical care, and to make the Program easy to use and accessible for patients and providers, with information about the Program widely disseminated; and (ii) evaluate Medicare, Medicaid, group health plans, and health insurance issuers, and take any available steps to promote insurance coverage for safe and effective COVID–19 treatments and clinical care. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 19:55 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE3.SGM 26JAE3 7203 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (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, January 21, 2021. [FR Doc. 2021–01858 Filed 1–25–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 19:55 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE3.SGM 26JAE3 BIDEN.EPS</GPH>

Improving and Expanding Access to Care and Treatments for COVID-19

2021-01-21T00:00:00

e222ffa074c0f944dc5a6fc0a1dd7799d264bf42dcf10f2b0c95102f56205287

Presidential Executive Order

2021-01854 (13996)

Presidential Documents 7197 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents Executive Order 13996 of January 21, 2021 Establishing the COVID–19 Pandemic Testing Board and En- suring a Sustainable Public Health Workforce for COVID–19 and Other Biological Threats By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Policy. It is the policy of my Administration to control coronavirus disease 2019 (COVID–19) by using a Government-wide, unified approach that includes: establishing a national COVID–19 testing and public health workforce strategy; working to expand the supply of tests; working to bring test manufacturing to the United States, where possible; working to enhance laboratory testing capacity; working to expand the public health workforce; supporting screening testing for schools and priority populations; and ensur- ing a clarity of messaging about the use of tests and insurance coverage. Sec. 2. COVID–19 Pandemic Testing Board. (a) Establishment and Membership. There is established a COVID–19 Pan- demic Testing Board (Testing Board), chaired by the Coordinator of the COVID–19 Response and Counselor to the President (COVID–19 Response Coordinator) or his designee. The Testing Board shall include representatives from executive departments and agencies (agencies) that are designated by the President. The heads of agencies so designated shall designate officials from their respective agencies to represent them on the Testing Board. (b) Mission and Functions. To support the implementation and oversight of the policy laid out in section 1 of this order, the Testing Board shall: (i) coordinate Federal Government efforts to promote COVID–19 diagnostic, screening, and surveillance testing; (ii) make recommendations to the President with respect to prioritizing the Federal Government’s assistance to State, local, Tribal, and territorial authorities, in order to expand testing and reduce disparities in access to testing; (iii) identify barriers to access and use of testing in, and coordinate Federal Government efforts to increase testing for: (A) priority populations, including healthcare workers and other essential workers; (B) communities with major shortages in testing availability and use; (C) at-risk settings, including long-term care facilities, correctional facili- ties, immigration custodial settings, detention facilities, schools, child care settings, and food processing and manufacturing facilities; and (D) high-risk groups, including people experiencing homelessness, mi- grants, and seasonal workers; (iv) identify methods to expand State, local, Tribal, and territorial capacity to conduct testing, contact tracing, and isolation and quarantine, in order for schools, businesses, and travel to be conducted safely; (v) provide guidance on how to enhance the clarity, consistency, and transparency of Federal Government communication with the public about the goals and purposes of testing; VerDate Sep<11>2014 19:53 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE2.SGM 26JAE2 7198 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (vi) identify options for the Federal Government to maximize testing capac- ity of commercial labs and academic labs; and (vii) propose short- and long-term reforms for the Federal Government to: increase State, local, Tribal, and territorial capacity to conduct testing; expand genomic sequencing; and improve the effectiveness and speed of the Federal Government’s response to future pandemics and other bio- logical emergencies. (d) The Chair of the Testing Board shall coordinate with the Secretary of Health and Human Services (HHS) and the heads of other relevant agencies or their designees, as necessary, to ensure that the Testing Board’s work is coordinated with the Public Health Emergency Countermeasures Enterprise within HHS. Sec. 3. Actions to Address the Cost of COVID–19 Testing. (a) The Secretary of the Treasury, the Secretary of HHS, and the Secretary of Labor, in coordina- tion with the COVID–19 Response Coordinator, shall promptly, and as appro- priate and consistent with applicable law: (i) facilitate the provision of COVID–19 testing free of charge to those who lack comprehensive health insurance; and (ii) clarify group health plans’ and health insurance issuers’ obligations to provide coverage for COVID–19 testing. (b) The Secretary of HHS, the Secretary of Education, and the Secretary of Homeland Security, through the Administrator of the Federal Emergency Management Agency (FEMA), in coordination with the COVID–19 Response Coordinator, shall promptly, and as appropriate and consistent with applica- ble law: (i) provide support for surveillance tests for settings such as schools; and (ii) expand equitable access to COVID–19 testing. Sec. 4. Establishing a Public Health Workforce Program. (a) The Secretary of HHS and the Secretary of Labor shall promptly consult with State, local, Tribal, and territorial leaders to understand the challenges they face in pandemic response efforts, including challenges recruiting and training suffi- cient personnel to ensure adequate and equitable community-based testing, and testing in schools and high-risk settings. (b) The Secretary of HHS shall, as appropriate and consistent with applica- ble law, as soon as practicable: (i) provide technical support to State, local, Tribal, and territorial public health agencies with respect to testing and contact-tracing efforts; and (ii) assist such authorities in the training of public health workers. This may include technical assistance to non-Federal public health workforces in connection with testing, contact tracing, and mass vaccinations, as well as other urgent public health workforce needs, such as combating opioid use. (c) The Secretary of HHS shall submit to the President, through the COVID– 19 Response Coordinator, the Assistant to the President for Domestic Policy (APDP), and the Assistant to the President for National Security Affairs (APNSA), a plan detailing: (i) how the Secretary of HHS would deploy personnel in response to future high-consequence public health threats; and (ii) five-year targets and budget requirements for achieving a sustainable public health workforce, as well as options for expanding HHS capacity, such as by expanding the U.S. Public Health Service Commissioned Corps and Epidemic Intelligence Service, so that the Department can better re- spond to future pandemics and other biological threats. (d) The Secretary of HHS, the Secretary of Homeland Security, the Secretary of Labor, the Secretary of Education, and the Chief Executive Officer of the Corporation for National and Community Service, in coordination with the COVID–19 Response Coordinator, the APDP, and the APNSA, shall VerDate Sep<11>2014 19:53 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE2.SGM 26JAE2 7199 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents submit a plan to the President for establishing a national contact tracing and COVID–19 public health workforce program, to be known as the U.S. Public Health Job Corps, which shall be modeled on or developed as a component of the FEMA Corps program. Such plan shall include means by which the U.S. Public Health Job Corps can be part of the National Civilian Community Corps program, as well as recommendations about whether it would be appropriate for the U.S. Public Health Job Corps to immediately assign personnel from any of the agencies involved in the creation of the plan, including existing AmeriCorps members, to join or aid the U.S. Public Health Job Corps. The U.S. Public Health Job Corps will: (i) conduct and train individuals in contact tracing related to the COVID– 19 pandemic; (ii) assist in outreach for vaccination efforts, including by administering vaccination clinics; (iii) assist with training programs for State, local, Tribal, and territorial governments to provide testing, including in schools; and (iv) provide other necessary services to Americans affected by the COVID– 19 pandemic. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, January 21, 2021. [FR Doc. 2021–01854 Filed 1–25–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 19:53 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE2.SGM 26JAE2 BIDEN.EPS</GPH>

Establishing the COVID-19 Pandemic Testing Board and Ensuring a Sustainable Public Health Workforce for COVID-19 and Other Biological Threats

2021-01-21T00:00:00

ca8365da2be8c23c2741c1d167297a84cd027d0878b9b98f72f011c3cf972afa

Presidential Executive Order

2021-11792 (14031)

Presidential Documents 29675 Federal Register Vol. 86, No. 105 Thursday, June 3, 2021 Title 3— The President Executive Order 14031 of May 28, 2021 Advancing Equity, Justice, and Opportunity for Asian Ameri- cans, Native Hawaiians, and Pacific Islanders By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Asian American, Native Hawaiian, and Pacific Islander (AA and NHPI) individuals and communities are irrefutable sources of our Nation’s strength. These communities have molded the American experience, and the achievements of AA and NHPI communities make the United States stronger and more vibrant. The richness of America’s multicultural democ- racy is strengthened by the diversity of AA and NHPI communities and the many cultures and languages of AA and NHPI individuals in the United States. Asian American, Native Hawaiian, and Pacific Islander communities together constitute the fastest growing ethnic group in the United States and make rich contributions to our society, our economy, and our culture. Yet for far too long, systemic barriers to equity, justice, and opportunity put the American dream out of reach of many AA and NHPI communities. Many AA and NHPI individuals face persistent disparities in socioeconomic, health, and educational outcomes. Linguistic isolation and lack of access to language- assistance services continue to lock many AA and NHPI individuals out of opportunity. Too often Federal data collection practices fail to measure, reflect, and disaggregate the diversity of AA and NHPI experiences. These practices contribute to often painful and enduring stereotypes about Asian Americans as a ‘‘model minority’’ and obscure disparities within AA and NHPI communities. Our Nation has also seen again that anti-Asian bias, xenophobia, racism, and nativism have deep roots in our Nation. Tragic acts of anti-Asian violence have increased during the COVID–19 pandemic, casting a shadow of fear and grief over many AA and NHPI communities, in particular East Asian communities. Long before this pandemic, AA and NHPI communities in the United States—including South Asian and Southeast Asian commu- nities—have faced persistent xenophobia, religious discrimination, racism, and violence. The Federal Government must provide the moral leadership, policies, and programs to address and end anti-Asian violence and discrimi- nation, and advance inclusion and belonging for all AA and NHPI commu- nities. At the same time, many AA and NHPI communities, and in particular Native Hawaiian and Pacific Islander communities, have also been dispropor- tionately burdened by the COVID–19 public health crisis. Evidence suggests that Native Hawaiians and Pacific Islanders are three times more likely to contract COVID–19 compared to white people and nearly twice as likely to die from the disease. On top of these health inequities, many AA and NHPI families and small businesses have faced devastating economic losses during this crisis, which must be addressed. As I directed in Executive Order 13985 of January 20, 2021 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government), the entire Federal Government must advance equity and racial justice for underserved communities, which include AA and NHPI commu- nities. As I established in the Presidential Memorandum of January 26, 2021 (Condemning and Combating Racism, Xenophobia, and Intolerance VerDate Sep<11>2014 15:49 Jun 02, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\03JNE0.SGM 03JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC 29676 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Presidential Documents Against Asian Americans and Pacific Islanders in the United States), it is the policy of my Administration to address and confront racism, xeno- phobia, and intolerance. The purpose of this order is to build on those policies by establishing the President’s Advisory Commission on Asian Amer- icans, Native Hawaiians, and Pacific Islanders and the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders. Both will work to advance equity, justice, and opportunity for AA and NHPI commu- nities in the United States. Sec. 2. President’s Advisory Commission on Asian Americans, Native Hawai- ians, and Pacific Islanders. (a) There is established in the Department of Health and Human Services the President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders (Commission). (b) The Commission shall be led by two Co-Chairs, one of whom shall be the Secretary of Health and Human Services, the other of whom shall be the head of an executive department or agency (agency) designated by the President. The Commission shall provide advice to the President, in close coordination with the Deputy Assistant to the President and Asian American, Native Hawaiian, and Pacific Islander Senior Liaison, on: (i) the development, monitoring, and coordination of executive branch efforts to advance equity, justice, and opportunity for AA and NHPI com- munities in the United States, including efforts to close gaps in health, socioeconomic, employment, and educational outcomes; (ii) policies to address and end anti-Asian bias, xenophobia, racism, and nativism, and opportunities for the executive branch to advance inclusion, belonging, and public awareness of the diversity and accomplishments of AA and NHPI people, cultures, and histories; (iii) policies, programs, and initiatives to prevent, report, respond to, and track anti-Asian hate crimes and hate incidents; (iv) ways in which the Federal Government can build on the capacity and contributions of AA and NHPI communities through equitable Federal funding, grantmaking, and employment opportunities; (v) policies and practices to improve research and equitable data disaggregation regarding AA and NHPI communities; (vi) policies and practices to improve language access services to ensure AA and NHPI communities can access Federal programs and services; and (vii) strategies to increase public- and private-sector collaboration, and community involvement in improving the safety and socioeconomic, health, educational, occupational, and environmental well-being of AA and NHPI communities. (c) The Commission shall consist of 25 members appointed by the Presi- dent. The Commission shall include members who: (i) have a history of advancing equity, justice, and opportunity for AA and NHPI communities; (ii) represent diverse sectors, including education, commerce, business, health, human services, housing, the environment, the arts, agriculture, labor and employment, transportation, justice, veterans affairs, economic and community development, immigration, law, and national security; (iii) are from organizations or associations representing one or more of the diverse AA and NHPI communities; (iv) have personal or professional experience addressing intersectional barriers faced by AA and NHPI communities, such as discrimination or lack of access to opportunity based on country of origin, immigration status, disability, age, or sex, including based on sexual orientation and gender identity; or (v) have such other experience as the President deems appropriate. VerDate Sep<11>2014 15:49 Jun 02, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\03JNE0.SGM 03JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC 29677 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Presidential Documents (d) The Secretary of Health and Human Services shall designate an Execu- tive Director of the Commission (Executive Director). The Executive Director shall report to the Secretary of Health and Human Services, in coordination with the other Co-Chair of the Commission and the Deputy Assistant to the President and Asian American, Native Hawaiian, and Pacific Islander Senior Liaison. (i) The Department of Health and Human Services shall provide funding and administrative support for the Commission to the extent permitted by law and within existing appropriations, and may, as necessary and appropriate under section 1535 of title 31, United States Code, enter into one or more agreements to obtain goods or services from one or more agencies in support of the Commission. (ii) The heads of other agencies shall assist and provide information to the Commission, consistent with applicable law, as may be necessary to carry out its functions. Each agency shall bear its own expenses of assisting the Commission. (iii) Members of the Commission shall serve without compensation, but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707). Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the ‘‘Act’’), may apply to the administra- tion of the Commission, any functions of the President under the Act, except that of reporting to the Congress, shall be performed by the Secretary of Health and Human Services, in accordance with the guidelines issued by the Administrator of General Services. (e) The Commission shall terminate 2 years from the date of this order, unless sooner renewed by the President. Sec. 3. White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders. (a) There is established the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (Initiative), a Fed- eral interagency working group. The Initiative shall be led by two Co- Chairs, one of whom shall be the Secretary of Health and Human Services, the other of whom shall be the head of an agency designated by the President. The Executive Director of the Commission established in section 2(d) of this order shall also serve as the Executive Director of the Initiative, reporting to the Secretary of Health and Human Services, in coordination with the other Co-Chair of the Initiative and the Deputy Assistant to the President and Asian American, Native Hawaiian, and Pacific Islander Senior Liaison. (b) The Initiative shall advance equity, justice, and opportunity for AA and NHPI communities by coordinating Federal interagency policymaking and program development efforts to eliminate barriers to equity, justice, and opportunity faced by AA and NHPI communities, including by advancing policies, programs, and initiatives. In developing and implementing such policies, programs, and initiatives, the Co-Chairs of the Initiative and the Executive Director shall coordinate closely with the Deputy Assistant to the President and Asian American, Native Hawaiian, and Pacific Islander Senior Liaison. To support implementation of a whole-of-government ap- proach to equity and racial justice, as established in Executive Order 13985, the Assistant to the President for Domestic Policy and the Director of the Office of Management and Budget shall coordinate closely with the Co- Chairs of the Initiative and the Executive Director to ensure that the needs and voices of AA and NHPI communities are considered in the efforts of my Administration to advance equity and civil rights. In particular, the Initiative shall advance efforts to: (i) identify and eliminate any existing institutional policies or barriers within Federal programs and services that may disadvantage or burden AA and NHPI communities; (ii) improve safety, access to justice, and violence prevention for AA and NHPI communities, including by preventing, reporting, addressing, VerDate Sep<11>2014 15:49 Jun 02, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03JNE0.SGM 03JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC 29678 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Presidential Documents and better tracking acts of hate and bias (such as acts of hate and bias at the intersection of gender-based violence); (iii) promote inclusion and belonging for AA and NHPI communities, including by expanding public education and knowledge of AA and NHPI people and their diverse cultures, languages, and histories; (iv) expand the collection and use of disaggregated data at the Federal, State and local level on AA and NHPI communities, and facilitate improved research on policy and program outcomes for AA and NHPI communities, in coordination with the Interagency Working Group on Equitable Data established by Executive Order 13985; (v) end language access and other barriers faced by AA and NHPI commu- nities in accessing government benefits and services; (vi) improve health outcomes, eliminate health disparities, and expand access to quality, affordable, and culturally competent medical and mental healthcare services for AA and NHPI individuals and communities; (vii) end disparities in educational outcomes for AA and NHPI youth and students of all ages, and address barriers to learning, including bul- lying, harassment, and other forms of discrimination at school; (viii) address the concentration of poverty facing many AA and NHPI communities, including by identifying and addressing disparities in access to safe, affordable housing and homeownership; (ix) expand economic opportunity for AA and NHPI families, including by advancing opportunities for AA and NHPI entrepreneurs and small businesses, supporting access to jobs and workforce training for AA and NHPI communities, promoting AA and NHPI participation and success in the private sector, ensuring workplaces are free from race and national origin harassment and other forms of employment discrimination, and ensuring AA and NHPI communities can access consumer and finance protections; (x) increase opportunities for civic engagement, such as electoral participa- tion, within AA and NHPI communities; (xi) improve the equitable allocation of Federal resources, including through Federal funds, contracts, grants, and awards, to AA and NHPI communities and AA and NHPI-serving organizations; (xii) support AA and NHPI communities in responding to and recovering from national or regional crises and public health emergencies, including the COVID–19 pandemic and related economic crisis; (xiii) secure climate and environmental justice for AA and NHPI commu- nities who are particularly impacted by the climate crisis and are overbur- dened by environmental degradation; and (xiv) identify ways to foster the recruitment, career and leadership develop- ment, retention, advancement, and participation of AA and NHPI public servants at all levels of the Federal workforce. (c) In addition to the Co-Chairs, the Initiative shall consist of senior officials from the following agencies and offices, designated by the heads thereof: (i) the Office of the Vice President; (ii) the Department of State; (iii) the Department of the Treasury; (iv) the Department of Defense; (v) the Department of Justice; (vi) the Department of the Interior; (vii) the Department of Agriculture; (viii) the Department of Commerce; VerDate Sep<11>2014 15:49 Jun 02, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\03JNE0.SGM 03JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC 29679 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Presidential Documents (ix) the Department of Labor; (x) the Department of Health and Human Services; (xi) the Department of Housing and Urban Development; (xii) the Department of Energy; (xiii) the Department of Education; (xiv) the Department of Veterans Affairs; (xv) the Department of Homeland Security; (xvi) the Environmental Protection Agency; (xvii) the Office of Management and Budget; (xviii) the Office of the United States Trade Representative; (xix) the Small Business Administration; (xx) the Office of Science and Technology Policy; (xxi) the National Security Council; (xxii) the National Economic Council; (xxiii) the Domestic Policy Council; (xxiv) the Gender Policy Council; (xxv) the Council on Environmental Quality; (xxvi) the White House Office of Cabinet Affairs; (xxvii) the White House Office of Intergovernmental Affairs; (xxviii) the White House Office of Public Engagement; (xxix) the White House Office of Presidential Personnel; (xxx) the Social Security Administration; (xxxi) the General Services Administration; (xxxii) the United States Agency for International Development; (xxxiii) the Office of Personnel Management; (xxxiv) the Equal Employment Opportunity Commission; and (xxxv) other agencies and offices as the President may, from time to time, designate. At the direction of the Co-Chairs, the Initiative may establish subgroups consisting exclusively of Initiative members or their designees, as appropriate. To the extent permitted by law, members of the Initiative, or their designees, shall devote the time, skill, and resources necessary and adequate to carry out the functions of the Initiative. Each agency and office shall bear its own expenses for participating in the Initiative. (d) The Department of Health and Human Services shall provide funding and administrative support for the Initiative to the extent permitted by law and within existing appropriations, and may, as necessary and appro- priate under section 1535 of title 31, United States Code, enter into one or more agreements to obtain goods or services from one or more agencies in support of the Initiative. (e) Each agency in the Initiative shall prepare a plan (agency plan) outlining measurable actions the agency is considering or will take to advance equity, justice, and opportunity for AA and NHPI communities, including plans to implement the policy goals outlined in subsection (b) of this section. Agencies shall report their plans to the Co-Chairs of the Initiative and the Executive Director on a frequency established by the Executive Director. In developing such plans, officials participating in the Initiative shall seek opportunities to engage with employee affinity groups or Federal networks representing AA and NHPI public servants. (i) Each such agency shall assess and report to the Co-Chairs of the Initiative and the Executive Director on its progress in implementing its VerDate Sep<11>2014 15:49 Jun 02, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\03JNE0.SGM 03JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC 29680 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Presidential Documents respective agency plan on a regular basis as established by the Co-Chairs of the Initiative and the Executive Director. (ii) On an annual basis, the Co-Chairs of the Initiative shall develop and submit to the President a report outlining a Government-wide inter- agency plan to advance equity, justice, and opportunity for AA and NHPI communities, and progress made in implementing the policy goals outlined in subsection (b) of this section. (f) The Initiative shall coordinate with and support the existing regional network of Federal officials who facilitate improved communication, engage- ment, and coordination between the Federal Government and AA and NHPI communities throughout the United States (Regional Network). Agencies identified as participants in the Initiative shall seek opportunities, consistent with applicable law and available resources, to provide support and resources to the Regional Network through each agency’s respective regional offices. The Executive Director shall coordinate the efforts of the Regional Network, and may establish regular reporting and information-sharing activities be- tween the Regional Network and the Initiative. Sec. 4. General Provisions. (a) This order supersedes Executive Order 13125 of June 7, 1999 (Increasing Participation of Asian Americans and Pacific Islanders in Federal Programs); Executive Order 13339 of May 13, 2004 (Increasing Economic Opportunity and Business Participation of Asian Amer- icans and Pacific Islanders); Executive Order 13515 of October 14, 2009 (Increasing Participation of Asian Americans and Pacific Islanders in Federal Programs); and Executive Order 13872 of May 13, 2019 (Economic Empower- ment of Asian Americans and Pacific Islanders). (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) For purposes of this order, references to executive departments and agencies shall not include the agencies described in section 3502(5) of title 44, United States Code. Independent regulatory agencies are strongly encouraged to comply with the provisions of this order. VerDate Sep<11>2014 15:49 Jun 02, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\03JNE0.SGM 03JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC 29681 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Presidential Documents (e) 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, May 28, 2021. [FR Doc. 2021–11792 Filed 6–2–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:49 Jun 02, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\03JNE0.SGM 03JNE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC

Advancing Equity, Justice, and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders

2021-05-28T00:00:00

d5b122eb61dc168afa410170d184712c9ab323a14dde49b8e27c42b597db6597

Presidential Executive Order

2021-12382 (14033)

Presidential Documents 31079 Federal Register Vol. 86, No. 110 Thursday, June 10, 2021 Title 3— The President Executive Order 14033 of June 8, 2021 Blocking Property and Suspending Entry Into the United States of Certain Persons Contributing to the Destabilizing Situation in the Western Balkans By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, JOSEPH R. BIDEN JR., President of the United States of America, hereby expand the scope of the national emergency declared in Executive Order 13219 of June 26, 2001 (Blocking Property of Persons Who Threaten Inter- national Stabilization Efforts in the Western Balkans), as amended by Execu- tive Order 13304 of May 28, 2003 (Termination of Emergencies With Respect to Yugoslavia and Modification of Executive Order 13219 of June 26, 2001), finding that the situation in the territory of the former Socialist Federal Republic of Yugoslavia and the Republic of Albania (the Western Balkans), over the past two decades, including the undermining of post-war agreements and institutions following the breakup of the former Socialist Federal Repub- lic of Yugoslavia, as well as widespread corruption within various govern- ments and institutions in the Western Balkans, stymies progress toward effective and democratic governance and full integration into transatlantic institutions, and thereby constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States. Accordingly, I hereby order: Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: (i) to be responsible for or complicit in, or to have directly or indirectly engaged in, actions or policies that threaten the peace, security, stability, or territorial integrity of any area or state in the Western Balkans; (ii) to be responsible for or complicit in, or to have directly or indirectly engaged in, actions or policies that undermine democratic processes or institutions in the Western Balkans; (iii) to be responsible for or complicit in, or to have directly or indirectly engaged in, a violation of, or an act that has obstructed or threatened the implementation of, any regional security, peace, cooperation, or mutual recognition agreement or framework or accountability mechanism related to the Western Balkans, including the Prespa Agreement of 2018; the Ohrid Framework Agreement of 2001; United Nations Security Council Resolution 1244; the Dayton Accords; or the Conclusions of the Peace Implementation Conference Council held in London in December 1995, including the decisions or conclusions of the High Representative, the Peace Implementation Council, or its Steering Board; or the International Criminal Tribunal for the former Yugoslavia, or, with respect to the former Yugoslavia, the International Residual Mechanism for Criminal Tribunals; VerDate Sep<11>2014 18:11 Jun 09, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\10JNE0.SGM 10JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC 31080 Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Presidential Documents (iv) to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse in the Western Balkans; (v) to be responsible for or complicit in, or to have directly or indirectly engaged in, corruption related to the Western Balkans, including corruption by, on behalf of, or otherwise related to a government in the Western Balkans, or a current or former government official at any level of govern- ment in the Western Balkans, such as the misappropriation of public assets, expropriation of private assets for personal gain or political pur- poses, or bribery; (vi) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person whose property and interests in property are blocked pursuant to this order; or (vii) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order. (b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. Sec. 2. The prohibitions in section 1 of this order include: (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 3. I hereby determine that the making of donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to section 1(a) of this order would seriously impair my ability to deal with the national emergency declared in Executive Order 13219, as amended by Executive Order 13304, and as expanded in this order, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 4. (a) The unrestricted immigrant and nonimmigrant entry into the United States of noncitizens determined to meet one or more of the criteria in section l(a) of this order would be detrimental to the interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is hereby suspended, except when the Sec- retary of State or the Secretary of Homeland Security, as appropriate, deter- mines that the person’s entry would not be contrary to the interests of the United States, including when the Secretary of State or Secretary of Homeland Security, as appropriate, so determines, based on a recommenda- tion of the Attorney General, that the person’s entry would further important United States law enforcement objectives. (b) The Secretary of State shall implement this order as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. (c) The Secretary of Homeland Security shall implement this order as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish. (d) Such persons shall be treated by this section in the same manner as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). VerDate Sep<11>2014 18:11 Jun 09, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\10JNE0.SGM 10JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC 31081 Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Presidential Documents Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibi- tions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 6. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘noncitizen’’ means any person who is not a citizen or noncitizen national of the United States; (c) the term ‘‘person’’ means an individual or entity; and (d) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13219, as amended by Executive Order 13304, and as expanded by this order, there need be no prior notice of a listing or determination made pursuant to this order. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All executive departments and agencies of the United States shall take all appropriate measures within their authority to implement this order. Sec. 9. Nothing in this order shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof. Sec. 10. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 18:11 Jun 09, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\10JNE0.SGM 10JNE0 khammond on DSKJM1Z7X2PROD with PRESDOC 31082 Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Presidential Documents (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, June 8, 2021. [FR Doc. 2021–12382 Filed 6–9–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 18:11 Jun 09, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\10JNE0.SGM 10JNE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC

Blocking Property and Suspending Entry Into the United States of Certain Persons Contributing to the Destabilizing Situation in the Western Balkans

2021-06-08T00:00:00

46fdbbfe7c4e3ccbcbf8840bcafd6108d2dfd679c7cef19d505939630a236c86

Presidential Executive Order

2021-11168 (14030)

Presidential Documents 27967 Federal Register Vol. 86, No. 99 Tuesday, May 25, 2021 Title 3— The President Executive Order 14030 of May 20, 2021 Climate-Related Financial Risk By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. The intensifying impacts of climate change present physical risk to assets, publicly traded securities, private investments, and compa- nies—such as increased extreme weather risk leading to supply chain disrup- tions. In addition, the global shift away from carbon-intensive energy sources and industrial processes presents transition risk to many companies, commu- nities, and workers. At the same time, this global shift presents generational opportunities to enhance U.S. competitiveness and economic growth, while also creating well-paying job opportunities for workers. The failure of finan- cial institutions to appropriately and adequately account for and measure these physical and transition risks threatens the competitiveness of U.S. companies and markets, the life savings and pensions of U.S. workers and families, and the ability of U.S. financial institutions to serve communities. In this effort, the Federal Government should lead by example by appro- priately prioritizing Federal investments and conducting prudent fiscal man- agement. It is therefore the policy of my Administration to advance consistent, clear, intelligible, comparable, and accurate disclosure of climate-related financial risk (consistent with Executive Order 13707 of September 15, 2015 (Using Behavioral Science Insights to Better Serve the American People)), including both physical and transition risks; act to mitigate that risk and its drivers, while accounting for and addressing disparate impacts on disadvantaged communities and communities of color (consistent with Executive Order 13985 of January 20, 2021 (Advancing Racial Equity and Support for Under- served Communities Through the Federal Government)) and spurring the creation of well-paying jobs; and achieve our target of a net-zero emissions economy by no later than 2050. This policy will marshal the creativity, courage, and capital of the United States necessary to bolster the resilience of our rural and urban communities, States, Tribes, territories, and financial institutions in the face of the climate crisis, rather than exacerbate its causes, and position the United States to lead the global economy to a more pros- perous and sustainable future. Sec. 2. Climate-Related Financial Risk Strategy. The Assistant to the President for Economic Policy and Director of the National Economic Council (Director of the National Economic Council) and the Assistant to the President and National Climate Advisor (National Climate Advisor), in coordination with the Secretary of the Treasury and the Director of the Office of Management and Budget (OMB), shall develop, within 120 days of the date of this order, a comprehensive, Government-wide strategy regarding: (a) the measurement, assessment, mitigation, and disclosure of climate- related financial risk to Federal Government programs, assets, and liabilities in order to increase the long-term stability of Federal operations; (b) financing needs associated with achieving net-zero greenhouse gas emissions for the U.S. economy by no later than 2050, limiting global average temperature rise to 1.5 degrees Celsius, and adapting to the acute and chronic impacts of climate change; and VerDate Sep<11>2014 15:56 May 24, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\25MYE0.SGM 25MYE0 jbell on DSKJLSW7X2PROD with EXECORD 27968 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Presidential Documents (c) areas in which private and public investments can play complementary roles in meeting these financing needs—while advancing economic oppor- tunity, worker empowerment, and environmental mitigation, especially in disadvantaged communities and communities of color. Sec. 3. Assessment of Climate-Related Financial Risk by Financial Regulators. In furtherance of the policy set forth in section 1 of this order and consistent with applicable law and subject to the availability of appropriations: (a) The Secretary of the Treasury, as the Chair of the Financial Stability Oversight Council (FSOC), shall engage with FSOC members to consider the following actions by the FSOC: (i) assessing, in a detailed and comprehensive manner, the climate-related financial risk, including both physical and transition risks, to the financial stability of the Federal Government and the stability of the U.S. financial system; (ii) facilitating the sharing of climate-related financial risk data and infor- mation among FSOC member agencies and other executive departments and agencies (agencies) as appropriate; (iii) issuing a report to the President within 180 days of the date of this order on any efforts by FSOC member agencies to integrate consider- ation of climate-related financial risk in their policies and programs, includ- ing a discussion of: (A) the necessity of any actions to enhance climate-related disclosures by regulated entities to mitigate climate-related financial risk to the finan- cial system or assets and a recommended implementation plan for taking those actions; (B) any current approaches to incorporating the consideration of climate- related financial risk into their respective regulatory and supervisory activi- ties and any impediments they faced in adopting those approaches; (C) recommended processes to identify climate-related financial risk to the financial stability of the United States; and (D) any other recommendations on how identified climate-related finan- cial risk can be mitigated, including through new or revised regulatory standards as appropriate; and (iv) including an assessment of climate-related financial risk in the FSOC’s annual report to the Congress. (b) The Secretary of the Treasury shall: (i) direct the Federal Insurance Office to assess climate-related issues or gaps in the supervision and regulation of insurers, including as part of the FSOC’s analysis of financial stability, and to further assess, in consultation with States, the potential for major disruptions of private insurance coverage in regions of the country particularly vulnerable to climate change impacts; and (ii) direct the Office of Financial Research to assist the Secretary of the Treasury and the FSOC in assessing and identifying climate-related finan- cial risk to financial stability, including the collection of data, as appro- priate, and the development of research on climate-related financial risk to the U.S. financial system. Sec. 4. Resilience of Life Savings and Pensions. In furtherance of the policy set forth in section 1 of this order and consistent with applicable law and subject to the availability of appropriations, the Secretary of Labor shall: (a) identify agency actions that can be taken under the Employee Retirement Income Security Act of 1974 (Public Law 93–406), the Federal Employees’ Retirement System Act of 1986 (Public Law 99–335), and any other relevant laws to protect the life savings and pensions of United States workers and families from the threats of climate-related financial risk; (b) consider publishing, by September 2021, for notice and comment a proposed rule to suspend, revise, or rescind ‘‘Financial Factors in Selecting VerDate Sep<11>2014 15:56 May 24, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\25MYE0.SGM 25MYE0 jbell on DSKJLSW7X2PROD with EXECORD 27969 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Presidential Documents Plan Investments,’’ 85 Fed. Reg. 72846 (November 13, 2020), and ‘‘Fiduciary Duties Regarding Proxy Voting and Shareholder Rights,’’ 85 Fed. Reg. 81658 (December 16, 2020); (c) assess—consistent with the Secretary of Labor’s oversight responsibil- ities under the Federal Employees’ Retirement System Act of 1986 and in consultation with the Director of the National Economic Council and the National Climate Advisor—how the Federal Retirement Thrift Investment Board has taken environmental, social, and governance factors, including climate-related financial risk, into account; and (d) within 180 days of the date of this order, submit to the President, through the Director of the National Economic Council and the National Climate Advisor, a report on the actions taken pursuant to subsections (a), (b), and (c) of this section. Sec. 5. Federal Lending, Underwriting, and Procurement. In furtherance of the policy set forth in section 1 of this order and consistent with applicable law and subject to the availability of appropriations: (a) The Director of OMB and the Director of the National Economic Council, in consultation with the Secretary of the Treasury, shall develop rec- ommendations for the National Climate Task Force on approaches related to the integration of climate-related financial risk into Federal financial management and financial reporting, especially as that risk relates to Federal lending programs. The recommendations should evaluate options to enhance accounting standards for Federal financial reporting where appropriate and should identify any opportunities to further encourage market adoption of such standards. (b) The Federal Acquisition Regulatory Council, in consultation with the Chair of the Council on Environmental Quality and the heads of other agencies as appropriate, shall consider amending the Federal Acquisition Regulation (FAR) to: (i) require major Federal suppliers to publicly disclose greenhouse gas emissions and climate-related financial risk and to set science-based reduc- tion targets; and (ii) ensure that major Federal agency procurements minimize the risk of climate change, including requiring the social cost of greenhouse gas emissions to be considered in procurement decisions and, where appro- priate and feasible, give preference to bids and proposals from suppliers with a lower social cost of greenhouse gas emissions. (c) The Secretary of Agriculture, the Secretary of Housing and Urban Development, and the Secretary of Veterans Affairs shall consider approaches to better integrate climate-related financial risk into underwriting standards, loan terms and conditions, and asset management and servicing procedures, as related to their Federal lending policies and programs. (d) As part of the agency Climate Action Plans required by section 211 of Executive Order 14008 of January 27, 2021 (Tackling the Climate Crisis at Home and Abroad), and consistent with the interim instructions for the Climate Action Plans issued by the Federal Chief Sustainability Officer, heads of agencies must submit to the Director of OMB, the National Climate Task Force, and the Federal Chief Sustainability Officer actions to integrate climate-related financial risk into their respective agency’s procurement proc- ess (subject to any changes to the FAR arising out of the Federal Acquisition Regulatory Council’s review pursuant to subsection (b) of this section). The Director of OMB and the Federal Chief Sustainability Officer shall provide guidance to agencies on existing voluntary standards for use in agencies’ plans. (e) In Executive Order 13690 of January 30, 2015 (Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input), a Federal Flood Risk Management Standard (FFRMS) was established to address current and future flood risk and ensure VerDate Sep<11>2014 15:56 May 24, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\25MYE0.SGM 25MYE0 jbell on DSKJLSW7X2PROD with EXECORD 27970 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Presidential Documents that projects funded with taxpayer dollars last as long as intended. Subse- quently, the order was revoked by Executive Order 13807 of August 15, 2017 (Establishing Discipline and Accountability in the Environmental Re- view and Permitting Process for Infrastructure Projects). Executive Order 13690 is hereby reinstated, thereby reestablishing the FFRMS. The ‘‘Guide- lines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input’’ of October 8, 2015, were never revoked and thus remain in effect. Sec. 6. Long-Term Budget Outlook. The Federal Government has broad expo- sure to increased costs and lost revenue as a result of the impacts of unmitigated climate change. In furtherance of the policy set forth in section 1 of this order and consistent with applicable law and subject to the avail- ability of appropriations: (a) The Director of OMB, in consultation with the Secretary of the Treasury, the Chair of the Council of Economic Advisers, the Director of the National Economic Council, and the National Climate Advisor, shall identify the primary sources of Federal climate-related financial risk exposure and de- velop methodologies to quantify climate risk within the economic assump- tions and the long-term budget projections of the President’s Budget; (b) The Director of OMB and the Chair of the Council of Economic Advisers, in consultation with the Director of the National Economic Council, the National Climate Advisor, and the heads of other agencies as appropriate, shall develop and publish annually, within the President’s Budget, an assess- ment of the Federal Government’s climate risk exposure; and (c) The Director of OMB shall improve the accounting of climate-related Federal expenditures, where appropriate, and reduce the Federal Govern- ment’s long-term fiscal exposure to climate-related financial risk through formulation of the President’s Budget and oversight of budget execution. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:56 May 24, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\25MYE0.SGM 25MYE0 jbell on DSKJLSW7X2PROD with EXECORD 27971 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Presidential Documents (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, May 20, 2021. [FR Doc. 2021–11168 Filed 5–24–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:56 May 24, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\25MYE0.SGM 25MYE0 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Climate-Related Financial Risk

2021-05-20T00:00:00

45a0797565a8f6bceab7d34daf40753539e0e8c1e0ab62593c65798a7d440652

Presidential Executive Order

2021-01865 (14001)

Presidential Documents 7219 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents Executive Order 14001 of January 21, 2021 A Sustainable Public Health Supply Chain 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. 4501 et seq.), sections 319 and 361 of the Public Health Service Act (42 U.S.C. 247d and 264), sections 306 and 307 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149 and 5150), and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Purpose. The Federal Government must act urgently and effectively to combat the coronavirus disease 2019 (COVID–19) pandemic. To that end, this order directs immediate actions to secure supplies necessary for respond- ing to the pandemic, so that those supplies are available, and remain avail- able, to the Federal Government and State, local, Tribal, and territorial authorities, as well as to America’s health care workers, health systems, and patients. These supplies are vital to the Nation’s ability to reopen its schools and economy as soon and safely as possible. Sec. 2. Immediate Inventory of Response Supplies and Identification of Emergency Needs. (a) The Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the heads of appropriate executive departments and agencies (agencies), in coordination with the COVID–19 Response Coordinator, shall: (i) immediately review the availability of critical materials, treatments, and supplies needed to combat COVID–19 (pandemic response supplies), including personal protective equipment (PPE) and the resources necessary to effectively produce and distribute tests and vaccines at scale; and (ii) assess, including by reviewing prior such assessments, whether United States industry can be reasonably expected to provide such supplies in a timely manner. (b) Where a review and assessment described in section 2(a)(i) of this order identifies shortfalls in the provision of pandemic response supplies, the head of the relevant agency shall: (i) promptly revise its operational assumptions and planning factors being used to determine the scope and prioritization, acquisition, and distribution of such supplies; and (ii) take appropriate action using all available legal authorities, including the Defense Production Act, to fill those shortfalls as soon as practicable by acquiring additional stockpiles, improving distribution systems, building market capacity, or expanding the industrial base. (c) Upon completing the review and assessment described in section 2(a)(i) of this order, the Secretary of Health and Human Services shall provide to the President, through the COVID–19 Response Coordinator, a report on the status and inventory of the Strategic National Stockpile. (d) The Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the heads of any other agencies relevant to inventorying pandemic response supplies shall, as soon as practicable, provide to the President, through the COVID–19 Response Coordinator, a report consisting of: (i) an assessment of the need for, and an inventory of current supplies of, key pandemic response supplies; VerDate Sep<11>2014 23:20 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE7.SGM 26JAE7 7220 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (ii) an analysis of their agency’s capacity to produce, provide, and distribute pandemic response supplies; (iii) an assessment of their agency’s procurement of pandemic response supplies on the availability of such supplies on the open market; (iv) an account of all existing or ongoing agency actions, contracts, and investment agreements regarding pandemic response supplies; (v) a list of any gaps between the needs identified in section 2(a)(i) of this order and supply chain delivery, and recommendations on how to close such gaps; and (vi) a compilation and summary of their agency’s existing distribution and prioritization plans for pandemic response supplies, which shall in- clude any assumptions or planning factors used to determine such needs and any recommendations for changes to such assumptions or factors. (e) The COVID–19 Response Coordinator, in coordination with the heads of appropriate agencies, shall review the report described in section 2(d) of this order and submit recommendations to the President that address: (i) whether additional use of the Defense Production Act, by the President or agencies exercising delegated authority under the Act, would be helpful; and (ii) the extent to which liability risk, regulatory requirements, or other factors impede the development, production, and procurement of pandemic response supplies, and any actions that can be taken, consistent with law, to remove those impediments. (f) The heads of agencies responsible for completing the requirements of this section, as appropriate and in coordination with the COVID–19 Response Coordinator, shall consult with State, local, Tribal, and territorial authorities, as well as with other entities critical to assessing the availability of and need for pandemic response supplies. Sec. 3. Pricing. To take steps to address the pricing of pandemic response supplies: (a) The Secretary of Health and Human Services shall promptly recommend to the President, through the COVID–19 Response Coordinator, whether any changes should be made to the authorities delegated to the Secretary by Executive Order 13910 of March 23, 2020 (Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID–19), with respect to scarce materials or materials the supply of which would be threatened by accumulation for the purpose of hoarding or price gouging. (b) The Secretary of Defense, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall promptly review and provide to the President, through the COVID–19 Response Coordinator, recommenda- tions for how to address the pricing of pandemic response supplies, including whether and how to direct the use of reasonable pricing clauses in Federal contracts and investment agreements, or other related vehicles, and whether to use General Services Administration Schedules to facilitate State, local, Tribal, and territorial government buyers and compacts in purchasing pan- demic response supplies using Federal supply schedules. Sec. 4. Pandemic Supply Chain Resilience Strategy. Within 180 days of the date of this order, the Secretary of Defense, the Secretary of Health and Human Services, and the Secretary of Homeland Security, in coordina- tion with the Assistant to the President for National Security Affairs (APNSA), the Assistant to the President for Domestic Policy, the COVID–19 Response Coordinator, and the heads of any agencies or entities selected by the APNSA and COVID–19 Response Coordinator, shall provide to the President a strategy to design, build, and sustain a long-term capability in the United States to manufacture supplies for future pandemics and biological threats. This strategy shall include: VerDate Sep<11>2014 23:20 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE7.SGM 26JAE7 7221 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (a) mechanisms to respond to emergency supply needs of State, local, Tribal, and territorial authorities, which should include standards and proc- esses to prioritize requests and delivery and to ensure equitable distribution based on public health criteria; (b) an analysis of the role of foreign supply chains in America’s pandemic supply chain, America’s role in the international public health supply chain, and options for strengthening and better coordinating global supply chain systems in future pandemics; (c) mechanisms to address points of failure in the supply chains and to ensure necessary redundancies; (d) the roles of the Strategic National Stockpile and other Federal and military stockpiles in providing pandemic supplies on an ongoing or emer- gency basis, including their roles in allocating supplies across States, local- ities, tribes, and territories, sustaining supplies during a pandemic, and in contingency planning to ensure adequate preparedness for future pandemics and public health emergencies; (e) approaches to assess and maximize the value and efficacy of public/ private partnerships and the value of Federal investments in latent manufac- turing capacity; and (f) an approach to develop a multi-year implementation plan for domestic production of pandemic supplies. Sec. 5. Access to Strategic National Stockpile. The Secretary of Health and Human Services shall consult with Tribal authorities and take steps, as appropriate and consistent with applicable law, to facilitate access to the Strategic National Stockpile for federally recognized Tribal governments, Indian Health Service healthcare providers, Tribal health authorities, and Urban Indian Organizations. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 23:20 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE7.SGM 26JAE7 7222 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (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, January 21, 2021. [FR Doc. 2021–01865 Filed 1–25–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 23:20 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE7.SGM 26JAE7 BIDEN.EPS</GPH>

A Sustainable Public Health Supply Chain

2021-01-21T00:00:00

84b572f4daf57937f679fbe47f57ea8ccfcf683d0f3baf7bc0ee9dd286713d4e

Presidential Executive Order

2021-01859 (13998)

Presidential Documents 7205 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents Executive Order 13998 of January 21, 2021 Promoting COVID–19 Safety in Domestic and International Travel By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Science-based public health measures are critical to pre- venting the spread of coronavirus disease 2019 (COVID–19) by travelers within the United States and those who enter the country from abroad. The Centers for Disease Control and Prevention (CDC), the Surgeon General, and the National Institutes of Health have concluded that mask-wearing, physical distancing, appropriate ventilation, and timely testing can mitigate the risk of travelers spreading COVID–19. Accordingly, to save lives and allow all Americans, including the millions of people employed in the transportation industry, to travel and work safely, it is the policy of my Administration to implement these public health measures consistent with CDC guidelines on public modes of transportation and at ports of entry to the United States. Sec. 2. Immediate Action to Require Mask-Wearing on Certain Domestic Modes of Transportation. (a) Mask Requirement. The Secretary of Labor, the Secretary of Health and Human Services (HHS), the Secretary of Transportation (including through the Administrator of the Federal Aviation Administration (FAA)), the Secretary of Homeland Security (including through the Administrator of the Transportation Security Administration (TSA) and the Commandant of the United States Coast Guard), and the heads of any other executive departments and agencies (agencies) that have relevant regulatory authority (heads of agencies) shall immediately take action, to the extent appropriate and consistent with applicable law, to require masks to be worn in compli- ance with CDC guidelines in or on: (i) airports; (ii) commercial aircraft; (iii) trains; (iv) public maritime vessels, including ferries; (v) intercity bus services; and (vi) all forms of public transportation as defined in section 5302 of title 49, United States Code. (b) Consultation. In implementing this section, the heads of agencies shall consult, as appropriate, with interested parties, including State, local, Tribal, and territorial officials; industry and union representatives from the transpor- tation sector; and consumer representatives. (c) Exceptions. The heads of agencies may make categorical or case-by- case exceptions to policies developed under this section, consistent with applicable law, to the extent that doing so is necessary or required by law. If the heads of agencies do make exceptions, they shall require alter- native and appropriate safeguards, and shall document all exceptions in writing. (d) Preemption. To the extent permitted by applicable law, the heads of agencies shall ensure that any action taken to implement this section VerDate Sep<11>2014 19:57 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE4.SGM 26JAE4 7206 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents does not preempt State, local, Tribal, and territorial laws or rules imposing public health measures that are more protective of public health than those required by the heads of agencies. (e) Coordination. The Coordinator of the COVID–19 Response and Coun- selor to the President (COVID–19 Response Coordinator) shall coordinate the implementation of this section. The heads of agencies shall update the COVID–19 Response Coordinator on their progress in implementing this section, including any categorical exceptions established under subsection (c) of this section, within 7 days of the date of this order and regularly thereafter. The heads of agencies are encouraged to bring to the attention of the COVID–19 Response Coordinator any questions regarding the scope or implementation of this section. Sec. 3. Action to Implement Additional Public Health Measures for Domestic Travel. (a) Recommendations. The Secretary of Transportation (including through the Administrator of the FAA) and the Secretary of Homeland Security (including through the Administrator of the TSA and the Commandant of the Coast Guard), in consultation with the Director of CDC, shall promptly provide to the COVID–19 Response Coordinator recommendations concerning how their respective agencies may impose additional public health measures for domestic travel. (b) Consultation. In implementing this section, the Secretary of Transpor- tation and the Secretary of Homeland Security shall engage with interested parties, including State, local, Tribal, and territorial officials; industry and union representatives from the transportation sector; and consumer represent- atives. Sec. 4. Support for State, Local, Tribal, and Territorial Authorities. The COVID–19 Response Coordinator, in coordination with the Secretary of Trans- portation and the heads of any other relevant agencies, shall promptly iden- tify and inform agencies of options to incentivize, support, and encourage widespread mask-wearing and physical distancing on public modes of trans- portation, consistent with CDC guidelines and applicable law. Sec. 5. International Travel. (a) Policy. It is the policy of my Administration that, to the extent feasible, travelers seeking to enter the United States from a foreign country shall be: (i) required to produce proof of a recent negative COVID–19 test prior to entry; and (ii) required to comply with other applicable CDC guidelines concerning international travel, including recommended periods of self-quarantine or self-isolation after entry into the United States. (b) Air Travel. (i) The Secretary of HHS, including through the Director of CDC, and in coordination with the Secretary of Transportation (including through the Administrator of the FAA) and the Secretary of Homeland Security (including through the Administrator of the TSA), shall, within 14 days of the date of this order, assess the CDC order of January 12, 2021, regarding the requirement of a negative COVID–19 test result for airline passengers traveling into the United States, in light of subsection (a) of this section. Based on such assessment, the Secretary of HHS and the Secretary of Homeland Security shall take any further appropriate regulatory action, to the extent feasible and consistent with CDC guidelines and applicable law. Such assessment and regulatory action shall include consideration of: (A) the timing and types of COVID–19 tests that should satisfy the negative test requirement, including consideration of additional testing immediately prior to departure; (B) the proof of test results that travelers should be required to provide; VerDate Sep<11>2014 19:57 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE4.SGM 26JAE4 7207 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (C) the feasibility of implementing alternative and sufficiently protective public health measures, such as testing, self-quarantine, and self-isolation on arrival, for travelers entering the United States from countries where COVID–19 tests are inaccessible, particularly where such inaccessibility of tests would affect the ability of United States citizens and lawful permanent residents to return to the United States; and (D) measures to prevent fraud. (ii) The Secretary of HHS, in coordination with the Secretary of Transpor- tation (including through the Administrator of the FAA) and the Secretary of Homeland Security (including through the Administrator of the TSA), shall promptly provide to the President, through the COVID–19 Response Coordinator, a plan for how the Secretary and other Federal Government actors could implement the policy stated in subsection (a) of this section with respect to CDC-recommended periods of self-quarantine or self-isola- tion after a flight to the United States from a foreign country, as he deems appropriate and consistent with applicable law. The plan shall identify agencies’ tools and mechanisms to assist travelers in complying with such policy. (iii) The Secretary of State, in consultation with the Secretary of HHS (including through the Director of CDC), the Secretary of Transportation (including through the Administrator of the FAA), and the Secretary of Homeland Security, shall seek to consult with foreign governments, the World Health Organization, the International Civil Aviation Organization, the International Air Transport Association, and any other relevant stake- holders to establish guidelines for public health measures associated with safe international travel, including on aircraft and at ports of entry. Any such guidelines should address quarantine, testing, COVID–19 vaccination, follow-up testing and symptom-monitoring, air filtration requirements, en- vironmental decontamination standards, and contact tracing. (c) Land Travel. The Secretary of State, in consultation with the Secretary of HHS, the Secretary of Transportation, the Secretary of Homeland Security, and the Director of CDC, shall immediately commence diplomatic outreach to the governments of Canada and Mexico regarding public health protocols for land ports of entry. Based on this diplomatic engagement, within 14 days of the date of this order, the Secretary of HHS (including through the Director of CDC), the Secretary of Transportation, and the Secretary of Homeland Security shall submit to the President a plan to implement appropriate public health measures at land ports of entry. The plan should implement CDC guidelines, consistent with applicable law, and take into account the operational considerations relevant to the different populations who enter the United States by land. (d) Sea Travel. The Secretary of Homeland Security, through the Com- mandant of the Coast Guard and in consultation with the Secretary of HHS and the Director of CDC, shall, within 14 days of the date of this order, submit to the President a plan to implement appropriate public health measures at sea ports. The plan should implement CDC guidelines, consistent with applicable law, and take into account operational considerations. (e) International Certificates of Vaccination or Prophylaxis. Consistent with applicable law, the Secretary of State, the Secretary of HHS, and the Secretary of Homeland Security (including through the Administrator of the TSA), in coordination with any relevant international organizations, shall assess the feasibility of linking COVID–19 vaccination to International Certificates of Vaccination or Prophylaxis (ICVP) and producing electronic versions of ICVPs. (f) Coordination. The COVID–19 Response Coordinator, in consultation with the Assistant to the President for National Security Affairs and the Assistant to the President for Domestic Policy, shall coordinate the implemen- tation of this section. The Secretary of State, the Secretary of HHS, the Secretary of Transportation, and the Secretary of Homeland Security shall VerDate Sep<11>2014 19:57 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE4.SGM 26JAE4 7208 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents update the COVID–19 Response Coordinator on their progress in imple- menting this section within 7 days of the date of this order and regularly thereafter. The heads of all agencies are encouraged to bring to the attention of the COVID–19 Response Coordinator any questions regarding the scope or implementation of this section. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, January 21, 2021. [FR Doc. 2021–01859 Filed 1–25–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 19:57 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE4.SGM 26JAE4 BIDEN.EPS</GPH>

Promoting COVID-19 Safety in Domestic and International Travel

2021-01-21T00:00:00

810e4182a1e0da6319e3fa156ad1a411efa74857202ef4d905eeaf117a7d2908

Presidential Executive Order

2021-01864 (14000)

Presidential Documents 7215 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents Executive Order 14000 of January 21, 2021 Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers By the authority vested in me as President by the Constitution and the laws of the United States of America, to ensure that students receive a high-quality education during the coronavirus disease 2019 (COVID–19) pan- demic, and to support the safe reopening and continued operation of schools, child care providers, Head Start programs, and institutions of higher edu- cation, it is hereby ordered as follows: Section 1. Policy. Every student in America deserves a high-quality education in a safe environment. This promise, which was already out of reach for too many, has been further threatened by the COVID–19 pandemic. School and higher education administrators, educators, faculty, child care providers, custodians and other staff, and families have gone above and beyond to support children’s and students’ learning and meet their needs during this crisis. Students and teachers alike have found new ways to teach and learn. Many child care providers continue to provide care and learning opportuni- ties to children in homes and centers across the country. However, leadership and support from the Federal Government is needed. Two principles should guide the Federal Government’s response to the COVID–19 crisis with respect to schools, child care providers, Head Start programs, and higher education institutions. First, the health and safety of children, students, educators, families, and communities is paramount. Second, every student in the United States should have the opportunity to receive a high-quality education, during and beyond the pandemic. Accordingly, it is the policy of my Administration to provide support to help create the conditions for safe, in-person learning as quickly as possible; ensure high-quality instruction and the delivery of essential services often received by students and young children at school, institutions of higher education, child care providers, and Head Start programs; mitigate learning loss caused by the pandemic; and address educational disparities and inequi- ties that the pandemic has created and exacerbated. Sec. 2. Agency Roles and Responsibilities. The following assignments of responsibility shall be exercised in furtherance of the policy described in section 1 of this order: (a) The Secretary of Education shall, consistent with applicable law: (i) provide, in consultation with the Secretary of Health and Human Serv- ices, evidence-based guidance to assist States and elementary and sec- ondary schools in deciding whether and how to reopen, and how to remain open, for in-person learning; and in safely conducting in-person learning, including by implementing mitigation measures such as cleaning, masking, proper ventilation, and testing; (ii) provide, in consultation with the Secretary of Health and Human Services, evidence-based guidance to institutions of higher education on safely reopening for in-person learning, which shall take into account considerations such as the institution’s setting, resources, and the popu- lation it serves; (iii) provide advice to State, local, Tribal, and territorial educational au- thorities, institutions of higher education, local education agencies, and elementary and secondary schools regarding distance and online learning, VerDate Sep<11>2014 00:07 Jan 26, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE6.SGM 26JAE6 7216 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents blended learning, and in-person learning; and the promotion of mental health, social-emotional well-being, and communication with parents and families; (iv) develop a Safer Schools and Campuses Best Practices Clearinghouse to enable schools and institutions of higher education to share lessons learned and best practices for operating safely during the pandemic; (v) provide technical assistance to schools and institutions of higher edu- cation so that they can ensure high-quality learning during the pandemic; (vi) direct the Department of Education’s Assistant Secretary for Civil Rights to deliver a report as soon as practicable on the disparate impacts of COVID–19 on students in elementary, secondary, and higher education, including those attending historically black colleges and universities, Tribal colleges and universities, Hispanic-serving institutions, and other minority- serving institutions; (vii) coordinate with the Director of the Institute of Education Sciences to facilitate, consistent with applicable law, the collection of data necessary to fully understand the impact of the COVID–19 pandemic on students and educators, including data on the status of in-person learning. These data shall be disaggregated by student demographics, including race, eth- nicity, disability, English-language-learner status, and free or reduced lunch status or other appropriate indicators of family income; and (viii) consult with those who have been struggling for months with the enormous challenges the COVID–19 pandemic poses for education, includ- ing students; educators; unions; families; State, local, Tribal, and territorial officials; and members of civil rights and disability rights organizations, in carrying out the directives in this order. (b) The Secretary of Health and Human Services shall, consistent with applicable law: (i) facilitate the collection of data needed to inform the safe reopening and continued operation of elementary and secondary schools, child care providers, and Head Start programs, and ensure that such data are readily available to State, local, Tribal, and territorial leaders and the public, consistent with privacy interests, and that such data are disaggregated by race, ethnicity, and other factors as appropriate; (ii) ensure, in coordination with the Coordinator of the COVID–19 Response and Counselor to the President (COVID–19 Response Coordinator) and other relevant agencies, that COVID–19-related supplies the Secretary ad- ministers, including testing materials, are equitably allocated to elementary and secondary schools, child care providers, and Head Start programs to support in-person care and learning; (iii) to the maximum extent possible, support the development and oper- ation of contact tracing programs at the State, local, Tribal, and territorial level, by providing guidance and technical support to ensure that contact tracing is available to facilitate the reopening and safe operation of elemen- tary and secondary schools, child care providers, Head Start programs, and institutions of higher education; (iv) provide guidance needed for child care providers and Head Start programs for safely reopening and operating, including procedures for mitigation measures such as cleaning, masking, proper ventilation, and testing, as well as guidance related to meeting the needs of children, families, and staff who have been affected by the COVID–19 pandemic, including trauma-informed care, behavioral and mental health support, and family support, as appropriate; and (v) provide technical assistance to States, localities, Tribes, and territories to support the accelerated distribution of Federal COVID–19 relief funds to child care providers, and identify strategies to help child care providers safely remain open during the pandemic and beyond while the sector VerDate Sep<11>2014 00:07 Jan 26, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE6.SGM 26JAE6 7217 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents experiences widespread financial disruption due to increased costs and less revenue. (c) The Secretary of Education and the Secretary of Health and Human Services shall submit a report to the Assistant to the President for Domestic Policy and the COVID–19 Response Coordinator identifying strategies to address the impact of COVID–19 on educational outcomes, especially along racial and socioeconomic lines, and shall share those strategies with State, local, Tribal, and territorial officials. In developing these strategies, the Secre- taries shall, as appropriate and consistent with applicable law, consult with such officials, as well as with education experts; educators; unions; civil rights advocates; Tribal education experts; public health experts; child devel- opment experts; early educators, including child care providers; Head Start staff; school technology practitioners; foundations; families; students; commu- nity advocates; and others. (d) The Federal Communications Commission is encouraged, consistent with applicable law, to increase connectivity options for students lacking reliable home broadband, so that they can continue to learn if their schools are operating remotely. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 00:07 Jan 26, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE6.SGM 26JAE6 7218 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (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, January 21, 2021. [FR Doc. 2021–01864 Filed 1–25–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 00:07 Jan 26, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\26JAE6.SGM 26JAE6 BIDEN.EPS</GPH>

Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers

2021-01-21T00:00:00

d90a7c1f6f61f75c201cae9894c92ca77ebb7c8ecad5ecf0b2da1ca4a34ec2ca

Presidential Executive Order

2021-01712 (13982)

Presidential Documents 6833 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Executive Order 13982 of January 19, 2021 Care of Veterans With Service in Uzbekistan By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. The Secretary of Veterans Affairs, in consultation with the Sec- retary of Defense, shall consider whether to designate veterans who served on active duty in Uzbekistan between October 1, 2001, and December 31, 2005, as veterans who served on active duty in a theater of combat operations pursuant to section 1710(e)(1)(D) of title 38, United States Code. Sec. 2. Within 365 days of the date of this order, the Secretary of Defense shall conduct a rigorous study investigating toxic exposure by members of the Armed Forces deployed to the Karshi-Khanabad Air Base, Uzbekistan (Air Base), between October 1, 2001, and December 31, 2005. The Secretary of Defense shall submit a report summarizing the findings of the study to the President, through the Secretary of Veterans Affairs. The study shall include the following elements: (a) A detailed assessment of the conditions at the Air Base between October 1, 2001, and December 31, 2005, including identification of any toxic sub- stances contaminating the Air Base during such period, the exact locations of the toxic substances, the time frames of exposure to the toxic substances, the service members exposed to the toxic substances, and the circumstances of such exposure. (b) A rigorous epidemiological study of any health consequences for mem- bers of the Armed Forces deployed to the Air Base between October 1, 2001, and December 31, 2005. This study shall be of equivalent rigor to studies used by the Department of Veterans Affairs to make determinations regarding diseases subject to presumptive service connections. (c) An assessment of any causal link between exposure to any toxic substances identified in subsection (a) of this section and any health con- sequences studied under subsection (b) of this section. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget related to budgetary, administrative, or legislative proposals. (b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 16:14 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE0.SGM 25JAE0 jbell on DSKJLSW7X2PROD with EXECORD 6834 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (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, January 19, 2021. [FR Doc. 2021–01712 Filed 1–22–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:14 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE0.SGM 25JAE0 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Care of Veterans With Service in Uzbekistan

2021-01-19T00:00:00

d71196253bfe3cbb60e6ad5c676837b9383521355eb8cbea805abe6011fbf11e

Presidential Executive Order

2021-01759 (13987)

Presidential Documents 7019 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Executive Order 13987 of January 20, 2021 Organizing and Mobilizing the United States Government To Provide a Unified and Effective Response To Combat COVID– 19 and To Provide United States Leadership on Global Health and Security By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. The Federal Government must act swiftly and aggressively to combat coronavirus disease 2019 (COVID–19). To that end, this order creates the position of Coordinator of the COVID–19 Response and Counselor to the President and takes other steps to organize the White House and activities of the Federal Government to combat COVID–19 and prepare for future biological and pandemic threats. Sec. 2. Organizing the White House to Combat COVID–19. (a) In order to effectively, fully, and immediately respond to COVID–19, there is estab- lished within the Executive Office of the President the position of Coordinator of the COVID–19 Response and Counselor to the President (COVID–19 Re- sponse Coordinator) and the position of Deputy Coordinator of the COVID– 19 Response. The COVID–19 Response Coordinator shall report directly to the President; advise and assist the President and executive departments and agencies (agencies) in responding to the COVID–19 pandemic; coordinate all elements of the COVID–19 response; and perform such duties as the President may otherwise direct. These duties shall include: (i) coordinating a Government-wide effort to reduce disparities in the response, care, and treatment of COVID–19, including racial and ethnic disparities; (ii) coordinating the Federal Government’s efforts to produce, supply, and distribute personal protective equipment, vaccines, tests, and other supplies for the Nation’s COVID–19 response, including through the use of the Defense Production Act, as amended (50 U.S.C. 4501 et seq.); (iii) coordinating the Federal Government’s efforts to expand COVID–19 testing and the use of testing as an effective public health response; (iv) coordinating the Federal Government’s efforts to support the timely, safe, and effective delivery of COVID–19 vaccines to the United States population; (v) coordinating the Federal Government’s efforts to support the safe re- opening and operation of schools, child care providers, and Head Start programs, and to help ensure the continuity of educational and other services for young children and elementary and secondary students during the COVID–19 pandemic; and (vi) coordinating, as appropriate, with State, local, Tribal, and territorial authorities. (b) The COVID–19 Response Coordinator shall have the authority to con- vene principals from relevant agencies, in consultation with the Assistant to the President for Domestic Policy (APDP) on matters involving the domes- tic COVID–19 response, and in consultation with the Assistant to the Presi- dent for National Security Affairs (APNSA) on matters involving the global COVID–19 response. The COVID–19 Response Coordinator shall also coordi- nate any corresponding deputies and interagency processes. VerDate Sep<11>2014 20:04 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE10.SGM 25JAE10 jbell on DSKJLSW7X2PROD with EXECORD10 7020 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (c) The COVID–19 Response Coordinator may act through designees in performing these or any other duties. Sec. 3. United States Leadership on Global Health and Security and the Global COVID–19 Response. (a) Preparing to Respond to Biological Threats and Pandemics. To identify, monitor, prepare for, and, if necessary, respond to emerging biological and pandemic threats: (i) The APNSA shall convene the National Security Council (NSC) Prin- cipals Committee as necessary to coordinate the Federal Government’s efforts to address such threats and to advise the President on the global response to and recovery from COVID–19, including matters regarding: the intersection of the COVID–19 response and other national security equities; global health security; engaging with and strengthening the World Health Organization; public health, access to healthcare, and the secondary impacts of COVID–19; and emerging biological risks and threats, whether naturally occurring, deliberate, or accidental. (ii) Within 180 days of the date of this order, the APNSA shall, in coordina- tion with relevant agencies, the COVID–19 Response Coordinator, and the APDP, complete a review of and recommend actions to the President concerning emerging domestic and global biological risks and national biopreparedness policies. The review and recommended actions shall in- corporate lessons from the COVID–19 pandemic and, among other things, address: the readiness of the pandemic supply chain, healthcare workforce, and hospitals; the development of a framework of pandemic readiness with specific triggers for when agencies should take action in response to large-scale biological events; pandemic border readiness; the develop- ment and distribution of medical countermeasures; epidemic forecasting and modeling; public health data modernization; bio-related intelligence; bioeconomic investments; biotechnology risks; the development of a frame- work for coordinating with and distributing responsibilities as between the Federal Government and State, local, Tribal, and territorial authorities; and State, local, Tribal, and territorial preparedness for biological events. (b) NSC Directorate on Global Health Security and Biodefense. There shall be an NSC Directorate on Global Health Security and Biodefense, which shall be headed by a Senior Director for Global Health Security and Biodefense. The Senior Director shall be responsible for monitoring current and emerging biological threats, and shall report concurrently to the APNSA and to the COVID–19 Response Coordinator on matters relating to COVID–19. The Senior Director shall oversee the Global Health Security Agenda Interagency Review Council, which was established pursuant to Executive Order 13747 of November 4, 2016 (Advancing the Global Health Security Agenda To Achieve a World Safe and Secure From Infectious Disease Threats), and is hereby reconvened as described in that order. (c) Responsibility for National Biodefense Preparedness. Notwithstanding any statements in the National Security Presidential Memorandum–14 of September 18, 2018 (Support for National Biodefense), the APNSA shall be responsible for coordinating the Nation’s biodefense preparedness efforts, and, as stated in sections 1 and 2 of this order, the COVID–19 Response Coordinator shall be responsible for coordinating the Federal Government’s response to the COVID–19 pandemic. Sec. 4. Prompt Resolution of Issues Related to the United States COVID– 19 Response. The heads of agencies shall, as soon as practicable, bring any procedural, departmental, legal, or funding obstacle to the COVID– 19 response to the attention of the COVID–19 Response Coordinator. The COVID–19 Response Coordinator shall, in coordination with relevant agen- cies, the APDP, and the APNSA, as appropriate, immediately bring to the President’s attention any issues that require Presidential guidance or decision- making. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: VerDate Sep<11>2014 20:04 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE10.SGM 25JAE10 jbell on DSKJLSW7X2PROD with EXECORD10 7021 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to 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, January 20, 2021. [FR Doc. 2021–01759 Filed 1–22–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:04 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE10.SGM 25JAE10 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD10

Organizing and Mobilizing the United States Government To Provide a Unified and Effective Response To Combat COVID-19 and To Provide United States Leadership on Global Health and Security

2021-01-20T00:00:00

69dd03580e3a929c86733f5c96598e203134497fd85216ff12b93b0a65128d7a

Presidential Executive Order

2021-01863 (13999)

Presidential Documents 7211 Federal Register Vol. 86, No. 15 Tuesday, January 26, 2021 Title 3— The President Executive Order 13999 of January 21, 2021 Protecting Worker Health and Safety By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Ensuring the health and safety of workers is a national priority and a moral imperative. Healthcare workers and other essential workers, many of whom are people of color and immigrants, have put their lives on the line during the coronavirus disease 2019 (COVID–19) pandemic. It is the policy of my Administration to protect the health and safety of workers from COVID–19. The Federal Government must take swift action to reduce the risk that workers may contract COVID–19 in the workplace. That will require issuing science-based guidance to help keep workers safe from COVID–19 exposure, including with respect to mask-wearing; partnering with State and local governments to better protect public employees; enforcing worker health and safety requirements; and pushing for additional resources to help employ- ers protect employees. Sec. 2. Protecting Workers from COVID–19 Under the Occupational Safety and Health Act. The Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, in furtherance of the policy described in section 1 of this order and consistent with applicable law, shall: (a) issue, within 2 weeks of the date of this order and in conjunction or consultation with the heads of any other appropriate executive depart- ments and agencies (agencies), revised guidance to employers on workplace safety during the COVID–19 pandemic; (b) consider whether any emergency temporary standards on COVID–19, including with respect to masks in the workplace, are necessary, and if such standards are determined to be necessary, issue them by March 15, 2021; (c) review the enforcement efforts of the Occupational Safety and Health Administration (OSHA) related to COVID–19 and identify any short-, me- dium-, and long-term changes that could be made to better protect workers and ensure equity in enforcement; (d) launch a national program to focus OSHA enforcement efforts related to COVID–19 on violations that put the largest number of workers at serious risk or are contrary to anti-retaliation principles; and (e) coordinate with the Department of Labor’s Office of Public Affairs and Office of Public Engagement and all regional OSHA offices to conduct, consistent with applicable law, a multilingual outreach campaign to inform workers and their representatives of their rights under applicable law. This campaign shall include engagement with labor unions, community organiza- tions, and industries, and place a special emphasis on communities hit hardest by the pandemic. Sec. 3. Protecting Other Categories of Workers from COVID–19. (a) The Secretary of Labor, acting through the Assistant Secretary of Labor for Occu- pational Safety and Health and consistent with applicable law, shall: (i) coordinate with States that have occupational safety and health plans approved under section 18 of the Occupational Safety and Health Act (Act) (29 U.S.C. 667) to seek to ensure that workers covered by such VerDate Sep<11>2014 19:59 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE5.SGM 26JAE5 7212 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents plans are adequately protected from COVID–19, consistent with any revised guidance or emergency temporary standards issued by OSHA; and (ii) in States that do not have such plans, consult with State and local government entities with responsibility for public employee safety and health and with public employee unions to bolster protection from COVID– 19 for public sector workers. (b) The Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Transportation, and the Secretary of Energy, in consultation with the heads of any other appropriate agencies, shall, consistent with applicable law, explore mechanisms to protect workers not protected under the Act so that they remain healthy and safe on the job during the COVID–19 pandemic. (c) The Secretary of Labor, acting through the Assistant Secretary of Labor for Mine Safety and Health, shall consider whether any emergency temporary standards on COVID–19 applicable to coal and metal or non-metal mines are necessary, and if such standards are determined to be necessary and consistent with applicable law, issue them as soon as practicable. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 19:59 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE5.SGM 26JAE5 7213 Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Presidential Documents (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, January 21, 2021. [FR Doc. 2021–01863 Filed 1–25–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 19:59 Jan 25, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\26JAE5.SGM 26JAE5 BIDEN.EPS</GPH>

Protecting Worker Health and Safety

2021-01-21T00:00:00

a5d4890cd1b1c723f4a45e6734e38ba73f429fc6d7ea0d15db3c1654691277f0

Presidential Executive Order

2021-01714 (13984)

Presidential Documents 6837 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Executive Order 13984 of January 19, 2021 Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activi- ties By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code: I, DONALD J. TRUMP, President of the United States of America, find that additional steps must be taken to deal with the national emergency related to significant malicious cyber-enabled activities declared in Executive Order 13694 of April 1, 2015 (Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities), as amended, to address the use of United States Infrastructure as a Service (IaaS) products by foreign malicious cyber actors. IaaS products provide persons the ability to run software and store data on servers offered for rent or lease without responsibility for the maintenance and operating costs of those servers. Foreign malicious cyber actors aim to harm the United States economy through the theft of intellectual property and sensitive data and to threaten national security by targeting United States critical infrastructure for mali- cious cyber-enabled activities. Foreign actors use United States IaaS products for a variety of tasks in carrying out malicious cyber-enabled activities, which makes it extremely difficult for United States officials to track and obtain information through legal process before these foreign actors transition to replacement infrastructure and destroy evidence of their prior activities; foreign resellers of United States IaaS products make it easier for foreign actors to access these products and evade detection. This order provides authority to impose record-keeping obligations with respect to foreign trans- actions. To address these threats, to deter foreign malicious cyber actors’ use of United States IaaS products, and to assist in the investigation of transactions involving foreign malicious cyber actors, the United States must ensure that providers offering United States IaaS products verify the identity of persons obtaining an IaaS account (‘‘Account’’) for the provision of these products and maintain records of those transactions. In appropriate cir- cumstances, to further protect against malicious cyber-enabled activities, the United States must also limit certain foreign actors’ access to United States IaaS products. Further, the United States must encourage more robust cooperation among United States IaaS providers, including by increasing voluntary information sharing, to bolster efforts to thwart the actions of foreign malicious cyber actors. Accordingly, I hereby order: Section 1. Verification of Identity. Within 180 days of the date of this order, the Secretary of Commerce (Secretary) shall propose for notice and comment regulations that require United States IaaS providers to verify the identity of a foreign person that obtains an Account. These regulations shall, at a minimum: (a) set forth the minimum standards that United States IaaS providers must adopt to verify the identity of a foreign person in connection with the opening of an Account or the maintenance of an existing Account, including: VerDate Sep<11>2014 17:24 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE2.SGM 25JAE2 jbell on DSKJLSW7X2PROD with EXECORD2 6838 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (i) the types of documentation and procedures required to verify the identity of any foreign person acting as a lessee or sub-lessee of these products or services; (ii) records that United States IaaS providers must securely maintain regard- ing a foreign person that obtains an Account, including information estab- lishing: (A) the identity of such foreign person and the person’s information, including name, national identification number, and address; (B) means and source of payment (including any associated financial institution and other identifiers such as credit card number, account num- ber, customer identifier, transaction identifiers, or virtual currency wallet or wallet address identifier); (C) electronic mail address and telephonic contact information, used to verify a foreign person’s identity; and (D) internet Protocol addresses used for access or administration and the date and time of each such access or administrative action, related to ongoing verification of such foreign person’s ownership of such an Account; and (iii) methods for limiting all third-party access to the information described in this subsection, except insofar as such access is otherwise consistent with this order and allowed under applicable law; (b) take into consideration the type of Account maintained by United States IaaS providers, methods of opening an Account, and types of identi- fying information available to accomplish the objectives of identifying foreign malicious cyber actors using any such products and avoiding the imposition of an undue burden on such providers; and (c) permit the Secretary, in accordance with such standards and procedures as the Secretary may delineate and in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, to exempt any United States IaaS provider, or any specific type of Account or lessee, from the requirements of any regulation issued pursuant to this section. Such standards and proce- dures may include a finding by the Secretary that a provider, Account, or lessee complies with security best practices to otherwise deter abuse of IaaS products. Sec. 2. Special Measures for Certain Foreign Jurisdictions or Foreign Persons. (a) Within 180 days of the date of this order, the Secretary shall propose for notice and comment regulations that require United States IaaS providers to take any of the special measures described in subsection (d) of this section if the Secretary, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence and, as the Secretary deems appropriate, the heads of other executive depart- ments and agencies (agencies), finds: (i) that reasonable grounds exist for concluding that a foreign jurisdiction has any significant number of foreign persons offering United States IaaS products that are used for malicious cyber-enabled activities or any signifi- cant number of foreign persons directly obtaining United States IaaS prod- ucts for use in malicious cyber-enabled activities, in accordance with subsection (b) of this section; or (ii) that reasonable grounds exist for concluding that a foreign person has established a pattern of conduct of offering United States IaaS products that are used for malicious cyber-enabled activities or directly obtaining United States IaaS products for use in malicious cyber-enabled activities. (b) In making findings under subsection (a) of this section on the use of United States IaaS products in malicious cyber-enabled activities, the Secretary shall consider any information the Secretary determines to be relevant, as well as information pertaining to the following factors: VerDate Sep<11>2014 17:24 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE2.SGM 25JAE2 jbell on DSKJLSW7X2PROD with EXECORD2 6839 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (i) Factors related to a particular foreign jurisdiction, including: (A) evidence that foreign malicious cyber actors have obtained United States IaaS products from persons offering United States IaaS products in that foreign jurisdiction, including whether such actors obtained such IaaS products through Reseller Accounts; (B) the extent to which that foreign jurisdiction is a source of malicious cyber-enabled activities; and (C) Whether the United States has a mutual legal assistance treaty with that foreign jurisdiction, and the experience of United States law enforce- ment officials and regulatory officials in obtaining information about activi- ties involving United States IaaS products originating in or routed through such foreign jurisdiction; and (ii) Factors related to a particular foreign person, including: (A) the extent to which a foreign person uses United States IaaS products to conduct, facilitate, or promote malicious cyber-enabled activities; (B) the extent to which United States IaaS products offered by a foreign person are used to facilitate or promote malicious cyber-enabled activities; (C) the extent to which United States IaaS products offered by a foreign person are used for legitimate business purposes in the jurisdiction; and (D) the extent to which actions short of the imposition of special meas- ures pursuant to subsection (d) of this section are sufficient, with respect to transactions involving the foreign person offering United States IaaS products, to guard against malicious cyber-enabled activities. (c) In selecting which special measure or measures to take under this section, the Secretary shall consider: (i) whether the imposition of any special measure would create a significant competitive disadvantage, including any undue cost or burden associated with compliance, for United States IaaS providers; (ii) the extent to which the imposition of any special measure or the timing of the special measure would have a significant adverse effect on legitimate business activities involving the particular foreign jurisdiction or foreign person; and (iii) the effect of any special measure on United States national security, law enforcement investigations, or foreign policy. (d) The special measures referred to in subsections (a), (b), and (c) of this section are as follows: (i) Prohibitions or Conditions on Accounts within Certain Foreign Jurisdic- tions: The Secretary may prohibit or impose conditions on the opening or maintaining with any United States IaaS provider of an Account, includ- ing a Reseller Account, by any foreign person located in a foreign jurisdic- tion found to have any significant number of foreign persons offering United States IaaS products used for malicious cyber-enabled activities, or by any United States IaaS provider for or on behalf of a foreign person; and (ii) Prohibitions or Conditions on Certain Foreign Persons: The Secretary may prohibit or impose conditions on the opening or maintaining in the United States of an Account, including a Reseller Account, by any United States IaaS provider for or on behalf of a foreign person, if such an Account involves any such foreign person found to be offering United States IaaS products used in malicious cyber-enabled activities or directly obtaining United States IaaS products for use in malicious cyber-enabled activities. (e) The Secretary shall not impose requirements for United States IaaS providers to take any of the special measures described in subsection (d) of this section earlier than 180 days following the issuance of final regulations described in section 1 of this order. VerDate Sep<11>2014 17:24 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE2.SGM 25JAE2 jbell on DSKJLSW7X2PROD with EXECORD2 6840 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Sec. 3. Recommendations for Cooperative Efforts to Deter the Abuse of United States IaaS Products. (a) Within 120 days of the date of this order, the Attorney General and the Secretary of Homeland Security, in coordination with the Secretary and, as the Attorney General and the Secretary of Home- land Security deem appropriate, the heads of other agencies, shall engage and solicit feedback from industry on how to increase information sharing and collaboration among IaaS providers and between IaaS providers and the agencies to inform recommendations under subsection (b) of this section. (b) Within 240 days of the date of this order, the Attorney General and the Secretary of Homeland Security, in coordination with the Secretary, and, as the Attorney General and Secretary of Homeland Security deem appropriate, the heads of other agencies, shall develop and submit to the President a report containing recommendations to encourage: (i) voluntary information sharing and collaboration, among United States IaaS providers; and (ii) information sharing between United States IaaS providers and appro- priate agencies, including the reporting of incidents, crimes, and other threats to national security, for the purpose of preventing further harm to the United States. (c) The report and recommendations provided under subsection (b) of this section shall consider existing mechanisms for such sharing and collabo- ration, including the Cybersecurity Information Sharing Act (6 U.S.C. 1503 et seq.), and shall identify any gaps in current law, policy, or procedures. The report shall also include: (i) information related to the operations of foreign malicious cyber actors, the means by which such actors use IaaS products within the United States, malicious capabilities and tradecraft, and the extent to which per- sons in the United States are compromised or unwittingly involved in such activity; (ii) recommendations for liability protections beyond those in existing law that may be needed to encourage United States IaaS providers to share information among each other and with the United States Govern- ment; and (iii) recommendations for facilitating the detection and identification of Accounts and activities that involve foreign malicious cyber actors. Sec. 4. Ensuring Sufficient Resources for Implementation. The Secretary, in consultation with the heads of such agencies as the Secretary deems appropriate, shall identify funding requirements to support the efforts de- scribed in this order and incorporate such requirements into its annual budget submissions to the Office of Management and Budget. Sec. 5. Definitions. For the purposes of this order, the following definitions apply: (a) The term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) The term ‘‘foreign jurisdiction’’ means any country, subnational terri- tory, or region, other than those subject to the civil or military jurisdiction of the United States, in which any person or group of persons exercises sovereign de facto or de jure authority, including any such country, sub- national territory, or region in which a person or group of persons is assuming to exercise governmental authority whether such a person or group of persons has or has not been recognized by the United States; (c) The term ‘‘foreign person’’ means a person that is not a United States person; (d) The term ‘‘Infrastructure as a Service Account’’ or ‘‘Account’’ means a formal business relationship established to provide IaaS products to a person in which details of such transactions are recorded. (e) The term ‘‘Infrastructure as a Service Product’’ means any product or service offered to a consumer, including complimentary or ‘‘trial’’ offerings, VerDate Sep<11>2014 17:24 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE2.SGM 25JAE2 jbell on DSKJLSW7X2PROD with EXECORD2 6841 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents that provides processing, storage, networks, or other fundamental computing resources, and with which the consumer is able to deploy and run software that is not predefined, including operating systems and applications. The consumer typically does not manage or control most of the underlying hardware but has control over the operating systems, storage, and any de- ployed applications. The term is inclusive of ‘‘managed’’ products or services, in which the provider is responsible for some aspects of system configuration or maintenance, and ‘‘unmanaged’’ products or services, in which the pro- vider is only responsible for ensuring that the product is available to the consumer. The term is also inclusive of ‘‘virtualized’’ products and services, in which the computing resources of a physical machine are split between virtualized computers accessible over the internet (e.g., ‘‘virtual private serv- ers’’), and ‘‘dedicated’’ products or services in which the total computing resources of a physical machine are provided to a single person (e.g., ‘‘bare- metal’’ servers); (f) The term ‘‘malicious cyber-enabled activities’’ refers to activities, other than those authorized by or in accordance with United States law that seek to compromise or impair the confidentiality, integrity, or availability of computer, information, or communications systems, networks, physical or virtual infrastructure controlled by computers or information systems, or information resident thereon; (g) The term ‘‘person’’ means an individual or entity; (h) The term ‘‘Reseller Account’’ means an Infrastructure as a Service Account established to provide IaaS products to a person who will then offer those products subsequently, in whole or in part, to a third party. (i) The term ‘‘United States Infrastructure as a Service Product’’ means any Infrastructure as a Service Product owned by any United States person or operated within the territory of the United States of America; (j) The term ‘‘United States Infrastructure as a Service Provider’’ means any United States Person that offers any Infrastructure as a Service Product; (k) The term ‘‘United States person’’ means any United States citizen, lawful permanent resident of the United States as defined by the Immigration and Nationality Act, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person located in the United States; Sec. 6. Amendment to Reporting Authorizations. Section (9) of Executive Order 13694, as amended, is further amended to read as follows: ‘‘Sec. 9. The Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and the Secretary of Commerce, is hereby authorized to submit the recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).’’ Sec. 7. General Provisions. (a) The Secretary, in consultation with the heads of such other agencies as the Secretary deems appropriate, is hereby author- ized to take such actions, including the promulgation of rules and regulations, and employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary may redelegate any of these functions to other officers within the Department of Commerce, consistent with applicable law. All departments and agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 17:24 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE2.SGM 25JAE2 jbell on DSKJLSW7X2PROD with EXECORD2 6842 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (d) Nothing in this order prohibits or otherwise restricts authorized intel- ligence, military, law enforcement, or other activities in furtherance of na- tional security or public safety activities. (e) 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, January 19, 2021. [FR Doc. 2021–01714 Filed 1–22–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 17:24 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE2.SGM 25JAE2 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD2

Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber- Enabled Activities

2021-01-19T00:00:00

45e47ef16a173df8e330594d4169c711d5de113cbbc5faa9369c9af3dd71b93e

Presidential Executive Order

2021-01753 (13985)

Presidential Documents 7009 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Executive Order 13985 of January 20, 2021 Advancing Racial Equity and Support for Underserved Com- munities Through the Federal Government By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1. Policy. Equal opportunity is the bedrock of American democracy, and our diversity is one of our country’s greatest strengths. But for too many, the American Dream remains out of reach. Entrenched disparities in our laws and public policies, and in our public and private institutions, have often denied that equal opportunity to individuals and communities. Our country faces converging economic, health, and climate crises that have exposed and exacerbated inequities, while a historic movement for justice has highlighted the unbearable human costs of systemic racism. Our Nation deserves an ambitious whole-of-government equity agenda that matches the scale of the opportunities and challenges that we face. It is therefore the policy of my Administration that the Federal Government should pursue a comprehensive approach to advancing equity for all, includ- ing people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. Affirmatively advancing equity, civil rights, racial justice, and equal oppor- tunity is the responsibility of the whole of our Government. Because advanc- ing equity requires a systematic approach to embedding fairness in decision- making processes, executive departments and agencies (agencies) must recog- nize and work to redress inequities in their policies and programs that serve as barriers to equal opportunity. By advancing equity across the Federal Government, we can create opportuni- ties for the improvement of communities that have been historically under- served, which benefits everyone. For example, an analysis shows that closing racial gaps in wages, housing credit, lending opportunities, and access to higher education would amount to an additional $5 trillion in gross domestic product in the American economy over the next 5 years. The Federal Govern- ment’s goal in advancing equity is to provide everyone with the opportunity to reach their full potential. Consistent with these aims, each agency must assess whether, and to what extent, its programs and policies perpetuate systemic barriers to opportunities and benefits for people of color and other underserved groups. Such assessments will better equip agencies to develop policies and programs that deliver resources and benefits equitably to all. Sec. 2. Definitions. For purposes of this order: (a) The term ‘‘equity’’ means the consistent and systematic fair, just, and impartial treatment of all individ- uals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality. (b) The term ‘‘underserved communities’’ refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the preceding definition of ‘‘equity.’’ VerDate Sep<11>2014 19:59 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE4.SGM 25JAE4 jbell on DSKJLSW7X2PROD with EXECORD4 7010 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Sec. 3. Role of the Domestic Policy Council. The role of the White House Domestic Policy Council (DPC) is to coordinate the formulation and imple- mentation of my Administration’s domestic policy objectives. Consistent with this role, the DPC will coordinate efforts to embed equity principles, policies, and approaches across the Federal Government. This will include efforts to remove systemic barriers to and provide equal access to opportuni- ties and benefits, identify communities the Federal Government has under- served, and develop policies designed to advance equity for those commu- nities. The DPC-led interagency process will ensure that these efforts are made in coordination with the directors of the National Security Council and the National Economic Council. Sec. 4. Identifying Methods to Assess Equity. (a) The Director of the Office of Management and Budget (OMB) shall, in partnership with the heads of agencies, study methods for assessing whether agency policies and actions create or exacerbate barriers to full and equal participation by all eligible individuals. The study should aim to identify the best methods, consistent with applicable law, to assist agencies in assessing equity with respect to race, ethnicity, religion, income, geography, gender identity, sexual orienta- tion, and disability. (b) As part of this study, the Director of OMB shall consider whether to recommend that agencies employ pilot programs to test model assessment tools and assist agencies in doing so. (c) Within 6 months of the date of this order, the Director of OMB shall deliver a report to the President describing the best practices identified by the study and, as appropriate, recommending approaches to expand use of those methods across the Federal Government. Sec. 5. Conducting an Equity Assessment in Federal Agencies. The head of each agency, or designee, shall, in consultation with the Director of OMB, select certain of the agency’s programs and policies for a review that will assess whether underserved communities and their members face systemic barriers in accessing benefits and opportunities available pursuant to those policies and programs. The head of each agency, or designee, shall conduct such review and within 200 days of the date of this order provide a report to the Assistant to the President for Domestic Policy (APDP) reflecting findings on the following: (a) Potential barriers that underserved communities and individuals may face to enrollment in and access to benefits and services in Federal programs; (b) Potential barriers that underserved communities and individuals may face in taking advantage of agency procurement and contracting opportuni- ties; (c) Whether new policies, regulations, or guidance documents may be necessary to advance equity in agency actions and programs; and (d) The operational status and level of institutional resources available to offices or divisions within the agency that are responsible for advancing civil rights or whose mandates specifically include serving underrepresented or disadvantaged communities. Sec. 6. Allocating Federal Resources to Advance Fairness and Opportunity. The Federal Government should, consistent with applicable law, allocate resources to address the historic failure to invest sufficiently, justly, and equally in underserved communities, as well as individuals from those communities. To this end: (a) The Director of OMB shall identify opportunities to promote equity in the budget that the President submits to the Congress. (b) The Director of OMB shall, in coordination with the heads of agencies, study strategies, consistent with applicable law, for allocating Federal re- sources in a manner that increases investment in underserved communities, as well as individuals from those communities. The Director of OMB shall report the findings of this study to the President. VerDate Sep<11>2014 19:59 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE4.SGM 25JAE4 jbell on DSKJLSW7X2PROD with EXECORD4 7011 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Sec. 7. Promoting Equitable Delivery of Government Benefits and Equitable Opportunities. Government programs are designed to serve all eligible indi- viduals. And Government contracting and procurement opportunities should be available on an equal basis to all eligible providers of goods and services. To meet these objectives and to enhance compliance with existing civil rights laws: (a) Within 1 year of the date of this order, the head of each agency shall consult with the APDP and the Director of OMB to produce a plan for addressing: (i) any barriers to full and equal participation in programs identified pursuant to section 5(a) of this order; and (ii) any barriers to full and equal participation in agency procurement and contracting opportunities identified pursuant to section 5(b) of this order. (b) The Administrator of the U.S. Digital Service, the United States Chief Technology Officer, the Chief Information Officer of the United States, and the heads of other agencies, or their designees, shall take necessary actions, consistent with applicable law, to support agencies in developing such plans. Sec. 8. Engagement with Members of Underserved Communities. In carrying out this order, agencies shall consult with members of communities that have been historically underrepresented in the Federal Government and underserved by, or subject to discrimination in, Federal policies and pro- grams. The head of each agency shall evaluate opportunities, consistent with applicable law, to increase coordination, communication, and engage- ment with community-based organizations and civil rights organizations. Sec. 9. Establishing an Equitable Data Working Group. Many Federal datasets are not disaggregated by race, ethnicity, gender, disability, income, veteran status, or other key demographic variables. This lack of data has cascading effects and impedes efforts to measure and advance equity. A first step to promoting equity in Government action is to gather the data necessary to inform that effort. (a) Establishment. There is hereby established an Interagency Working Group on Equitable Data (Data Working Group). (b) Membership. (i) The Chief Statistician of the United States and the United States Chief Technology Officer shall serve as Co-Chairs of the Data Working Group and coordinate its work. The Data Working Group shall include representa- tives of agencies as determined by the Co-Chairs to be necessary to com- plete the work of the Data Working Group, but at a minimum shall include the following officials, or their designees: (A) the Director of OMB; (B) the Secretary of Commerce, through the Director of the U.S. Census Bureau; (C) the Chair of the Council of Economic Advisers; (D) the Chief Information Officer of the United States; (E) the Secretary of the Treasury, through the Assistant Secretary of the Treasury for Tax Policy; (F) the Chief Data Scientist of the United States; and (G) the Administrator of the U.S. Digital Service. (ii) The DPC shall work closely with the Co-Chairs of the Data Working Group and assist in the Data Working Group’s interagency coordination functions. (iii) The Data Working Group shall consult with agencies to facilitate the sharing of information and best practices, consistent with applicable law. (c) Functions. The Data Working Group shall: VerDate Sep<11>2014 19:59 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE4.SGM 25JAE4 jbell on DSKJLSW7X2PROD with EXECORD4 7012 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (i) through consultation with agencies, study and provide recommendations to the APDP identifying inadequacies in existing Federal data collection programs, policies, and infrastructure across agencies, and strategies for addressing any deficiencies identified; and (ii) support agencies in implementing actions, consistent with applicable law and privacy interests, that expand and refine the data available to the Federal Government to measure equity and capture the diversity of the American people. (d) OMB shall provide administrative support for the Data Working Group, consistent with applicable law. Sec. 10. Revocation. (a) Executive Order 13950 of September 22, 2020 (Com- bating Race and Sex Stereotyping), is hereby revoked. (b) The heads of agencies covered by Executive Order 13950 shall review and identify proposed and existing agency actions related to or arising from Executive Order 13950. The head of each agency shall, within 60 days of the date of this order, consider suspending, revising, or rescinding any such actions, including all agency actions to terminate or restrict con- tracts or grants pursuant to Executive Order 13950, as appropriate and consistent with applicable law. (c) Executive Order 13958 of November 2, 2020 (Establishing the President’s Advisory 1776 Commission), is hereby revoked. Sec. 11. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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) Independent agencies are strongly encouraged to comply with the provisions of this order. VerDate Sep<11>2014 19:59 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE4.SGM 25JAE4 jbell on DSKJLSW7X2PROD with EXECORD4 7013 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (d) 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, January 20, 2021. [FR Doc. 2021–01753 Filed 1–22–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 19:59 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE4.SGM 25JAE4 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD4

Advancing Racial Equity and Support for Underserved Communities Through the Federal Government

2021-01-20T00:00:00

29243f0ecf8cecbe82d0efa7da71f7e5230d6f0e72d81dbb79b99ddf285b43dd

Presidential Executive Order

2021-01762 (13989)

Presidential Documents 7029 Federal Register Vol. 86, No. 14 Monday, January 25, 2021 Title 3— The President Executive Order 13989 of January 20, 2021 Ethics Commitments by Executive Branch Personnel By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and sections 3301 and 7301 of title 5, United States Code, it is hereby ordered as follows: Section 1. Ethics Pledge. Every appointee in every executive agency appointed on or after January 20, 2021, shall sign, and upon signing shall be contrac- tually committed to, the following pledge upon becoming an appointee: ‘‘I recognize that this pledge is part of a broader ethics in government plan designed to restore and maintain public trust in government, and I commit myself to conduct consistent with that plan. I commit to decision- making on the merits and exclusively in the public interest, without regard to private gain or personal benefit. I commit to conduct that upholds the independence of law enforcement and precludes improper interference with investigative or prosecutorial decisions of the Department of Justice. I commit to ethical choices of post-Government employment that do not raise the appearance that I have used my Government service for private gain, includ- ing by using confidential information acquired and relationships established for the benefit of future clients. ‘‘Accordingly, as a condition, and in consideration, of my employment in the United States Government in a position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law: ‘‘1. Lobbyist Gift Ban. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee. ‘‘2. Revolving Door Ban—All Appointees Entering Government. I will not for a period of 2 years from the date of my appointment participate in any particular matter involving specific parties that is directly and substan- tially related to my former employer or former clients, including regulations and contracts. ‘‘3. Revolving Door Ban—Lobbyists and Registered Agents Entering Govern- ment. If I was registered under the Lobbying Disclosure Act, 2 U.S.C. 1601 et seq., or the Foreign Agents Registration Act (FARA), 22 U.S.C. 611 et seq., within the 2 years before the date of my appointment, in addition to abiding by the limitations of paragraph 2, I will not for a period of 2 years after the date of my appointment: (a) participate in any particular matter on which I lobbied, or engaged in registrable activity under FARA, within the 2 years before the date of my appointment; (b) participate in the specific issue area in which that particular matter falls; or (c) seek or accept employment with any executive agency with respect to which I lobbied, or engaged in registrable activity under FARA, within the 2 years before the date of my appointment. ‘‘4. Revolving Door Ban—Appointees Leaving Government. If, upon my depar- ture from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, and its implementing VerDate Sep<11>2014 20:52 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\25JAE3.SGM 25JAE3 jbell on DSKJLSW7X2PROD with EXECORD3 7030 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents regulations, I agree that I will abide by those restrictions for a period of 2 years following the end of my appointment. I will abide by these same restrictions with respect to communicating with the senior White House staff. ‘‘5. Revolving Door Ban—Senior and Very Senior Appointees Leaving Govern- ment. If, upon my departure from the Government, I am covered by the post-employment restrictions set forth in sections 207(c) or 207(d) of title 18, United States Code, and those sections’ implementing regulations, I agree that, in addition, for a period of 1 year following the end of my appointment, I will not materially assist others in making communications or appearances that I am prohibited from undertaking myself by (a) holding myself out as being available to engage in lobbying activities in support of any such communications or appearances; or (b) engaging in any such lobbying activities. ‘‘6. Revolving Door Ban—Appointees Leaving Government to Lobby. In addi- tion to abiding by the limitations of paragraph 4, I also agree, upon leaving Government service, not to lobby any covered executive branch official or non-career Senior Executive Service appointee, or engage in any activity on behalf of any foreign government or foreign political party which, were it undertaken on January 20, 2021, would require that I register under FARA, for the remainder of the Administration or 2 years following the end of my appointment, whichever is later. ‘‘7. Golden Parachute Ban. I have not accepted and will not accept, including after entering Government, any salary or other cash payment from my former employer the eligibility for and payment of which is limited to individuals accepting a position in the United States Government. I also have not accept- ed and will not accept any non-cash benefit from my former employer that is provided in lieu of such a prohibited cash payment. ‘‘8. Employment Qualification Commitment. I agree that any hiring or other employment decisions I make will be based on the candidate’s qualifications, competence, and experience. ‘‘9. Assent to Enforcement. I acknowledge that the Executive Order entitled ‘Ethics Commitments by Executive Branch Personnel,’ issued by the President on January 20, 2021, which I have read before signing this document, defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that Executive Order as a part of this agreement and as binding on me. I under- stand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service.’’ Sec. 2. Definitions. For purposes of this order and the pledge set forth in section 1 of this order: (a) ‘‘Executive agency’’ shall include each ‘‘executive agency’’ as defined by section 105 of title 5, United States Code, and shall include the Executive Office of the President; provided, however, that ‘‘executive agency’’ shall include the United States Postal Service and Postal Regulatory Commission, but shall exclude the Government Accountability Office. (b) ‘‘Appointee’’ shall include every full-time, non-career Presidential or Vice-Presidential appointee, non-career appointee in the Senior Executive Service (or other SES-type system), and appointee to a position that has been excepted from the competitive service by reason of being of a confiden- tial or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency. It does not include any person appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer. (c) ‘‘Gift’’: (i) shall have the definition set forth in section 2635.203(b) of title 5, Code of Federal Regulations; VerDate Sep<11>2014 20:52 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\25JAE3.SGM 25JAE3 jbell on DSKJLSW7X2PROD with EXECORD3 7031 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (ii) shall include gifts that are solicited or accepted indirectly, as defined in section 2635.203(f) of title 5, Code of Federal Regulations; and (iii) shall exclude those items excluded by sections 2635.204(b), (c), (e)(1) and (3), and (j) through (l) of title 5, Code of Federal Regulations. (d) ‘‘Covered executive branch official’’ and ‘‘lobbyist’’ shall have the definitions set forth in section 1602 of title 2, United States Code. (e) ‘‘Registered lobbyist or lobbying organization’’ shall mean a lobbyist or an organization filing a registration pursuant to section 1603(a) of title 2, United States Code, and in the case of an organization filing such a registration, ‘‘registered lobbyist’’ shall include each of the lobbyists identi- fied therein. (f) ‘‘Lobby’’ and ‘‘lobbied’’ shall mean to act or have acted as a registered lobbyist. (g) ‘‘Lobbying activities’’ shall have the definition set forth in section 1602 of title 2, United States Code. (h) ‘‘Materially assist’’ means to provide substantive assistance but does not include providing background or general education on a matter of law or policy based upon an individual’s subject matter expertise, nor any con- duct or assistance permitted under section 207(j) of title 18, United States Code. (i) ‘‘Particular matter’’ shall have the same meaning as set forth in section 207 of title 18, United States Code, and section 2635.402(b)(3) of title 5, Code of Federal Regulations. (j) ‘‘Particular matter involving specific parties’’ shall have the same mean- ing as set forth in section 2641.201(h) of title 5, Code of Federal Regulations, except that it shall also include any meeting or other communication relating to the performance of one’s official duties with a former employer or former client, unless the communication applies to a particular matter of general applicability and participation in the meeting or other event is open to all interested parties. (k) ‘‘Former employer’’ is any person for whom the appointee has within the 2 years prior to the date of his or her appointment served as an employee, officer, director, trustee, or general partner, except that ‘‘former employer’’ does not include any executive agency or other entity of the Federal Govern- ment, State or local government, the District of Columbia, Native American tribe, any United States territory or possession, or any international organiza- tion in which the United States is a member state. (l) ‘‘Former client’’ is any person for whom the appointee served personally as agent, attorney, or consultant within the 2 years prior to the date of his or her appointment, but excluding instances where the service provided was limited to speeches or similar appearances. It does not include clients of the appointee’s former employer to whom the appointee did not personally provide services. (m) ‘‘Directly and substantially related to my former employer or former clients’’ shall mean matters in which the appointee’s former employer or a former client is a party or represents a party. (n) ‘‘Participate’’ means to participate personally and substantially. (o) ‘‘Government official’’ means any employee of the executive branch. (p) ‘‘Administration’’ means all terms of office of the incumbent President serving at the time of the appointment of an appointee covered by this order. (q) ‘‘Pledge’’ means the ethics pledge set forth in section 1 of this order. (r) ‘‘Senior White House staff’’ means any person appointed by the Presi- dent to a position under sections 105(a)(2)(A) or (B) of title 3, United States Code, or by the Vice President to a position under sections 106(a)(1)(A) or (B) of title 3. VerDate Sep<11>2014 20:52 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\25JAE3.SGM 25JAE3 jbell on DSKJLSW7X2PROD with EXECORD3 7032 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (s) All references to provisions of law and regulations shall refer to such provisions as are in effect on January 20, 2021. Sec. 3. Waiver. (a) The Director of the Office of Management and Budget (OMB), in consultation with the Counsel to the President, may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the Director of OMB certifies in writing: (i) that the literal application of the restriction is inconsistent with the purposes of the restriction; or (ii) that it is in the public interest to grant the waiver. Any such written waiver should reflect the basis for the waiver and, in the case of a waiver of the restrictions set forth in paragraphs 3(b) and (c) of the pledge, a discussion of the findings with respect to the factors set forth in subsection (b) of this section. (b) A waiver shall take effect when the certification is signed by the Director of OMB and shall be made public within 10 days thereafter. (c) The public interest shall include, but not be limited to, exigent cir- cumstances relating to national security, the economy, public health, or the environment. In determining whether it is in the public interest to grant a waiver of the restrictions contained in paragraphs 3(b) and (c) of the pledge, the responsible official may consider the following factors: (i) the government’s need for the individual’s services, including the exist- ence of special circumstances related to national security, the economy, public health, or the environment; (ii) the uniqueness of the individual’s qualifications to meet the govern- ment’s needs; (iii) the scope and nature of the individual’s prior lobbying activities, including whether such activities were de minimis or rendered on behalf of a nonprofit organization; and (iv) the extent to which the purposes of the restriction may be satisfied through other limitations on the individual’s services, such as those re- quired by paragraph 3(a) of the pledge. Sec. 4. Administration. (a) The head of every executive agency shall, in consultation with the Director of the Office of Government Ethics, establish such rules or procedures (conforming as nearly as practicable to the agency’s general ethics rules and procedures, including those relating to designated agency ethics officers) as are necessary or appropriate to ensure: (i) that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee; (ii) that compliance with paragraph 3 of the pledge is addressed in a written ethics agreement with each appointee to whom it applies, which agreement shall also be approved by the Counsel to the President prior to the appointee commencing work; (iii) that spousal employment issues and other conflicts not expressly addressed by the pledge are addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and (iv) that the agency generally complies with this order. (b) With respect to the Executive Office of the President, the duties set forth in section 4(a) of this order shall be the responsibility of the Counsel to the President. (c) The Director of the Office of Government Ethics shall: (i) ensure that the pledge and a copy of this order are made available for use by agencies in fulfilling their duties under section 4(a) of this order; VerDate Sep<11>2014 20:52 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\25JAE3.SGM 25JAE3 jbell on DSKJLSW7X2PROD with EXECORD3 7033 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (ii) in consultation with the Attorney General or the Counsel to the Presi- dent, when appropriate, assist designated agency ethics officers in pro- viding advice to current or former appointees regarding the application of the pledge; and (iii) in consultation with the Attorney General and the Counsel to the President, adopt such rules or procedures as are necessary or appropriate: (A) to carry out the foregoing responsibilities; (B) to authorize limited exceptions to the lobbyist gift ban for cir- cumstances that do not implicate the purposes of the ban; (C) to make clear that no person shall have violated the lobbyist gift ban if the person properly disposes of a gift as provided by section 2635.206 of title 5, Code of Federal Regulations; (D) to ensure that existing rules and procedures for Government employ- ees engaged in negotiations for future employment with private businesses that are affected by the employees’ official actions do not affect the integrity of the Government’s programs and operations; (E) to ensure, in consultation with the Director of the Office of Personnel Management, that the requirement set forth in paragraph 6 of the pledge is honored by every employee of the executive branch; (iv) in consultation with the Director of OMB, report to the President on whether full compliance is being achieved with existing laws and regulations governing executive branch procurement lobbying disclosure. This report shall include recommendations on steps the executive branch can take to expand, to the fullest extent practicable, disclosure of both executive branch procurement lobbying and of lobbying for Presidential pardons. These recommendations shall include both immediate actions the executive branch can take and, if necessary, recommendations for legislation; and (v) provide an annual public report on the administration of the pledge and this order. (d) The Director of the Office of Government Ethics shall, in consultation with the Attorney General, the Counsel to the President, and the Director of the Office of Personnel Management, report to the President on steps the executive branch can take to expand to the fullest extent practicable the revolving door ban set forth in paragraph 5 of the pledge to all executive branch employees who are involved in the procurement process such that they may not for 2 years after leaving Government service lobby any Govern- ment official regarding a Government contract that was under their official responsibility in the last 2 years of their Government service. This report shall include both immediate actions the executive branch can take and, if necessary, recommendations for legislation. (e) All pledges signed by appointees, and all waiver certifications with respect thereto, shall be filed with the head of the appointee’s agency for permanent retention in the appointee’s official personnel folder or equivalent folder. Sec. 5. Enforcement. (a) The contractual, fiduciary, and ethical commitments in the pledge provided for herein are solely enforceable by the United States pursuant to this section by any legally available means, including debarment proceedings within any affected executive agency or judicial civil proceedings for declaratory, injunctive, or monetary relief. (b) Any former appointee who is determined, after notice and hearing, by the duly designated authority within any agency, to have violated his or her pledge may be barred from lobbying any officer or employee of that agency for up to 5 years in addition to the time period covered by the pledge. The head of every executive agency shall, in consultation with the Director of the Office of Government Ethics, establish procedures to implement this subsection, which procedures shall include (but not be lim- ited to) providing for fact-finding and investigation of possible violations VerDate Sep<11>2014 20:52 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\25JAE3.SGM 25JAE3 jbell on DSKJLSW7X2PROD with EXECORD3 7034 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents of this order and for referrals to the Attorney General for consideration pursuant to subsection (c) of this order. (c) The Attorney General is authorized: (i) upon receiving information regarding the possible breach of any commit- ment in a signed pledge, to request any appropriate Federal investigative authority to conduct such investigations as may be appropriate; and (ii) upon determining that there is a reasonable basis to believe that a breach of a commitment has occurred or will occur or continue, if not enjoined, to commence a civil action against the former employee in any United States District Court with jurisdiction to consider the matter. (d) In any such civil action, the Attorney General is authorized to request any and all relief authorized by law, including but not limited to: (i) such temporary restraining orders and preliminary and permanent in- junctions as may be appropriate to restrain future, recurring, or continuing conduct by the former employee in breach of the commitments in the pledge he or she signed; and (ii) establishment of a constructive trust for the benefit of the United States, requiring an accounting and payment to the United States Treasury of all money and other things of value received by, or payable to, the former employee arising out of any breach or attempted breach of the pledge signed by the former employee. Sec. 6. General Provisions. (a) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order and other dissimilar applications of such provision shall not be affected. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 20:52 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\25JAE3.SGM 25JAE3 jbell on DSKJLSW7X2PROD with EXECORD3 7035 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (d) 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, January 20, 2021. [FR Doc. 2021–01762 Filed 1–22–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:52 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\25JAE3.SGM 25JAE3 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD3

Ethics Commitments by Executive Branch Personnel

2021-01-20T00:00:00

f476003f2f410932086aeb5e6b5138e0f5c42a22c5db7d31f993173d6746004f

Presidential Executive Order

2021-01755 (13986)

Presidential Documents 7015 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Executive Order 13986 of January 20, 2021 Ensuring a Lawful and Accurate Enumeration and Appor- tionment Pursuant to the Decennial Census By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1. Background. We have long guaranteed all of the Nation’s inhab- itants representation in the House of Representatives. This tradition is foundational to our representative democracy, for our elected representatives have a responsibility to represent the interests of all people residing in the United States and affected by our laws. This tradition also respects the dignity and humanity of every person. Accordingly, the executive branch has always determined the population of each State, for purposes of congres- sional representation, without regard to whether its residents are in lawful immigration status. The census and apportionment processes are enshrined in the Constitution. The Fourteenth Amendment apportions seats in the House of Representatives ‘‘among the several States according to their respective numbers, counting the whole number of persons in each State.’’ (U.S. Const. amend. XIV, sec. 2.) Article I, in turn, provides that, in order to determine those numbers, an ‘‘actual Enumeration’’ of the population of the United States must be conducted every 10 years. (U.S. Const. art. I, sec. 2, cl. 3.) The Congress has assigned responsibility for conducting the decennial census to the Sec- retary of Commerce (Secretary). (13 U.S.C. 141(a).) Once the Secretary, through the Director of the U.S. Census Bureau, takes the count, the President must carry out the apportionment of Representatives among the States. The Secretary prepares the ‘‘tabulation of total population by States . . . as required for the apportionment of Representatives,’’ and reports that tabulation to the President. (13 U.S.C. 141(b).) The President then sends a statement to the Congress showing ‘‘the whole number of persons in each State,’’ as ascertained under the census, and ‘‘the number of Representatives to which each State would be entitled under’’ the equal proportions apportionment method. (2 U.S.C. 2a(a).) The Clerk of the House of Representatives then transmits to each State a certification of the number of seats that the State receives under that apportionment. (2 U.S.C. 2a(b).) Finally, within 1 year of the decennial census date, the Secretary must also report to the Governor and officers or public bodies having responsibility for legislative apportionment or districting of each State the population tabulations to be used for apportioning districts within that State. (13 U.S.C. 141(c).) At no point since our Nation’s Founding has a person’s immigration status alone served as a basis for excluding that person from the total population count used in apportionment. Before the Civil War and the abolition of slavery, the Constitution did not give equal weight to every person counted under the census. (U.S. Const. art. 1, sec. 2.) In accord with constitutional and statutory requirements, however, every apportionment since ratification of the Fourteenth Amendment has calculated each State’s share of Representa- tives based on ‘‘the whole number of persons in each State,’’ excluding only ‘‘Indians not taxed’’—an express constitutional exception that no longer has legal or practical effect. (U.S. Const. amend. XIV, sec. 2; 2 U.S.C. 2a(a).) The term ‘‘persons in each State’’ has always been understood to include every person whose usual place of residence was in that State as of the VerDate Sep<11>2014 20:02 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE6.SGM 25JAE6 jbell on DSKJLSW7X2PROD with EXECORD6 7016 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents designated census date. (See, e.g., Act of Mar. 1, 1790, ch. 2, secs. 1, 5, 1 Stat. 101, 103; Franklin v. Massachusetts, 505 U.S. 788, 804 (1992).) This unbroken practice has ensured that ‘‘the basis of representation in the House’’ is ‘‘every individual of the community at large.’’ (Evenwel v. Abbott, 136 S. Ct. 1120, 1127 (2016) (emphasis and quotation marks omitted).) And it reflects a sound policy judgment that the apportionment base be both clear and insulated against manipulation designed to affect the balance of power among the States. During the 2020 Census, the President announced a policy that broke from this long tradition. It aimed to produce a different apportionment base— one that would, to the maximum extent feasible, exclude persons who are not in a lawful immigration status. See Presidential Memorandum of July 21, 2020 (Excluding Illegal Aliens From the Apportionment Base Fol- lowing the 2020 Census). This policy conflicted with the principle of equal representation enshrined in our Constitution, census statutes, and historical tradition. The policy further required the Census Bureau to inappropriately rely on records related to immigration status that were likely to be incomplete and inaccurate. Sec. 2. Policy. Both the Fourteenth Amendment of the United States Constitu- tion and section 2a(a) of title 2, United States Code, require that the apportion- ment base of each State, for the purpose of the reapportionment of Representa- tives following the decennial census, include all persons whose usual place of residence was in that State as of the designated census date, regardless of their immigration status. These laws, affirmed by the executive branch’s longstanding historical practice, do not permit the exclusion of inhabitants of the United States from the apportionment base solely on the ground that they lack a lawful immigration status. Reflecting this legal background, and the values of equal representation and respect that the Constitution and laws embody, it is the policy of the United States that reapportionment shall be based on the total number of persons residing in the several States, without regard for immigration status. It is likewise essential that the census count be accurate and based on reliable and high-quality data. Sec. 3. Ensuring that the Apportionment Base and State-Level Tabulations Include All Inhabitants of Each State. In preparing the report to the President required under section 141(b) of title 13, United States Code, the Secretary shall report the tabulation of total population by State that reflects the whole number of persons whose usual residence was in each State as of the designated census date in section 141(a) of title 13, United States Code, without regard to immigration status. In addition, the Secretary shall use tabulations of population reflecting the whole number of persons whose usual residence was in each State as of the census date, without regard to immigration status, in reports provided to the Governor and officers or public bodies having responsibility for legislative apportionment or dis- tricting of each State under section 141(c) of title 13, United States Code. Sec. 4. Data Quality. The Secretary shall take all necessary steps, consistent with law, to ensure that the total population information presented to the President and to the States is accurate and complies with all applicable laws. Sec. 5. Revocation. Executive Order 13880 of July 11, 2019 (Collecting Information About Citizenship Status in Connection With the Decennial Census), and the Presidential Memorandum of July 21, 2020 (Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census), are hereby revoked. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. VerDate Sep<11>2014 20:56 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE6.SGM 25JAE6 jbell on DSKJLSW7X2PROD with EXECORD6 7017 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (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, January 20, 2021. [FR Doc. 2021–01755 Filed 1–22–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:02 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE6.SGM 25JAE6 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD6

Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census

2021-01-20T00:00:00

13880801873fceadbc8f076e9ba717efae4b746f83dcba6c21b0bb4a097503df

Presidential Executive Order

2021-01761 (13988)

Presidential Documents 7023 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Executive Order 13988 of January 20, 2021 Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Every person should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love. Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports. Adults should be able to earn a living and pursue a vocation knowing that they will not be fired, demoted, or mistreated because of whom they go home to or because how they dress does not conform to sex-based stereotypes. People should be able to access healthcare and secure a roof over their heads without being subjected to sex discrimination. All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation. These principles are reflected in the Constitution, which promises equal protection of the laws. These principles are also enshrined in our Nation’s anti-discrimination laws, among them Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.). In Bostock v. Clayton County, 590 U.S.l(2020), the Supreme Court held that Title VII’s prohibition on discrimination ‘‘because of . . . sex’’ covers discrimination on the basis of gender identity and sexual orientation. Under Bostock’s reasoning, laws that prohibit sex discrimination—including Title IX of the Education Amend- ments of 1972, as amended (20 U.S.C. 1681 et seq.), the Fair Housing Act, as amended (42 U.S.C. 3601 et seq.), and section 412 of the Immigration and Nationality Act, as amended (8 U.S.C. 1522), along with their respective implementing regulations—prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary. Discrimination on the basis of gender identity or sexual orientation manifests differently for different individuals, and it often overlaps with other forms of prohibited discrimination, including discrimination on the basis of race or disability. For example, transgender Black Americans face unconscionably high levels of workplace discrimination, homelessness, and violence, includ- ing fatal violence. It is the policy of my Administration to prevent and combat discrimination on the basis of gender identity or sexual orientation, and to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation. It is also the policy of my Administration to address overlapping forms of discrimination. Sec. 2. Enforcing Prohibitions on Sex Discrimination on the Basis of Gender Identity or Sexual Orientation. (a) The head of each agency shall, as soon as practicable and in consultation with the Attorney General, as appropriate, review all existing orders, regulations, guidance documents, policies, pro- grams, or other agency actions (‘‘agency actions’’) that: (i) were promulgated or are administered by the agency under Title VII or any other statute or regulation that prohibits sex discrimination, includ- ing any that relate to the agency’s own compliance with such statutes or regulations; and VerDate Sep<11>2014 20:34 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE11.SGM 25JAE11 jbell on DSKJLSW7X2PROD with EXECORD11 7024 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (ii) are or may be inconsistent with the policy set forth in section 1 of this order. (b) The head of each agency shall, as soon as practicable and as appropriate and consistent with applicable law, including the Administrative Procedure Act (5 U.S.C. 551 et seq.), consider whether to revise, suspend, or rescind such agency actions, or promulgate new agency actions, as necessary to fully implement statutes that prohibit sex discrimination and the policy set forth in section 1 of this order. (c) The head of each agency shall, as soon as practicable, also consider whether there are additional actions that the agency should take to ensure that it is fully implementing the policy set forth in section 1 of this order. If an agency takes an action described in this subsection or subsection (b) of this section, it shall seek to ensure that it is accounting for, and taking appropriate steps to combat, overlapping forms of discrimination, such as discrimination on the basis of race or disability. (d) Within 100 days of the date of this order, the head of each agency shall develop, in consultation with the Attorney General, as appropriate, a plan to carry out actions that the agency has identified pursuant to sub- sections (b) and (c) of this section, as appropriate and consistent with applicable law. Sec. 3. Definition. ‘‘Agency’’ means any authority of the United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 20:34 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE11.SGM 25JAE11 jbell on DSKJLSW7X2PROD with EXECORD11 7025 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (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, January 20, 2021. [FR Doc. 2021–01761 Filed 1–22–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:34 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE11.SGM 25JAE11 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD11

Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation

2021-01-20T00:00:00

b7f6307b309379eecc784d2c399684b700e0fc84fd846b2ea4ff8f57f9a58af6

Presidential Executive Order

2021-01713 (13983)

Presidential Documents 6835 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Executive Order 13983 of January 19, 2021 Revocation of Executive Order 13770 By the authority vested in me as President of the United States by the Constitution and laws of the United States of America, including section 301 of title 3, United States Code, and sections 3301 and 7301 of title 5, United States Code, it is hereby ordered as follows: Section 1. Revocation. Executive Order 13770 of January 28, 2017, ‘‘Ethics Commitments by Executive Branch Appointees,’’ is hereby revoked, effective at noon January 20, 2021. Employees and former employees subject to the commitments in Executive Order 13770 will not be subject to those commit- ments after noon January 20, 2021. Sec. 2. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, January 19, 2021. [FR Doc. 2021–01713 Filed 1–22–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 18:30 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE1.SGM 25JAE1 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD1

Revocation of Executive Order 13770

2021-01-19T00:00:00

54821b4824a165ef68eaa26b35a7ec9bc7f0d6b1c3ed57811214cd2b95c7174d

Presidential Executive Order

2021-01767 (13992)

Presidential Documents 7049 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Executive Order 13992 of January 20, 2021 Revocation of Certain Executive Orders Concerning Federal Regulation By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered that: Section 1. Policy. It is the policy of my Administration to use available tools to confront the urgent challenges facing the Nation, including the coronavirus disease 2019 (COVID–19) pandemic, economic recovery, racial justice, and climate change. To tackle these challenges effectively, executive departments and agencies (agencies) must be equipped with the flexibility to use robust regulatory action to address national priorities. This order revokes harmful policies and directives that threaten to frustrate the Federal Government’s ability to confront these problems, and empowers agencies to use appropriate regulatory tools to achieve these goals. Sec. 2. Revocation of Orders. Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs), Executive Order 13777 of February 24, 2017 (Enforcing the Regulatory Reform Agenda), Execu- tive Order 13875 of June 14, 2019 (Evaluating and Improving the Utility of Federal Advisory Committees), Executive Order 13891 of October 9, 2019 (Promoting the Rule of Law Through Improved Agency Guidance Documents), Executive Order 13892 of October 9, 2019 (Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication), and Executive Order 13893 of October 10, 2019 (Increasing Government Accountability for Administrative Actions by Reinvigorating Administrative PAYGO), are hereby revoked. Sec. 3. Implementation. The Director of the Office of Management and Budget and the heads of agencies shall promptly take steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing the Executive Orders identified in section 2 of this order, as appropriate and consistent with applicable law, including the Administrative Procedure Act, 5 U.S.C. 551 et seq. If in any case such rescission cannot be finalized immediately, the Director and the heads of agencies shall promptly take steps to provide all available exemptions author- ized by any such orders, rules, regulations, guidelines, or policies, as appro- priate and consistent with applicable law. In addition, any personnel posi- tions, committees, task forces, or other entities established pursuant to the Executive Orders identified in section 2 of this order, including the regulatory reform officer positions and regulatory reform task forces established by sections 2 and 3 of Executive Order 13777, shall be abolished, as appropriate and consistent with applicable law. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 21:06 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE8.SGM 25JAE8 jbell on DSKJLSW7X2PROD with EXECORD8 7050 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (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, January 20, 2021. [FR Doc. 2021–01767 Filed 1–22–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 21:06 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE8.SGM 25JAE8 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD8

Revocation of Certain Executive Orders Concerning Federal Regulation

2021-01-20T00:00:00

ea0b97c968c06e5d79e03f665b6e013c3f812a42de7c9bcb30e529cef2e0af44

Presidential Executive Order

2021-01765 (13990)

Presidential Documents 7037 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Executive Order 13990 of January 20, 2021 Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Our Nation has an abiding commitment to empower our workers and communities; promote and protect our public health and the environment; and conserve our national treasures and monuments, places that secure our national memory. Where the Federal Government has failed to meet that commitment in the past, it must advance environmental justice. In carrying out this charge, the Federal Government must be guided by the best science and be protected by processes that ensure the integrity of Federal decision-making. It is, therefore, the policy of my Administration to listen to the science; to improve public health and protect our environment; to ensure access to clean air and water; to limit exposure to dangerous chemicals and pesticides; to hold polluters accountable, including those who disproportionately harm communities of color and low-income commu- nities; to reduce greenhouse gas emissions; to bolster resilience to the impacts of climate change; to restore and expand our national treasures and monu- ments; and to prioritize both environmental justice and the creation of the well-paying union jobs necessary to deliver on these goals. To that end, this order directs all executive departments and agencies (agen- cies) to immediately review and, as appropriate and consistent with applica- ble law, take action to address the promulgation of Federal regulations and other actions during the last 4 years that conflict with these important national objectives, and to immediately commence work to confront the climate crisis. Sec. 2. Immediate Review of Agency Actions Taken Between January 20, 2017, and January 20, 2021. (a) The heads of all agencies shall immediately review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (agency actions) promulgated, issued, or adopted between January 20, 2017, and January 20, 2021, that are or may be inconsistent with, or present obstacles to, the policy set forth in section 1 of this order. For any such actions identified by the agencies, the heads of agencies shall, as appropriate and consistent with applicable law, consider suspending, revising, or rescinding the agency actions. In addition, for the agency actions in the 4 categories set forth in subsections (i) through (iv) of this section, the head of the relevant agency, as appropriate and consistent with applicable law, shall consider publishing for notice and comment a proposed rule suspending, revising, or rescinding the agency action within the time frame specified. (i) Reducing Methane Emissions in the Oil and Gas Sector: ‘‘Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modi- fied Sources Reconsideration,’’ 85 FR 57398 (September 15, 2020), by September 2021. (ii) Establishing Ambitious, Job-Creating Fuel Economy Standards: ‘‘The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One Na- tional Program,’’ 84 FR 51310 (September 27, 2019), by April 2021; and ‘‘The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021–2026 Passenger Cars and Light Trucks,’’ 85 FR 24174 (April 30, VerDate Sep<11>2014 20:53 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE5.SGM 25JAE5 jbell on DSKJLSW7X2PROD with EXECORD5 7038 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents 2020), by July 2021. In considering whether to propose suspending, revis- ing, or rescinding the latter rule, the agency should consider the views of representatives from labor unions, States, and industry. (iii) Job-Creating Appliance- and Building-Efficiency Standards: ‘‘Energy Conservation Program for Appliance Standards: Procedures for Use in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment,’’ 85 FR 8626 (February 14, 2020), with major revisions proposed by March 2021 and any remaining revisions proposed by June 2021; ‘‘Energy Conservation Program for Appliance Standards: Procedures for Evaluating Statutory Fac- tors for Use in New or Revised Energy Conservation Standards,’’ 85 FR 50937 (August 19, 2020), with major revisions proposed by March 2021 and any remaining revisions proposed by June 2021; ‘‘Final Determination Regarding Energy Efficiency Improvements in the 2018 International Energy Conservation Code (IECC),’’ 84 FR 67435 (December 10, 2019), by May 2021; ‘‘Final Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard 90.1–2016: Energy Standard for Buildings, Except Low-Rise Residential Buildings,’’ 83 FR 8463 (February 27, 2018), by May 2021. (iv) Protecting Our Air from Harmful Pollution: ‘‘National Emission Stand- ards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units—Reconsideration of Supplemental Finding and Residual Risk and Technology Review,’’ 85 FR 31286 (May 22, 2020), by August 2021; ‘‘Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process,’’ 85 FR 84130 (December 23, 2020), as soon as possible; ‘‘Strengthening Trans- parency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information,’’ 86 FR 469 (January 6, 2021), as soon as possible. (b) Within 30 days of the date of this order, heads of agencies shall submit to the Director of the Office of Management and Budget (OMB) a preliminary list of any actions being considered pursuant to section (2)(a) of this order that would be completed by December 31, 2021, and that would be subject to OMB review. Within 90 days of the date of this order, heads of agencies shall submit to the Director of OMB an updated list of any actions being considered pursuant to section (2)(a) of this order that would be completed by December 31, 2025, and that would be subject to OMB review. At the time of submission to the Director of OMB, heads of agencies shall also send each list to the National Climate Advisor. In addition, and at the same time, heads of agencies shall send to the National Climate Advisor a list of additional actions being considered pursuant to section (2)(a) of this order that would not be subject to OMB review. (c) Heads of agencies shall, as appropriate and consistent with applicable law, consider whether to take any additional agency actions to fully enforce the policy set forth in section 1 of this order. With respect to the Adminis- trator of the Environmental Protection Agency, the following specific actions should be considered: (i) proposing new regulations to establish comprehensive standards of performance and emission guidelines for methane and volatile organic compound emissions from existing operations in the oil and gas sector, including the exploration and production, transmission, processing, and storage segments, by September 2021; and (ii) proposing a Federal Implementation Plan in accordance with the Envi- ronmental Protection Agency’s ‘‘Findings of Failure To Submit State Imple- mentation Plan Revisions in Response to the 2016 Oil and Natural Gas Industry Control Techniques Guidelines for the 2008 Ozone National Ambi- ent Air Quality Standards (NAAQS) and for States in the Ozone Transport Region,’’ 85 FR 72963 (November 16, 2020), for California, Connecticut, New York, Pennsylvania, and Texas by January 2022. VerDate Sep<11>2014 20:53 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE5.SGM 25JAE5 jbell on DSKJLSW7X2PROD with EXECORD5 7039 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (d) The Attorney General may, as appropriate and consistent with applica- ble law, provide notice of this order and any actions taken pursuant to section 2(a) of this order to any court with jurisdiction over pending litigation related to those agency actions identified pursuant to section (2)(a) of this order, and may, in his discretion, request that the court stay or otherwise dispose of litigation, or seek other appropriate relief consistent with this order, until the completion of the processes described in this order. (e) In carrying out the actions directed in this section, heads of agencies shall seek input from the public and stakeholders, including State local, Tribal, and territorial officials, scientists, labor unions, environmental advo- cates, and environmental justice organizations. Sec. 3. Restoring National Monuments. (a) The Secretary of the Interior, as appropriate and consistent with applicable law, including the Antiquities Act, 54 U.S.C. 320301 et seq., shall, in consultation with the Attorney General, the Secretaries of Agriculture and Commerce, the Chair of the Council on Environmental Quality, and Tribal governments, conduct a review of the monument boundaries and conditions that were established by Procla- mation 9681 of December 4, 2017 (Modifying the Bears Ears National Monu- ment); Proclamation 9682 of December 4, 2017 (Modifying the Grand Stair- case-Escalante National Monument); and Proclamation 10049 of June 5, 2020 (Modifying the Northeast Canyons and Seamounts Marine National Monu- ment), to determine whether restoration of the monument boundaries and conditions that existed as of January 20, 2017, would be appropriate. (b) Within 60 days of the date of this order, the Secretary of the Interior shall submit a report to the President summarizing the findings of the review conducted pursuant to subsection (a), which shall include rec- ommendations for such Presidential actions or other actions consistent with law as the Secretary may consider appropriate to carry out the policy set forth in section 1 of this order. (c) The Attorney General may, as appropriate and consistent with applica- ble law, provide notice of this order to any court with jurisdiction over pending litigation related to the Grand Staircase-Escalante, Bears Ears, and Northeast Canyons and Seamounts Marine National Monuments, and may, in his discretion, request that the court stay the litigation or otherwise delay further litigation, or seek other appropriate relief consistent with this order, pending the completion of the actions described in subsection (a) of this section. Sec. 4. Arctic Refuge. (a) In light of the alleged legal deficiencies underlying the program, including the inadequacy of the environmental review required by the National Environmental Policy Act, the Secretary of the Interior shall, as appropriate and consistent with applicable law, place a temporary moratorium on all activities of the Federal Government relating to the imple- mentation of the Coastal Plain Oil and Gas Leasing Program, as established by the Record of Decision signed August 17, 2020, in the Arctic National Wildlife Refuge. The Secretary shall review the program and, as appropriate and consistent with applicable law, conduct a new, comprehensive analysis of the potential environmental impacts of the oil and gas program. (b) In Executive Order 13754 of December 9, 2016 (Northern Bering Sea Climate Resilience), and in the Presidential Memorandum of December 20, 2016 (Withdrawal of Certain Portions of the United States Arctic Outer Continental Shelf From Mineral Leasing), President Obama withdrew areas in Arctic waters and the Bering Sea from oil and gas drilling and established the Northern Bering Sea Climate Resilience Area. Subsequently, the order was revoked and the memorandum was amended in Executive Order 13795 of April 28, 2017 (Implementing an America-First Offshore Energy Strategy). Pursuant to section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), Executive Order 13754 and the Presidential Memorandum of December 20, 2016, are hereby reinstated in their original form, thereby restoring the original withdrawal of certain offshore areas in Arctic waters and the Bering Sea from oil and gas drilling. VerDate Sep<11>2014 20:53 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE5.SGM 25JAE5 jbell on DSKJLSW7X2PROD with EXECORD5 7040 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (c) The Attorney General may, as appropriate and consistent with applica- ble law, provide notice of this order to any court with jurisdiction over pending litigation related to the Coastal Plain Oil and Gas Leasing Program in the Arctic National Wildlife Refuge and other related programs, and may, in his discretion, request that the court stay the litigation or otherwise delay further litigation, or seek other appropriate relief consistent with this order, pending the completion of the actions described in subsection (a) of this section. Sec. 5. Accounting for the Benefits of Reducing Climate Pollution. (a) It is essential that agencies capture the full costs of greenhouse gas emissions as accurately as possible, including by taking global damages into account. Doing so facilitates sound decision-making, recognizes the breadth of climate impacts, and supports the international leadership of the United States on climate issues. The ‘‘social cost of carbon’’ (SCC), ‘‘social cost of nitrous oxide’’ (SCN), and ‘‘social cost of methane’’ (SCM) are estimates of the monetized damages associated with incremental increases in greenhouse gas emissions. They are intended to include changes in net agricultural productivity, human health, property damage from increased flood risk, and the value of ecosystem services. An accurate social cost is essential for agencies to accurately determine the social benefits of reducing green- house gas emissions when conducting cost-benefit analyses of regulatory and other actions. (b) There is hereby established an Interagency Working Group on the Social Cost of Greenhouse Gases (the ‘‘Working Group’’). The Chair of the Council of Economic Advisers, Director of OMB, and Director of the Office of Science and Technology Policy shall serve as Co-Chairs of the Working Group. (i) Membership. The Working Group shall also include the following other officers, or their designees: the Secretary of the Treasury; the Secretary of the Interior; the Secretary of Agriculture; the Secretary of Commerce; the Secretary of Health and Human Services; the Secretary of Transpor- tation; the Secretary of Energy; the Chair of the Council on Environmental Quality; the Administrator of the Environmental Protection Agency; the Assistant to the President and National Climate Advisor; and the Assistant to the President for Economic Policy and Director of the National Economic Council. (ii) Mission and Work. The Working Group shall, as appropriate and consistent with applicable law: (A) publish an interim SCC, SCN, and SCM within 30 days of the date of this order, which agencies shall use when monetizing the value of changes in greenhouse gas emissions resulting from regulations and other relevant agency actions until final values are published; (B) publish a final SCC, SCN, and SCM by no later than January 2022; (C) provide recommendations to the President, by no later than Sep- tember 1, 2021, regarding areas of decision-making, budgeting, and procure- ment by the Federal Government where the SCC, SCN, and SCM should be applied; (D) provide recommendations, by no later than June 1, 2022, regarding a process for reviewing, and, as appropriate, updating, the SCC, SCN, and SCM to ensure that these costs are based on the best available econom- ics and science; and (E) provide recommendations, to be published with the final SCC, SCN, and SCM under subparagraph (A) if feasible, and in any event by no later than June 1, 2022, to revise methodologies for calculating the SCC, SCN, and SCM, to the extent that current methodologies do not adequately take account of climate risk, environmental justice, and intergenerational equity. VerDate Sep<11>2014 20:53 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE5.SGM 25JAE5 jbell on DSKJLSW7X2PROD with EXECORD5 7041 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (iii) Methodology. In carrying out its activities, the Working Group shall consider the recommendations of the National Academies of Science, Engi- neering, and Medicine as reported in Valuing Climate Damages: Updating Estimation of the Social Cost of Carbon Dioxide (2017) and other pertinent scientific literature; solicit public comment; engage with the public and stakeholders; seek the advice of ethics experts; and ensure that the SCC, SCN, and SCM reflect the interests of future generations in avoiding threats posed by climate change. Sec. 6. Revoking the March 2019 Permit for the Keystone XL Pipeline. (a) On March 29, 2019, the President granted to TransCanada Keystone Pipeline, L.P. a Presidential permit (the ‘‘Permit’’) to construct, connect, operate, and maintain pipeline facilities at the international border of the United States and Canada (the ‘‘Keystone XL pipeline’’), subject to express conditions and potential revocation in the President’s sole discretion. The Permit is hereby revoked in accordance with Article 1(1) of the Permit. (b) In 2015, following an exhaustive review, the Department of State and the President determined that approving the proposed Keystone XL pipeline would not serve the U.S. national interest. That analysis, in addition to concluding that the significance of the proposed pipeline for our energy security and economy is limited, stressed that the United States must prioritize the development of a clean energy economy, which will in turn create good jobs. The analysis further concluded that approval of the pro- posed pipeline would undermine U.S. climate leadership by undercutting the credibility and influence of the United States in urging other countries to take ambitious climate action. (c) Climate change has had a growing effect on the U.S. economy, with climate-related costs increasing over the last 4 years. Extreme weather events and other climate-related effects have harmed the health, safety, and security of the American people and have increased the urgency for combatting climate change and accelerating the transition toward a clean energy econ- omy. The world must be put on a sustainable climate pathway to protect Americans and the domestic economy from harmful climate impacts, and to create well-paying union jobs as part of the climate solution. (d) The Keystone XL pipeline disserves the U.S. national interest. The United States and the world face a climate crisis. That crisis must be met with action on a scale and at a speed commensurate with the need to avoid setting the world on a dangerous, potentially catastrophic, climate trajectory. At home, we will combat the crisis with an ambitious plan to build back better, designed to both reduce harmful emissions and create good clean-energy jobs. Our domestic efforts must go hand in hand with U.S. diplomatic engagement. Because most greenhouse gas emissions origi- nate beyond our borders, such engagement is more necessary and urgent than ever. The United States must be in a position to exercise vigorous climate leadership in order to achieve a significant increase in global climate action and put the world on a sustainable climate pathway. Leaving the Keystone XL pipeline permit in place would not be consistent with my Administration’s economic and climate imperatives. Sec. 7. Other Revocations. (a) Executive Order 13766 of January 24, 2017 (Expediting Environmental Reviews and Approvals For High Priority Infra- structure Projects), Executive Order 13778 of February 28, 2017 (Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘‘Waters of the United States’’ Rule), Executive Order 13783 of March 28, 2017 (Promoting Energy Independence and Economic Growth), Executive Order 13792 of April 26, 2017 (Review of Designations Under the Antiquities Act), Executive Order 13795 of April 28, 2017 (Implementing an America- First Offshore Energy Strategy), Executive Order 13868 of April 10, 2019 (Promoting Energy Infrastructure and Economic Growth), and Executive Order 13927 of June 4, 2020 (Accelerating the Nation’s Economic Recovery from the COVID–19 Emergency by Expediting Infrastructure Investments and Other Activities), are hereby revoked. Executive Order 13834 of May 17, 2018 VerDate Sep<11>2014 20:53 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE5.SGM 25JAE5 jbell on DSKJLSW7X2PROD with EXECORD5 7042 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (Efficient Federal Operations), is hereby revoked except for sections 6, 7, and 11. (b) Executive Order 13807 of August 15, 2017 (Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects), is hereby revoked. The Director of OMB and the Chair of the Council on Environmental Quality shall jointly consider whether to recommend that a replacement order be issued. (c) Executive Order 13920 of May 1, 2020 (Securing the United States Bulk-Power System), is hereby suspended for 90 days. The Secretary of Energy and the Director of OMB shall jointly consider whether to recommend that a replacement order be issued. (d) The Presidential Memorandum of April 12, 2018 (Promoting Domestic Manufacturing and Job Creation Policies and Procedures Relating to Imple- mentation of Air Quality Standards), the Presidential Memorandum of Octo- ber 19, 2018 (Promoting the Reliable Supply and Delivery of Water in the West), and the Presidential Memorandum of February 19, 2020 (Devel- oping and Delivering More Water Supplies in California), are hereby revoked. (e) The Council on Environmental Quality shall rescind its draft guidance entitled, ‘‘Draft National Environmental Policy Act Guidance on Consider- ation of Greenhouse Gas Emissions,’’ 84 FR 30097 (June 26, 2019). The Council, as appropriate and consistent with applicable law, shall review, revise, and update its final guidance entitled, ‘‘Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews,’’ 81 FR 51866 (August 5, 2016). (f) The Director of OMB and the heads of agencies shall promptly take steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, including, if necessary, by proposing such rescissions through notice-and-comment rulemaking, implementing or enforcing the Ex- ecutive Orders, Presidential Memoranda, and draft guidance identified in this section, as appropriate and consistent with applicable law. Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 20:53 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE5.SGM 25JAE5 jbell on DSKJLSW7X2PROD with EXECORD5 7043 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (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, January 20, 2021. [FR Doc. 2021–01765 Filed 1–22–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:53 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE5.SGM 25JAE5 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD5

Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis

2021-01-20T00:00:00

3cc926a41415d7979c285a917d6c3c55705d8a0ba9312a991f96f6439a959754

Presidential Executive Order

2021-01766 (13991)

Presidential Documents 7045 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Executive Order 13991 of January 20, 2021 Protecting the Federal Workforce and Requiring Mask-Wear- ing By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7902(c) of title 5, United States Code, it is hereby ordered as follows: Section 1. Policy. It is the policy of my Administration to halt the spread of coronavirus disease 2019 (COVID–19) by relying on the best available data and science-based public health measures. Such measures include wear- ing masks when around others, physical distancing, and other related pre- cautions recommended by the Centers for Disease Control and Prevention (CDC). Put simply, masks and other public health measures reduce the spread of the disease, particularly when communities make widespread use of such measures, and thus save lives. Accordingly, to protect the Federal workforce and individuals interacting with the Federal workforce, and to ensure the continuity of Government services and activities, on-duty or on-site Federal employees, on-site Federal contractors, and other individuals in Federal buildings and on Federal lands should all wear masks, maintain physical distance, and adhere to other public health measures, as provided in CDC guidelines. Sec. 2. Immediate Action Regarding Federal Employees, Contractors, Build- ings, and Lands. (a) The heads of executive departments and agencies (agen- cies) shall immediately take action, as appropriate and consistent with appli- cable law, to require compliance with CDC guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands. (b) The Director of the Office of Management and Budget (OMB), the Director of the Office of Personnel Management (OPM), and the Administrator of General Services, in coordination with the President’s Management Council and the Coordinator of the COVID–19 Response and Counselor to the Presi- dent (COVID–19 Response Coordinator), shall promptly issue guidance to assist heads of agencies with implementation of this section. (c) Heads of agencies shall promptly consult, as appropriate, with State, local, Tribal, and territorial government officials, Federal employees, Federal employee unions, Federal contractors, and any other interested parties con- cerning the implementation of this section. (d) Heads of agencies may make categorical or case-by-case exceptions in implementing subsection (a) of this section to the extent that doing so is necessary or required by law, and consistent with applicable law. If heads of agencies make such exceptions, they shall require appropriate alternative safeguards, such as additional physical distancing measures, addi- tional testing, or reconfiguration of workspace, consistent with applicable law. Heads of agencies shall document all exceptions in writing. (e) Heads of agencies shall review their existing authorities and, to the extent permitted by law and subject to the availability of appropriations and resources, seek to provide masks to individuals in Federal buildings when needed. (f) The COVID–19 Response Coordinator shall coordinate the implementa- tion of this section. Heads of the agencies listed in 31 U.S.C. 901(b) shall VerDate Sep<11>2014 21:04 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE7.SGM 25JAE7 jbell on DSKJLSW7X2PROD with EXECORD7 7046 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents update the COVID–19 Response Coordinator on their progress in imple- menting this section, including any categorical exceptions established under subsection (d) of this section, within 7 days of the date of this order and regularly thereafter. Heads of agencies are encouraged to bring to the attention of the COVID–19 Response Coordinator any questions regarding the scope or implementation of this section. Sec. 3. Encouraging Masking Across America. (a) The Secretary of Health and Human Services (HHS), including through the Director of CDC, shall engage, as appropriate, with State, local, Tribal, and territorial officials, as well as business, union, academic, and other community leaders, regarding mask-wearing and other public health measures, with the goal of maximizing public compliance with, and addressing any obstacles to, mask-wearing and other public health best practices identified by CDC. (b) The COVID–19 Response Coordinator, in coordination with the Sec- retary of HHS, the Secretary of Homeland Security, and the heads of other relevant agencies, shall promptly identify and inform agencies of options to incentivize, support, and encourage widespread mask-wearing consistent with CDC guidelines and applicable law. Sec. 4. Safer Federal Workforce Task Force. (a) Establishment. There is hereby established the Safer Federal Workforce Task Force (Task Force). (b) Membership. The Task Force shall consist of the following members: (i) the Director of OPM, who shall serve as Co-Chair; (ii) the Administrator of General Services, who shall serve as Co-Chair; (iii) the COVID–19 Response Coordinator, who shall serve as Co-Chair; (iv) the Director of OMB; (v) the Director of the Federal Protective Service; (vi) the Director of the United States Secret Service; (vii) the Administrator of the Federal Emergency Management Agency; (viii) the Director of CDC; and (ix) the heads of such other agencies as the Co-Chairs may individually or jointly invite to participate. (c) Organization. A member of the Task Force may designate, to perform the Task Force functions of the member, a senior-level official who is a full-time officer or employee of the member’s agency. At the direction of the Co-Chairs, the Task Force may establish subgroups consisting exclusively of Task Force members or their designees, as appropriate. (d) Administration. The General Services Administration shall provide funding and administrative support for the Task Force to the extent permitted by law and within existing appropriations. The Co-Chairs shall convene regular meetings of the Task Force, determine its agenda, and direct its work. (e) Mission. The Task Force shall provide ongoing guidance to heads of agencies on the operation of the Federal Government, the safety of its employees, and the continuity of Government functions during the COVID– 19 pandemic. Such guidance shall be based on public health best practices as determined by CDC and other public health experts, and shall address, at a minimum, the following subjects as they relate to the Federal workforce: (i) testing methodologies and protocols; (ii) case investigation and contact tracing; (iii) requirements of and limitations on physical distancing, including recommended occupancy and density standards; (iv) equipment needs and requirements, including personal protective equipment; (v) air filtration; VerDate Sep<11>2014 21:04 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE7.SGM 25JAE7 jbell on DSKJLSW7X2PROD with EXECORD7 7047 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (vi) enhanced environmental disinfection and cleaning; (vii) safe commuting and telework options; (viii) enhanced technological infrastructure to support telework; (ix) vaccine prioritization, distribution, and administration; (x) approaches for coordinating with State, local, Tribal, and territorial health officials, as well as business, union, academic, and other community leaders; (xi) any management infrastructure needed by agencies to implement public health guidance; and (xii) circumstances under which exemptions might appropriately be made to agency policies in accordance with CDC guidelines, such as for mission- critical purposes. (f) Agency Cooperation. The head of each agency listed in 31 U.S.C. 901(b) shall, consistent with applicable law, promptly provide the Task Force a report on COVID–19 safety protocols, safety plans, or guidance regarding the operation of the agency and the safety of its employees, and any other information that the head of the agency deems relevant to the Task Force’s work. Sec. 5. Federal Employee Testing. The Secretary of HHS, through the Director of CDC, shall promptly develop and submit to the COVID–19 Response Coordinator a testing plan for the Federal workforce. This plan shall be based on community transmission metrics and address the populations to be tested, testing types, frequency of testing, positive case protocols, and coordination with local public health authorities for contact tracing. Sec. 6. Research and Development. The Director of the Office of Science and Technology Policy, in consultation with the Secretary of HHS (through the National Science and Technology Council), the Director of OMB, the Director of CDC, the Director of the National Institutes of Health, the Director of the National Science Foundation, and the heads of any other appropriate agencies, shall assess the availability of Federal research grants to study best practices for implementing, and innovations to better implement, effec- tive mask-wearing and physical distancing policies, with respect to both the Federal workforce and the general public. Sec. 7. Scope. (a) For purposes of this order: (i) ‘‘Federal employees’’ and ‘‘Federal contractors’’ mean employees (in- cluding members of the Armed Forces and members of the National Guard in Federal service) and contractors (including such contractors’ employees) working for the executive branch; (ii) ‘‘Federal buildings’’ means buildings, or office space within buildings, owned, rented, or leased by the executive branch of which a substantial portion of occupants are Federal employees or Federal contractors; and (iii) ‘‘Federal lands’’ means lands under executive branch control. (b) The Director of OPM and the Administrator of General Services shall seek to consult, in coordination with the heads of any other relevant agencies and the COVID–19 Response Coordinator, with the Sergeants at Arms of the Senate and the House of Representatives and the Director of the Adminis- trative Office of the United States Courts (or such other persons designated by the Majority and Minority Leaders of the Senate, the Speaker and Minority Leader of the House, or the Chief Justice of the United States, respectively), to promote mask-wearing, physical distancing, and adherence to other public health measures within the legislative and judicial branches, and shall pro- vide requested technical assistance as needed to facilitate compliance with CDC guidelines. Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or VerDate Sep<11>2014 21:04 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE7.SGM 25JAE7 jbell on DSKJLSW7X2PROD with EXECORD7 7048 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (ii) the functions of the Director of the Office of Management and Budget 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) Independent agencies are strongly encouraged to comply with the requirements of this order. (d) 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, January 20, 2021. [FR Doc. 2021–01766 Filed 1–22–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 21:04 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE7.SGM 25JAE7 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD7

Protecting the Federal Workforce and Requiring Mask-Wearing

2021-01-20T00:00:00

9d8f82960b2b3e0caf477daa710d1e09eecac679ea8118371d584ec476d5bf73

Presidential Executive Order

2021-01768 (13993)

Presidential Documents 7051 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents Executive Order 13993 of January 20, 2021 Revision of Civil Immigration Enforcement Policies and Pri- orities By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Immigrants have helped strengthen America’s families, communities, businesses and workforce, and economy, infusing the United States with creativity, energy, and ingenuity. The task of enforcing the immigration laws is complex and requires setting priorities to best serve the national interest. The policy of my Administration is to protect national and border security, address the humanitarian challenges at the southern border, and ensure public health and safety. We must also adhere to due process of law as we safeguard the dignity and well-being of all families and communities. My Administration will reset the policies and practices for enforcing civil immigration laws to align enforcement with these values and priorities. Sec. 2. Revocation. Executive Order 13768 of January 25, 2017 (Enhancing Public Safety in the Interior of the United States), is hereby revoked. The Secretary of State, the Attorney General, the Secretary of Homeland Security, the Director of the Office of Management and Budget, the Director of the Office of Personnel Management, and the heads of any other relevant execu- tive departments and agencies (agencies) shall review any agency actions developed pursuant to Executive Order 13768 and take action, including issuing revised guidance, as appropriate and consistent with applicable law, that advances the policy set forth in section 1 of this order. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 21:07 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE9.SGM 25JAE9 jbell on DSKJLSW7X2PROD with EXECORD9 7052 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (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, January 20, 2021. [FR Doc. 2021–01768 Filed 1–22–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 21:07 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAE9.SGM 25JAE9 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD9

Revision of Civil Immigration Enforcement Policies and Priorities

2021-01-20T00:00:00

b705178ed6abeb1595dd5cbd288b775f82bfde764a5f68b508abf88233cbe8bc

Presidential Executive Order

2021-01645 (13980)

Presidential Documents 6817 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents Executive Order 13980 of January 18, 2021 Protecting Americans From Overcriminalization Through Regulatory Reform By the authority vested in me as President by the Constitution and the laws of the United States of America, and to improve transparency with respect to the consequences of violating certain regulations and to protect Americans from facing unwarranted criminal punishment for unintentional violations of regulations, it is hereby ordered as follows: Section 1. Purpose. In the interest of fairness, Federal criminal law should be clearly written so that all Americans can understand what is prohibited and act accordingly. Some statutes have authorized executive branch agencies to promulgate thousands of regulations, creating a thicket of requirements that can be difficult to navigate, and many of these regulations are enforceable through criminal processes and penalties. The purpose of this order is to alleviate regulatory burdens on Americans by ensuring that they have notice of potential criminal liability for violations of regulations and by focusing criminal enforcement of regulatory offenses on the most culpable individuals. Sec. 2. Policy. It is the policy of the Federal Government that: (a) Agencies promulgating regulations that may subject a violator to crimi- nal penalties should be explicit about what conduct is subject to criminal penalties and the mens rea standard applicable to those offenses; (b) Strict liability offenses are ‘‘generally disfavored.’’ United States v. United States Gypsum, Co., 438 U.S. 422, 438 (1978). Where appropriate, agencies should consider administrative or civil enforcement of strict liability regulatory offenses, rather than criminal enforcement of such offenses; and (c) Criminal prosecution based on regulatory offenses is most appropriate for those persons who know what is prohibited or required by the regulation and choose not to comply, thereby causing or risking substantial public harm. Criminal prosecutions based on regulatory offenses should focus on matters where a putative defendant had actual or constructive knowledge that conduct was prohibited. Sec. 3. Definitions. For the purposes of this order: (a) ‘‘Agency’’ has the meaning given to ‘‘Executive agency’’ in section 105 of title 5, United States Code. (b) ‘‘Mens rea’’ means the state of mind that by law must be proven to convict a particular defendant of a particular crime. There are several such mental states in the law applied by Federal courts. Two common mental states are ‘‘knowingly’’ and ‘‘willfully.’’ A defendant acts ‘‘knowingly’’ with respect to an element of the offense if he or she has knowledge of the essential facts comprising that element. In addition, a defendant ‘‘willfully’’ violates a statute if he or she acts with a ‘‘bad purpose’’ that is with ‘‘knowledge that his [or her] conduct is unlawful.’’ Model Criminal Jury Instructions (3d Cir. 2018), ch. 5, sec. 5.02 cmt. (quotation marks omitted). By contrast, strict liability offenses do not require the government to prove mens rea. For instance, the jury instructions for the United States Court of Appeals for the Third Circuit note that ‘‘[s]ome federal crimes are also strict or absolute liability offenses, without any mental state require- ment.’’ Id. at ch. 5, General Introduction to Mental State Instructions. (c) ‘‘Person’’ has the meaning given it in section 1 of title 1, United States Code. VerDate Sep<11>2014 20:44 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE3.SGM 22JAE3 jbell on DSKJLSW7X2PROD with EXECORD3 6818 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents (d) ‘‘Regulatory offense’’ means any violation of a regulation promulgated by an agency. Sec. 4. Promoting Regulatory Transparency. (a) All notices of proposed rulemaking (NPRMs) and final rules published in the Federal Register after issuance of this order should include a statement that describes whether individuals who violate any of the prohibitions—or fail to comply with any requirements—imposed by the regulation or rule may be subject to criminal penalties. Agencies should draft this statement in consultation with the Department of Justice. For purposes of this order, a regulation is treated as subjecting individuals to criminal penalties when violation of the regula- tion is itself a basis for criminal liability under Federal law. (b) The regulatory text of all NPRMs and final rules with criminal con- sequences published in the Federal Register after issuance of this order should, consistent with applicable law, explicitly state a mens rea require- ment for each such provision or identify the provision as a strict liability offense, accompanied by citations to the relevant provisions of the authorizing statute. (c) Prior to publishing in the Federal Register an NPRM or final rule that contains a regulatory offense not specifically articulated in the author- izing statute that may subject a violator to potential criminal liability with no mens rea requirement or a regulatory offense that includes an element that does not require proof of mens rea (excluding jurisdictional and venue elements), the applicable agency should submit a brief justification for use of a strict liability standard as well as the source of legal authority for the imposition of such a standard, to the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (Administrator). In response to these agency submissions, the Administrator shall provide implementation guidance to agencies on this order, monitor agency regulatory actions pursuant to this order, and advise agencies if their actions are inconsistent with the principles set forth in this order and or otherwise conflict with the policies or actions of another agency. After such consultation, a statement of justification should be published in the Federal Register with the NPRM and the final rule. Sec. 5. Agency Referrals for Potential Criminal Enforcement. (a) Within 45 days of the date of this order, and in consultation with the Department of Justice, each agency should publish guidance in the Federal Register describing its plan to administratively address regulatory offenses subject to potential criminal liability rather than refer those offenses to the Depart- ment of Justice for criminal enforcement. Such guidance should make clear that when agencies are enforcing regulations related to statutory criminal violations subject to strict liability, and deciding whether to refer the matter to the Department of Justice, agencies should consider factors such as: (i) the harm or risk of harm, pecuniary or otherwise, caused by the alleged offense; (ii) the potential gain to the putative defendant that could result from the offense; (iii) whether the putative defendant held specialized knowledge, expertise, or was licensed in an industry related to the rule or regulation at issue; and (iv) evidence, if any is available, of the putative defendant’s knowledge or lack thereof of the regulation at issue. (b) Notwithstanding these considerations, the guidance should not deter, limit, or delay agency referrals to the Department of Justice where either the putative defendant’s state of mind is unknown because further investiga- tion is required, or there exists a reasonable indication that a crime has been committed based on the evidence available. (c) When required by internal agency policies or practice, an agency may refer alleged regulatory offenses carrying potential criminal con- sequences to its designated investigation and law enforcement offices for VerDate Sep<11>2014 20:44 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE3.SGM 22JAE3 jbell on DSKJLSW7X2PROD with EXECORD3 6819 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents investigation of the viability of the charge, subject to the guidance described in 5(a) of this order governing referral of regulatory offenses subject to strict liability. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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) Notwithstanding any other provision in this order, nothing in this order shall apply: (i) to any action that pertains to foreign or military affairs, or to a national security or homeland security function of the United States (other than procurement actions and actions involving the import or export of non- defense articles and services); (ii) to any action that the Department of Justice takes related to a criminal investigation or prosecution, including undercover operations, or any civil enforcement action or related investigation by the Department of Justice, in addition to any action related to a civil investigative demand under 18 U.S.C. 1968; (iii) to any action related to counterfeit goods, pirated goods, or other goods that infringe intellectual property rights, or goods that are adulterated or misbranded, or goods for which regulatory approval was required prior to distribution but not obtained; (iv) to strict liability misdemeanor prosecutions concluded via plea agree- ment; (v) to any investigation of misconduct by an agency employee or any disciplinary, corrective, or employment action taken against an agency employee; or (vi) in any other circumstance or proceeding to which application of this order, or any part of this order, would, in the judgment of the head of the agency, undermine the national security. VerDate Sep<11>2014 20:44 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE3.SGM 22JAE3 jbell on DSKJLSW7X2PROD with EXECORD3 6820 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents (d) 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, January 18, 2021. [FR Doc. 2021–01645 Filed 1–21–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:44 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE3.SGM 22JAE3 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD3

Protecting Americans From Overcriminalization Through Regulatory Reform

2021-01-18T00:00:00

9aee787dccdbb85d88f86f202d8edb51782c5abe18229a3889e775805b11eb08

Presidential Executive Order

2021-01635 (13977)

Presidential Documents 6803 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents Executive Order 13977 of January 18, 2021 Protecting Law Enforcement Officers, Judges, Prosecutors, and Their Families By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. Under the Constitution and Federal law, our Government vests in judges, prosecutors, and law enforcement officers the power to make decisions of enormous consequence. Because of the importance of their work, these public servants face unique risks to their safety and the safety of their families. Some who face or have received an adverse judicial decision have sought to intimidate or punish judges and prosecutors with threats of harm. Moreover, judges, prosecutors, and law enforcement officers are symbols within our communities of law and order and may be targeted for that reason alone. And at times, family members of public servants have become victims. Last year, a former litigant before a Federal judge in New Jersey tragically murdered the judge’s 20-year-old son and critically wounded her husband. Judges, prosecutors, and law enforcement officers’ resiliency in the face of the danger they regularly face is an inspiration for all of us in public service. Judges, prosecutors, and law enforcement officers should not have to choose between public service and subjecting themselves and their families to dan- ger. My Administration has no higher priorities than preserving the rule of law in our country and protecting the men and women who serve under its flag. Accordingly, I am ordering enhanced protections for judges, prosecu- tors, and law enforcement officers. Federal law already allows Federal and State law enforcement officers to protect themselves by carrying a concealed firearm, but the Federal Government can do more to cut the red tape that Federal law enforcement officers must navigate to exercise their right. The current threat to Federal prosecutors also demands an expansion of their ability to carry a concealed firearm, as allowed under the Department of Justice’s existing authorities. Finally, the Congress should act expeditiously to adopt legislation extending the right to carry a concealed firearm to Federal judges and pass other measures that will expand our capacity to combat threats of violence against judges, prosecutors, and law enforcement officers. Sec. 2. Removing Obstacles to Federal Law Enforcement Officers Qualifying For Concealed Carry Under the Law Enforcement Officers Safety Act of 2004. (a) It shall be the policy of the United States to remove any undue obstacle preventing current or retired Federal law enforcement officers from carrying a concealed firearm as allowed under the Law Enforcement Officers Safety Act of 2004, as amended (18 U.S.C. 926B, 926C) (LEOSA). (b) The heads of all executive departments and agencies (agencies) that employ or have employed qualified law enforcement officers or qualified retired law enforcement officers, as those terms are defined in the LEOSA, shall act expeditiously to implement the policy set by subsection (a) of this section. (c) The heads of all agencies that employ or have employed qualified law enforcement officers or qualified retired law enforcement officers, as those terms are defined in the LEOSA, shall submit a report to the President, through the Assistant to the President for Domestic Policy, within 30 days of the date of this order, reporting on the implementation of this order VerDate Sep<11>2014 20:39 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE0.SGM 22JAE0 jbell on DSKJLSW7X2PROD with EXECORD 6804 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents and analyzing qualified persons’ ability to carry a concealed firearm under the LEOSA. (d) The report required by subsection (c) of this section shall: (i) identify any obstacles that the agency’s qualified law enforcement offi- cers or qualified retired law enforcement officers presently face in carrying a concealed firearm under the LEOSA; (ii) identify any categories of the agency’s qualified law enforcement offi- cers or qualified retired law enforcement officers who are presently unable to carry a concealed firearm under the LEOSA; (iii) identify the steps the agency has taken to implement the policy set by subsection (a) of this section; and (iv) identify the steps the agency plans to take in the future to implement the policy set by subsection (a) and explain why it was not possible to take these steps before the report was submitted. Sec. 3. Authorizing Concealed Carry By Federal Prosecutors. (a) Within 30 days of the date of this order, the Attorney General shall propose a regulation revising section 0.112 of title 28, Code of Federal Regulations, to provide that the special deputation as a Deputy United States Marshal shall be granted upon request to any Federal prosecutor when the Federal prosecutor or his or her family members face risk of harm as a result of the Federal prosecutor’s government service and as appropriate. (b) The regulation proposed pursuant to this section shall: (i) include with the special deputation the power to possess and carry firearms but not include law enforcement powers such as the power to make arrests for violations of Federal law and the court-related duties of United States Marshals; and (ii) require appropriate training in firearm safety and use as a condition to any special deputation. (c) Within 30 days of the date of this order, the Attorney General shall revise other Department policies to permit special deputation consistent with subsections (a) and (b) of this section to the extent consistent with applicable law. Sec. 4. Expanding the Federal Government’s Protection of Judges, Prosecutors, and Law Enforcement Officers. (a) The Attorney General shall direct the Director of the Marshals Service to prioritize the protection of Federal judges and Federal prosecutors. (b) The Attorney General shall prioritize the investigation and prosecution of Federal crimes involving actual or threatened violence against judges, prosecutors, or law enforcement officers or their family members, if the family member was targeted because of that person’s relation to a judge, prosecutor, or law enforcement officer. (c) The Attorney General and Secretary of Homeland Security shall coordi- nate a review within the executive branch to assess the feasibility, as appro- priate and consistent with applicable law, of facilitating the removal of, or minimizing the availability of, personally identifiable information appear- ing in public sources of judges, prosecutors, and law enforcement officers employed by the Federal Government, and shall use the results of this review to inform such persons of related security vulnerabilities. (d) Within 30 days of the date of this order, the Attorney General shall assess the need to revise subsection 0.111(e) of title 28, Code of Federal Regulations, to protect Federal prosecutors. If any revision is needed, the Attorney General shall take immediate steps to issue a proposed rule that would amend section 0.111(e) accordingly. (e) The heads of all agencies shall examine the extent to which they collect personally identifiable information from judges, prosecutors, or law enforcement officers, and as appropriate and consistent with applicable law, allow such persons to provide a Post Office box address in lieu of home address information. VerDate Sep<11>2014 20:39 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE0.SGM 22JAE0 jbell on DSKJLSW7X2PROD with EXECORD 6805 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents Sec. 5. Proposing Legislation to Enhance the Protection of Judges, Prosecutors, and Law Enforcement Officers. (a) Within 30 days of the date of this order, the Attorney General shall develop and propose Federal legislation providing additional protection for judges, prosecutors, and law enforcement officers. (b) The proposed legislation described in subsection (a) of this section shall: (i) authorize current and former Federal judges and current and former Federal prosecutors to possess or carry firearms when they or their family members face risk of harm as a result of their Federal government service, irrespective of Federal, State, and local laws which may restrict the posses- sion or carrying of firearms; (ii) promote the removal and minimization of personally identifiable infor- mation from public websites and records of current and former judges, prosecutors, and law enforcement officers, as appropriate and as allowed under the Constitution; (iii) expand the ability of judges, prosecutors, and law enforcement officers to use Post Office box addresses in lieu of home address information; (iv) authorize additional appropriations and authority for the Department of Homeland Security, Marshals Service, and Federal Bureau of Investiga- tion, including appropriations to hire and train additional personnel and authority for agencies to respond to both civil unrest and threats to Federal courthouses; (v) increase penalties for threatened and actual violence against Federal judges, prosecutors, and law enforcement officers and their families, includ- ing providing that violence against a Federal judge, prosecutor, or law enforcement officer’s family member shall be punished as though the act was committed against the Federal judge, prosecutor, or law enforce- ment officer if the family member was targeted because of that person’s relation to a Federal judge, prosecutor, or law enforcement officer; (vi) prevent State and local governments from obstructing the ability of qualified law enforcement officers and qualified retired law enforcement officers, as those terms are defined by the LEOSA, from carrying a con- cealed firearm pursuant to the LEOSA, including by refusing to issue identification documents; and (vii) propose other amendments to strengthen the LEOSA, if appropriate. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 20:39 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE0.SGM 22JAE0 jbell on DSKJLSW7X2PROD with EXECORD 6806 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents (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, January 18, 2021. [FR Doc. 2021–01635 Filed 1–21–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:39 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE0.SGM 22JAE0 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Protecting Law Enforcement Officers, Judges, Prosecutors, and Their Families

2021-01-18T00:00:00

c81afc8bdf0e8f6ac3bbfbecd3ffa7437874b5c718c1b9430780cd9108860041

Presidential Executive Order

2021-01643 (13978)

Presidential Documents 6809 Federal Register Vol. 86, No. 13 Friday, January 22, 2021 Title 3— The President Executive Order 13978 of January 18, 2021 Building the National Garden of American Heroes By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Background. In Executive Order 13934 of July 3, 2020 (Building and Rebuilding Monuments to American Heroes), I made it the policy of the United States to establish a statuary park named the National Garden of American Heroes (National Garden). To begin the process of building this new monument to our country’s greatness, I established the Interagency Task Force for Building and Rebuilding Monuments to American Heroes (Task Force) and directed its members to plan for construction of the National Garden. The Task Force has advised me it has completed the first phase of its work and is prepared to move forward. This order revises Executive Order 13934 and provides additional direction for the Task Force. Sec. 2. Purpose. The chronicles of our history show that America is a land of heroes. As I announced during my address at Mount Rushmore, the gates of a beautiful new garden will soon open to the public where the legends of America’s past will be remembered. The National Garden will be built to reflect the awesome splendor of our country’s timeless exceptionalism. It will be a place where citizens, young and old, can renew their vision of greatness and take up the challenge that I gave every American in my first address to Congress, to ‘‘[b]elieve in yourselves, believe in your future, and believe, once more, in America.’’ Across this Nation, belief in the greatness and goodness of America has come under attack in recent months and years by a dangerous anti-American extremism that seeks to dismantle our country’s history, institutions, and very identity. The heroes of 1776 have been desecrated, with statues of George Washington, Thomas Jefferson, and Benjamin Franklin vandalized and toppled. The dead who gave their lives to end slavery and save the Union during the Civil War have been dishonored, with monuments to Abraham Lincoln, Hans Christian Heg, and the courageous 54th Regiment left damaged and disfigured. The brave warriors who saved freedom from Nazi fascism have been disgraced with a memorial to World War II veterans defaced with the hammer and sickle of Soviet communism. The National Garden is America’s answer to this reckless attempt to erase our heroes, values, and entire way of life. On its grounds, the devastation and discord of the moment will be overcome with abiding love of country and lasting patriotism. This is the American way. When the forces of anti- Americanism have sought to burn, tear down, and destroy, patriots have built, rebuilt, and lifted up. That is our history. America responded to the razing of the White House by building it back in the same place with unbroken resolve, to the murders of Abraham Lincoln and Martin Luther King, Jr., with a national temple and the Stone of Hope, and to the terrorism of 9/11 with a new Freedom Tower. In keeping with this tradition, America is responding to the tragic toppling of monuments to our founding generation and the giants of our past by commencing a new national project for their restoration, veneration, and celebration. The National Garden will draw together and fix in the soil of a single place what Abraham Lincoln called ‘‘[t]he mystic chords of memory, stretch- ing from every battlefield, and patriot grave, to every living heart.’’ In the peace and harmony of this vast outdoor park, visitors will come and learn VerDate Sep<11>2014 20:40 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\22JAE1.SGM 22JAE1 jbell on DSKJLSW7X2PROD with EXECORD1 6810 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents the amazing stories of some of the greatest Americans who have ever lived. The National Garden will feature a roll call of heroes who deserve honor, recognition, and lasting tribute because of the battles they won, the ideas they championed, the diseases they cured, the lives they saved, the heights they achieved, and the hope they passed down to all of us—that united as one American people trusting in God, there is no challenge that cannot be overcome and no dream that is beyond our reach. In short, each individual has been chosen for embodying the American spirit of daring and defiance, excellence and adventure, courage and con- fidence, loyalty and love. Astounding the world by the sheer power of their example, each one of them has contributed indispensably to America’s noble history, the best chapters of which are still to come. Sec. 3. Honoring Additional American Heroes. (a) Section 3(c) of Executive Order 13934 is amended by striking the words ‘‘In addition to the require- ments of subsection 3(b) of this order, the proposed options for the’’ and inserting in their place the word ‘‘The’’. (b) Section 3(c)(i) of Executive Order 13934 is amended to read as follows: ‘‘The National Garden should be composed of statues, including statues of Ansel Adams, John Adams, Samuel Adams, Muhammad Ali, Luis Walter Alvarez, Susan B. Anthony, Hannah Arendt, Louis Armstrong, Neil Arm- strong, Crispus Attucks, John James Audubon, Lauren Bacall, Clara Barton, Todd Beamer, Alexander Graham Bell, Roy Benavidez, Ingrid Bergman, Irving Berlin, Humphrey Bogart, Daniel Boone, Norman Borlaug, William Bradford, Herb Brooks, Kobe Bryant, William F. Buckley, Jr., Sitting Bull, Frank Capra, Andrew Carnegie, Charles Carroll, John Carroll, George Washington Carver, Johnny Cash, Joshua Chamberlain, Whittaker Chambers, Johnny ‘‘Appleseed’’ Chapman, Ray Charles, Julia Child, Gordon Chung-Hoon, William Clark, Henry Clay, Samuel Clemens (Mark Twain), Roberto Clemente, Grover Cleve- land, Red Cloud, William F. ‘‘Buffalo Bill’’ Cody, Nat King Cole, Samuel Colt, Christopher Columbus, Calvin Coolidge, James Fenimore Cooper, Davy Crockett, Benjamin O. Davis, Jr., Miles Davis, Dorothy Day, Joseph H. De Castro, Emily Dickinson, Walt Disney, William ‘‘Wild Bill’’ Donovan, Jimmy Doolittle, Desmond Doss, Frederick Douglass, Herbert Henry Dow, Katharine Drexel, Peter Drucker, Amelia Earhart, Thomas Edison, Jonathan Edwards, Albert Einstein, Dwight D. Eisenhower, Duke Ellington, Ralph Waldo Emer- son, Medgar Evers, David Farragut, the Marquis de La Fayette, Mary Fields, Henry Ford, George Fox, Aretha Franklin, Benjamin Franklin, Milton Fried- man, Robert Frost, Gabby Gabreski, Bernardo de Ga ´lvez, Lou Gehrig, Theodor Seuss Geisel, Cass Gilbert, Ruth Bader Ginsburg, John Glenn, Barry Gold- water, Samuel Gompers, Alexander Goode, Carl Gorman, Billy Graham, Ulys- ses S. Grant, Nellie Gray, Nathanael Greene, Woody Guthrie, Nathan Hale, William Frederick ‘‘Bull’’ Halsey, Jr., Alexander Hamilton, Ira Hayes, Hans Christian Heg, Ernest Hemingway, Patrick Henry, Charlton Heston, Alfred Hitchcock, Billie Holiday, Bob Hope, Johns Hopkins, Grace Hopper, Sam Houston, Whitney Houston, Julia Ward Howe, Edwin Hubble, Daniel Inouye, Andrew Jackson, Robert H. Jackson, Mary Jackson, John Jay, Thomas Jefferson, Steve Jobs, Katherine Johnson, Barbara Jordan, Chief Joseph, Elia Kazan, Helen Keller, John F. Kennedy, Francis Scott Key, Coretta Scott King, Martin Luther King, Jr., Russell Kirk, Jeane Kirkpatrick, Henry Knox, Tadeusz Kos ´ciuszko, Harper Lee, Pierre Charles L’Enfant, Meriwether Lewis, Abraham Lincoln, Vince Lombardi, Henry Wadsworth Longfellow, Clare Boothe Luce, Douglas MacArthur, Dolley Madison, James Madison, George Marshall, Thurgood Marshall, William Mayo, Christa McAuliffe, William McKinley, Louise McManus, Herman Melville, Thomas Merton, George P. Mitchell, Maria Mitchell, William ‘‘Billy’’ Mitchell, Samuel Morse, Lucretia Mott, John Muir, Audie Murphy, Edward Murrow, John Neumann, Annie Oakley, Jesse Owens, Rosa Parks, George S. Patton, Jr., Charles Willson Peale, William Penn, Oliver Hazard Perry, John J. Pershing, Edgar Allan Poe, Clark Poling, John Russell Pope, Elvis Presley, Jeannette Rankin, Ronald Reagan, Walter Reed, William Rehnquist, Paul Revere, Henry Hobson Richardson, Hyman Rickover, Sally Ride, Matthew Ridgway, Jackie Robinson, Norman Rockwell, VerDate Sep<11>2014 20:40 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\22JAE1.SGM 22JAE1 jbell on DSKJLSW7X2PROD with EXECORD1 6811 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents Caesar Rodney, Eleanor Roosevelt, Franklin D. Roosevelt, Theodore Roosevelt, Betsy Ross, Babe Ruth, Sacagawea, Jonas Salk, John Singer Sargent, Antonin Scalia, Norman Schwarzkopf, Junı ´pero Serra, Elizabeth Ann Seton, Robert Gould Shaw, Fulton Sheen, Alan Shepard, Frank Sinatra, Margaret Chase Smith, Bessie Smith, Elizabeth Cady Stanton, Jimmy Stewart, Harriet Beecher Stowe, Gilbert Stuart, Anne Sullivan, William Howard Taft, Maria Tallchief, Maxwell Taylor, Tecumseh, Kateri Tekakwitha, Shirley Temple, Nikola Tesla, Jefferson Thomas, Henry David Thoreau, Jim Thorpe, Augustus Tolton, Alex Trebek, Harry S. Truman, Sojourner Truth, Harriet Tubman, Dorothy Vaughan, C. T. Vivian, John von Neumann, Thomas Ustick Walter, Sam Walton, Booker T. Washington, George Washington, John Washington, John Wayne, Ida B. Wells-Barnett, Phillis Wheatley, Walt Whitman, Laura Ingalls Wilder, Roger Williams, John Winthrop, Frank Lloyd Wright, Orville Wright, Wilbur Wright, Alvin C. York, Cy Young, and Lorenzo de Zavala.’’ Sec. 4. Additional Amendments to Executive Order 13934. (a) Section 3(b) of Executive Order 13934 is amended to read as follows: ‘‘The Secretary, in consultation with the Task Force, shall identify a site suitable for the establishment of the National Garden. The Secretary shall proceed with construction of the National Garden at that site, to the extent consistent with the Secretary’s existing authorities or authority later provided by the Congress.’’ (b) Section 7 of Executive Order 13934 is amended to read as follows: ‘‘Definition. The term ‘‘historically significant American’’ means an indi- vidual who made substantive contributions to America’s public life or other- wise had a substantive effect on America’s history.’’ Sec. 5. Funding. (a) The Secretary of the Interior shall provide funding, as appropriate and consistent with available appropriations and applicable law, for the establishment and maintenance of the National Garden. (b) The Chairperson of the National Endowment for the Arts and the Chairperson of the National Endowment for the Humanities, in consultation with the National Council on the Arts and the National Council on the Humanities, respectively, and the Task Force, should target spending one- twelfth of the discretionary funds available to their agencies on commis- sioning statues of individuals set forth in section 3(c)(i) of Executive Order 13934, as amended by section 3(b) of this order, for placement in the National Garden, as appropriate and consistent with applicable law. Sec. 6. Public Report. Until such time as the National Garden is established and includes statues of all individuals set forth in section 3(c)(i) of Executive Order 13934, as amended by section 3(b) of this order, the Task Force shall publish an annual public report describing progress on establishing the National Garden and on building statues of American heroes. This report shall include, as applicable, the steps the Task Force agencies have taken in the preceding year to prepare the National Garden to be opened for public access and listing all statues either commissioned for or placed in the National Garden. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 20:40 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\22JAE1.SGM 22JAE1 jbell on DSKJLSW7X2PROD with EXECORD1 6812 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents (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, January 18, 2021. [FR Doc. 2021–01643 Filed 1–21–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:40 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\22JAE1.SGM 22JAE1 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD1

Building the National Garden of American Heroes

2021-01-18T00:00:00

fc4bc44052e0d0aab8f651f9c1ccd5eb312b10ef2554af909ad1070df689c97b

Presidential Executive Order

2021-01644 (13979)

Presidential Documents 6813 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents Executive Order 13979 of January 18, 2021 Ensuring Democratic Accountability in Agency Rulemaking By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. American democracy operates on the principle of the consent of the governed. Regular elections for the Congress and the President and Vice President of the United States are designed to ensure that the officials responsible for making and executing the law are held accountable to the American people. The President chooses Federal agency heads who exercise executive authority and implement his regulatory agenda. The Amer- ican people, in electing the President, thereby have a role in choosing the individuals who govern them. However, some agencies have chosen to blur these lines of democratic accountability by allowing career officials to authorize, approve, and serve as the final word on regulations. This practice transfers the power to set rules governing Americans’ daily lives from the President, acting through his executive subordinates, to officials insulated from the accountability that national elections bring. This practice undermines the power of the American people to choose who governs them and I am directing steps to end it. Sec. 2. Rulemaking by Senior Appointees. (a) To the extent permitted by law, the head of each agency shall: (i) require that agency rules promulgated under section 553 of title 5, United States Code (section 553), must be signed by a senior appointee; and (ii) require that only senior appointees may initiate the rulemaking process for agency rules promulgated under section 553 or may approve the agen- cy’s regulatory agenda. (b) Subsection (a) of this section shall not apply if the agency head: (i) determines that compliance with this section would impede public safety or security; and (ii) submits to the Administrator of the Office of Information and Regulatory Affairs (Administrator) within the Office of Management and Budget a notification disclosing the reasons for the exemption and publishes such notification, consistent with public safety, security, and privacy interests, in the Federal Register. (c) An agency head may not delegate authority to make the determination allowed by subsection (b) of this section. (d) The head of each agency shall ensure that the issuance of future agency rules promulgated under section 553 adheres to the requirements of this section. Sec. 3. Review of Existing Delegations of Rulemaking Authority. Within 180 days of the date of this order, the head of each agency shall, to the extent permitted by law: (a) review delegations of authority regarding rulemaking and make any revisions necessary to ensure that such delegations are consistent with section 2 of this order; and (b) amend agency regulations governing agency management and procedure to incorporate the requirements of section 2 of this order. VerDate Sep<11>2014 20:42 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE2.SGM 22JAE2 jbell on DSKJLSW7X2PROD with EXECORD2 6814 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents Sec. 4. Review of Existing Rules. (a) Within 90 days of the date of this order, the head of each agency shall review all significant rules the agency has issued over the last 12 years, and any other rules identified by the Administrator, to determine whether the rule was issued by a senior ap- pointee. For good cause shown, the Administrator may authorize an extension of the period within which an agency shall conduct such review. (b) Within 120 days of the date of this order, the head of each agency shall provide a report to the President, through the Administrator, summa- rizing the findings of the review. For good cause shown, the Administrator may authorize an extension of the deadline to provide such report. Sec. 5. Definitions. For the purposes of this order, the term: (a) ‘‘agency’’ has the meaning given that term in section 3(b) of Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as amended, or any successor order; except that for purposes of this order: (i) the term shall include the Consumer Financial Protection Bureau; and (ii) the term shall not include the Federal Bureau of Prisons of the Depart- ment of Justice; (b) ‘‘senior appointee’’ means an individual appointed by the President, or performing the functions and duties of an office that requires appointment by the President, or a non-career member of the Senior Executive Service (or equivalent agency system); (c) ‘‘significant rule’’ means any rule that is also a ‘‘significant regulatory action’’ as defined in section 3(f) of Executive Order 12866, as amended, or any successor order; and (d) ‘‘rule’’ has the meaning given that term in section 551(4) of title 5, United States Code, except that such term does not include any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. Sec. 6. Implementation. The Administrator shall provide guidance on the implementation of this order and shall monitor agency compliance with the order. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 20:42 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE2.SGM 22JAE2 jbell on DSKJLSW7X2PROD with EXECORD2 6815 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents (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, January 18, 2021. [FR Doc. 2021–01644 Filed 1–21–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:42 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE2.SGM 22JAE2 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD2

Ensuring Democratic Accountability in Agency Rulemaking

2021-01-18T00:00:00

4d70b6666fe391db22dae71dc0abca79c582985f7ddee13cca45cdf083d9ba44

Presidential Executive Order

2021-01646 (13981)

Presidential Documents 6821 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents Executive Order 13981 of January 18, 2021 Protecting the United States From Certain Unmanned Air- craft Systems By the authority vested in me as President by the Constitution and the laws of the United States of America, I, DONALD J. TRUMP, President of the United States of America, find that additional actions are necessary to ensure the security of Unmanned Aircraft Systems (UAS) owned, operated, and controlled by the Federal Government; to secure the integrity of American infrastructure, including America’s National Airspace System (NAS); to protect our law enforcement and warfighters; and to maintain and expand our domestic industrial base capabilities. Accordingly, I hereby order: Section 1. Policy. UAS have tremendous potential to support public safety and national security missions and are increasingly being used by Federal, State, and local governments. UAS are used, for example, to assist law enforcement and support natural disaster relief efforts. Reliance on UAS and components manufactured by our adversaries, however, threatens our national and economic security. United States Government operations involving UAS require accessing, col- lecting, and maintaining data, which could reveal sensitive information. The use of UAS and critical components manufactured and developed by foreign adversaries, or by persons under their control, may allow this sen- sitive information to be accessed by or transferred to foreign adversaries. Furthermore, the manufacturing of UAS involves combining several critical components, including advanced manufacturing techniques, artificial intel- ligence, microelectronic components, and multi-spectral sensors. The Na- tion’s capability to produce UAS and certain critical UAS components domes- tically is critical for national defense and the security and strength of our defense industrial base. It is the policy of the United States, therefore, to prevent the use of taxpayer dollars to procure UAS that present unacceptable risks and are manufactured by, or contain software or critical electronic components from, foreign adver- saries, and to encourage the use of domestically produced UAS. Sec. 2. Reviewing Federal Government Authority to Limit Government Pro- curement of Covered UAS. (a) The heads of all executive departments and agencies (agencies) shall review their respective authorities to determine whether, and to what extent consistent with applicable law, they could cease: (i) directly procuring or indirectly procuring through a third party, such as a contractor, a covered UAS; (ii) providing Federal financial assistance (e.g., through award of a grant) that may be used to procure a covered UAS; (iii) entering into, or renewing, a contract, order, or other commitment for the procurement of a covered UAS; or (iv) otherwise providing Federal funding for the procurement of a covered UAS. (b) After conducting the review described in subsection (a) of this section, the heads of all agencies shall each submit a report to the Director of VerDate Sep<11>2014 20:45 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE4.SGM 22JAE4 jbell on DSKJLSW7X2PROD with EXECORD4 6822 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents the Office of Management and Budget identifying any authority to take the actions outlined in subsections (a)(i) through (iv) of this section. Sec. 3. Reviewing Federal Government Use of UAS. (a) Within 60 days of the date of this order, the heads of all agencies shall each submit a report to the Director of National Intelligence and the Director of the Office of Science and Technology Policy describing the manufacturer, model, and any relevant security protocols for all UAS currently owned or operated by their respective agency, or controlled by their agency through a third party, such as a contractor, that are manufactured by foreign adversaries or have significant components that are manufactured by foreign adversaries. (b) Within 180 days of the date of this order, the Director of National Intelligence, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of the Office of Science and Technology Policy, and the heads of other agencies, as appropriate, shall review the reports required by subsection (a) of this section and submit a report to the President assessing the security risks posed by the existing Federal UAS fleet and outlining potential steps that could be taken to mitigate these risks, including, if warranted, discontinuing all Federal use of covered UAS and the expeditious removal of UAS from Federal service. Sec. 4. Restricting Use of UAS On or Over Critical Infrastructure or Other Sensitive Sites. Within 270 days of the date of this order, the Administrator of the Federal Aviation Administration (FAA) shall propose regulations pur- suant to section 2209 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190). Sec. 5. Budget. (a) The heads of all agencies shall consider the replacement of covered UAS to be a priority when developing budget proposals and planning for the use of funds. (b) The Director of the Office of Management and Budget shall work with the heads of all agencies to identify possible sources of funding to replace covered UAS in the Federal fleet in future submissions of the Presi- dent’s Budget request. Sec. 6. Definitions. For purposes of this order, the following definitions shall apply: (a) The term ‘‘adversary country’’ means the Democratic People’s Republic of Korea, the Islamic Republic of Iran, the People’s Republic of China, the Russian Federation, or, as determined by the Secretary of Commerce, any other foreign nation, foreign area, or foreign non-government entity engaging in long-term patterns or serious instances of conduct significantly adverse to the national or economic security of the United States. (b) The term ‘‘covered UAS’’ means any UAS that: (i) is manufactured, in whole or in part, by an entity domiciled in an adversary country; (ii) uses critical electronic components installed in flight controllers, ground control system processors, radios, digital transmission devices, cameras, or gimbals manufactured, in whole or in part, in an adversary country; (iii) uses operating software (including cell phone or tablet applications, but not cell phone or tablet operating systems) developed, in whole or in part, by an entity domiciled in an adversary country; (iv) uses network connectivity or data storage located outside the United States, or administered by any entity domiciled in an adversary country; or (v) contains hardware and software components used for transmitting pho- tographs, videos, location information, flight paths, or any other data collected by the UAS manufactured by an entity domiciled in an adversary country. (c) The term ‘‘critical electronic component’’ means any electronic device that stores, manipulates, or transfers digital data. The term critical electronic VerDate Sep<11>2014 20:45 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE4.SGM 22JAE4 jbell on DSKJLSW7X2PROD with EXECORD4 6823 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents component does not include, for example, passive electronics such as resis- tors, and non-data transmitting motors, batteries, and wiring. (d) The term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, government, group, subgroup, other organization, or person. (e) The term ‘‘Intelligence Community’’ has the same meaning set forth for that term in section 3003(4) of title 50, United States Code. (f) The term ‘‘National Airspace System’’ (NAS) means the common net- work of United States airspace; air navigation facilities, equipment, and services; airports or landing areas; aeronautical charts, information, and serv- ices; related rules, regulations, and procedures; technical information; and manpower and material. The term also includes system components shared jointly by the Departments of Defense, Transportation, and Homeland Secu- rity. (g) The term ‘‘Unmanned Aircraft Systems’’ (UAS) means any unmanned aircraft, and the associated elements that are required for the pilot or system operator to operate safely and efficiently in the NAS, including communica- tion links, the components that control the unmanned aircraft, and all critical electronic components. The term UAS does not include any separate commu- nication device, such as a cellular phone or tablet, designed to perform independently of a UAS system, which may be incorporated into the oper- ation of a UAS. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, January 18, 2021. [FR Doc. 2021–01646 Filed 1–21–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:45 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE4.SGM 22JAE4 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD4

Protecting the United States From Certain Unmanned Aircraft Systems

2021-01-18T00:00:00

9a789ba3fc4d5fabdecb70f65efa0f88e3001c76bae369db794fcabaf0fad105

Presidential Executive Order

2021-01476 (13976)

Presidential Documents 6549 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Presidential Documents Executive Order 13976 of January 14, 2021 Establishing the Wildland Fire Management Policy Committee By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. Federal wildland fire management lacks a single focal point of responsibility for policy leadership and accountability for cost con- trols. While executive departments and agencies (agencies) have implemented Executive Order 13855 of December 21, 2018 (Promoting Active Management of America’s Forests, Rangelands, and Other Federal Lands To Improve Conditions and Reduce Wildfire Risk), and similar Administration efforts, more must be done to continue to improve interagency coordination. In contrast to effective ground-level coordination with States, including at the National Interagency Fire Center on suppression activity and the Wildland Fire Leadership Council (WFLC) on Federal-State policy coordination, agen- cies do not adequately or effectively coordinate with each other at the policy level to reduce hazardous fuels and wildfire severity. This order will ensure that agencies effectively work together in coordinating Federal wildland fire management policy to improve funding allocations for haz- ardous fuel projects, performance measures for suppression operations and hazardous fuels mitigation, procurement, Federal-State cooperation and cost sharing, cross-jurisdictional post-wildfire rehabilitation, monitoring of electric transmission lines and other critical infrastructure, and other functions. Sec. 2. Policy. It is the policy of the United States to: (a) Improve coordination among agencies on wildland fire management policy, implementation, and oversight issues; (b) Reduce unnecessary duplication across the Federal Government by coordinating and consolidating existing wildland fire-related councils, work- ing groups, and other formal cross-agency initiatives, as appropriate; (c) Efficiently and effectively manage preparedness resources, initial attack response, extended attack and large-fire support, post-wildfire rehabilitation, and hazardous fuels at a cross-boundary, landscape scale; (d) Promote integrated planning and procurement among agencies for Fed- eral investments in wildland fire management infrastructure; (e) Support workforce development and efforts to recruit, train, and retain Federal wildland firefighters to efficiently and effectively respond to wildfire on public lands, and to protect life, property, and community infrastructure; and (f) Coordinate Federal engagement with State, local, and tribal government entities, including Federal policy positions in the WFLC. Sec. 3. Interagency Wildland Fire Subcabinet. To promote efficient and effective coordination across agencies engaged in Federal wildland fire- fighting and to facilitate coordinated and strategic wildland fire management actions, an interagency Wildland Fire Management Policy Committee (to be known as the Wildland Fire Subcabinet) is hereby established. VerDate Sep<11>2014 21:50 Jan 19, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\21JAE1.SGM 21JAE1 jbell on DSKJLSW7X2PROD with EXECORD1 6550 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Presidential Documents (a) The Wildland Fire Subcabinet shall be co-chaired by the Secretary of Agriculture and Secretary of the Interior (Co-Chairs), and shall include the Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, the Chairman of the Council on Environmental Quality (CEQ), the Director of the Office of Science and Technology Policy (OSTP), the Administrator of the Environmental Protection Agency (EPA), the Director of the National Economic Council (NEC), and the heads of such other agen- cies, or their designated representatives, as the Co-Chairs deem appropriate. (b) The Wildland Fire Subcabinet shall meet quarterly. Sec. 4. Reducing Inefficiencies and Duplication. Currently, several Federal wildfire-related councils, task forces, working groups, and other formal cross- agency initiatives (Federal interagency working groups) exist to address wildland fire management policy. Within 90 days of the date of this order, the Wildland Fire Subcabinet shall, to the extent practicable, identify all such Federal interagency working groups and provide recommendations to the Secretary of the Interior, the Secretary of Agriculture, and the Director of the Office of Management and Budget (OMB) on coordinating and consoli- dating these Federal interagency working groups, as appropriate and con- sistent with applicable law. Sec. 5. Improving Wildland Fire Management Policy Coordination, Implemen- tation, and Oversight. Within 180 days of the date of this order, the Wildland Fire Subcabinet shall develop, publish, and implement a strategic plan ad- dressing the issues described in this section. To implement this strategic plan, the Wildland Fire Subcabinet shall develop specific measurable goals, performance targets, and dashboard reporting for consideration by each Fed- eral agency represented on the Wildland Fire Subcabinet, using common data standards at the wildfire and hazardous fuels program level. This stra- tegic plan shall address the issues described below: (a) Effectively managing preparedness resources, initial attack response, extended attack and large-fire support, post-wildfire rehabilitation, and haz- ardous fuels at a cross-boundary, landscape scale; (b) Developing and adopting additional hazardous fuels performance meas- ures that go beyond the traditional output reporting of total acreage for fuel removal to transparently demonstrate a strategic focus on projects that, by consensus agreement, pose the highest risks to life, property, and commu- nity infrastructure; (c) Developing and adopting additional wildland fire suppression oper- ations performance measures for large wildfires, and for aviation asset deploy- ment, that go beyond the traditional output reporting of acres burned, dollars spent, and gallons of retardant dropped to demonstrate strategic use of high-cost human capital, equipment, and aircraft as opposed to traditional reliance on overwhelming force; (d) Developing and adopting new technologies to bring to bear cutting- edge management of the wildland fire program to improve the safety, effi- ciency, and effectiveness of suppression operations; (e) Developing and adopting data-driven decision-making in order to sup- port infrastructure, allowing for better integration of wildland fire research and development into ground-level suppression operations and hazardous fuel mitigation; VerDate Sep<11>2014 21:50 Jan 19, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\21JAE1.SGM 21JAE1 jbell on DSKJLSW7X2PROD with EXECORD1 6551 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Presidential Documents (f) Evaluating personnel policies to ensure that they allow for the year- round availability of a well-trained firefighting force at all levels, from apprentice to incident command, and the most efficient division of responsi- bility between line officers and incident commanders to support wildfire response and hazardous fuels reduction; (g) Strengthening government and industry collaboration with critical infra- structure owners and operators, including electric utilities, to better manage and mitigate risks, improve and invest in technology research and develop- ment, deploy technologies in concert with the private sector, exchange les- sons learned in training and monitoring capabilities, and share operational practices; (h) Examining regulatory and other issues that negatively impact hazardous fuel reduction and post-wildfire rehabilitation program performance, includ- ing coordination across agencies on projects requiring compliance with the National Environmental Policy Act, 42 U.S.C. 4321 et seq.; (i) Coordinating among Federal land managers to assure efficient and consistent approaches between agencies to review and approve utility vegeta- tion management actions to improve or maintain the reliability of the grid or reduce wildfire risk; and (j) Developing a coordinated budget strategy that addresses the trade- offs between suppression, preparedness, post-wildfire rehabilitation, and fuels treatment to ensure a balanced commitment of resources and investment in areas at risk or affected by wildfire. Sec. 6. Report. Within 1 year of the date of this order, and annually thereafter, the Wildland Fire Subcabinet shall update the Chairman of CEQ, the Director of OMB, the Director of OSTP, and the Director of the NEC on the status of the strategic plan and the specific actions identified in this order. Sec. 7. Administration. The Department of Agriculture shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative support as needed for the Wildland Fire Subcabinet to imple- ment this order. The Departments of the Interior and Agriculture shall consult with WFLC, as appropriate, to effectively carry out the requirements of this order. Sec. 8. Federal Advisory Committee Act. The members of the Wildland Fire Subcabinet should, pursuant to and consistent with the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and in the interest of obtaining advice or recommendations for the Wildland Fire Subcabinet, use their advisory committees, as appropriate. Sec. 9. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 21:50 Jan 19, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\21JAE1.SGM 21JAE1 jbell on DSKJLSW7X2PROD with EXECORD1 6552 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Presidential Documents (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, January 14, 2021. [FR Doc. 2021–01476 Filed 1–19–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 21:50 Jan 19, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\21JAE1.SGM 21JAE1 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD1

Establishing the Wildland Fire Management Policy Committee

2021-01-14T00:00:00

f68f8a367e9c4e8ea744120af9c0517027e88c53406348e812eb4375b94ad0de

Presidential Executive Order

2021-01469 (13975)

Presidential Documents 6547 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Presidential Documents Executive Order 13975 of January 14, 2021 Encouraging Buy American Policies for the United States Postal Service By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. As expressed in Executive Order 13788 of April 18, 2017 (Buy American and Hire American), Executive Order 13858 of January 31, 2019 (Strengthening Buy-American Preferences for Infrastructure Projects), and Executive Order 13881 of July 15, 2019 (Maximizing Use of American-Made Goods, Products, and Materials), it is the policy of the United States to buy American and to maximize, consistent with law, the use of goods, products, and materials produced in the United States. Sec. 2. Definitions. As used in this order: (a) ‘‘Buy American’’ means all policies that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured goods; and (b) ‘‘Buy American Laws’’ means all statutes, regulations, rules, and Execu- tive Orders relating to Federal procurement or Federal grants—including those that refer to ‘‘Buy America’’ or ‘‘Buy American’’—that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manu- factured goods. Sec. 3. Purpose. (a) In certain competitive procurements, the United States Postal Service (USPS) currently applies its own Buy American domestic procurement preferences similar to Buy American Laws implemented across executive departments and agencies. Under such circumstances, and as ex- pressed in section 2–36 of the USPS Supplying Principles and Practices (SPP), USPS procurement policies state that: (i) When the relative importance of price is more important than the other evaluation factors, 6 percent is added to the proposed price of the non-qualifying end product and this adjusted price is used for evalua- tion; and (ii) An end product qualifies as manufactured in the United States if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components, similar to domestic content requirements under the Buy American Laws. (b) Executive Order 13881 required the Federal Acquisition Regulatory Council (FAR Council) to consider proposing new rules in the Federal Acquisition Regulation (FAR), title 48, Code of Federal Regulations, to strengthen Buy American preferential price differentials and domestic content requirements. To ensure consistency across the Federal Government as a whole and to further promote my Administration’s Buy American policy goals, USPS is strongly encouraged to consider similar changes to its Buy American domestic procurement preferences. Sec. 4. Encouraged Rules. Within 90 days of the date of the FAR Council’s issuance of any final rule discussed in section 2 of Executive Order 13881, the United States Postmaster General is encouraged to consider: (a) An amendment or amendments to the applicable sections of the SPP to conform with the FAR provisions regarding price differentials when the VerDate Sep<11>2014 21:49 Jan 19, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\21JAE0.SGM 21JAE0 jbell on DSKJLSW7X2PROD with EXECORD 6548 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Presidential Documents relative importance of price is more important than the other evaluation factors; and (b) An amendment or amendments to the applicable sections of the SPP to conform with the FAR provisions regarding when materials shall be considered to be of foreign origin. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; (ii) the authority granted by law to the USPS, its officers, or its Board of Governors; or (iii) the functions of the Director of the Office of Management and Budget 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, January 14, 2021. [FR Doc. 2021–01469 Filed 1–19–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 21:49 Jan 19, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\21JAE0.SGM 21JAE0 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Encouraging Buy American Policies for the United States Postal Service

2021-01-14T00:00:00

91405846d0bc052acc2b8ce63c4c7e99c637c0677818146658acaec9d1c36fc9

Presidential Executive Order

2021-01228 (13974)

Presidential Documents 4875 Federal Register Vol. 86, No. 11 Tuesday, January 19, 2021 Title 3— The President Executive Order 13974 of January 13, 2021 Amending Executive Order 13959—Addressing the Threat From Securities Investments That Finance Communist Chi- nese Military Companies By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I, DONALD J. TRUMP, President of the United States of America, in order to take additional steps with respect to the national emergency declared in Executive Order 13959 of November 12, 2020 (Addressing the Threat from Securities Investments that Finance Communist Chinese Military Com- panies), to address the threat posed by the People’s Republic of China’s military-industrial complex, hereby order as follows: Section 1. Section 1(b) and (c) of Executive Order 13959 are amended to read as follows: ‘‘(b) Notwithstanding subsection (a)(i) of this section, any transaction en- tered into on or before 11:59 p.m. eastern standard time on November 11, 2021, solely to divest, in whole or in part, from securities that any United States person held as of 9:30 a.m. eastern standard time on January 11, 2021, in a Communist Chinese military company as defined in section 4(a)(i) of this order, is permitted. Effective at 11:59 p.m. eastern standard time on November 11, 2021, possession of any such securities by a United States person is prohibited. (c) Notwithstanding subsection (a)(ii) of this section, for a person deter- mined to be a Communist Chinese military company pursuant to section 4(a)(ii) or (iii) of this order, any transaction entered into on or before 365 days from the date of such determination, solely to divest, in whole or in part, from securities that any United States person held in such person, as of the date 60 days from the date of such determination, is permitted. Effective at 11:59 p.m. eastern standard time on the date 365 days after the date of such determination, possession of any such securities by a United States person is prohibited.’’ Sec. 2. Subsections (a)(ii) and (iii) of section 4 of Executive Order 13959 are amended to read as follows: ‘‘(ii) any person that the Secretary of Defense, in consultation with the Secretary of the Treasury, publicly lists as a Communist Chinese military company meeting the criteria in section 1237(b)(4)(B) of Public Law 105– 261, as amended by section 1233 of Public Law 106–398 and section 1222 of Public Law 108–375, and that operates directly or indirectly in the United States or any of its possessions, until such time as the Secretary of Defense removes such person from such list. This definition shall apply regardless of whether the Secretary of Defense must provide the report described in section 1237(b)(2) of Public Law 105–261, as amended by section 1233 of Public Law 106–398 and section 1222 of Public Law 108–375; or (iii) any person that the Secretary of the Treasury publicly lists as meeting the criteria described in section (a)(ii) of this section, or publicly lists as a subsidiary of a person already determined to be a Communist Chinese VerDate Sep<11>2014 22:53 Jan 15, 2021 Jkt 253250 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\19JAE0.SGM 19JAE0 khammond on DSKJM1Z7X2PROD with PRESDOC 4876 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Presidential Documents military company, until the Secretary of the Treasury determines that such person no longer meets that criteria and removes such person from such list.’’ Sec. 3. Section 4(e) of Executive Order 13959 is amended to read as follows: ‘‘(e) the term ‘‘transaction’’ means the purchase for value, or sale, of any publicly traded security; and’’. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, January 13, 2021. [FR Doc. 2021–01228 Filed 1–15–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 22:53 Jan 15, 2021 Jkt 253250 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\19JAE0.SGM 19JAE0 Trump.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC

Amending Executive Order 13959Addressing the Threat From Securities Investments That Finance Communist Chinese Military Companies

2021-01-13T00:00:00

9567192db31bc4aae235b464d7c4170aadfde00ba85523b0e5f8082eb9d91b09

Presidential Executive Order

2021-01094 (13973)

Presidential Documents 3733 Federal Register Vol. 86, No. 10 Friday, January 15, 2021 Title 3— The President Executive Order 13973 of January 8, 2021 Providing an Order of Succession Within the Environmental Protection Agency By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, as amended, 5 U.S.C. 3345 et seq. (the ‘‘Act’’), it is hereby ordered as follows: Section 1. Order of Succession. Subject to the provisions of section 2 of this order, and to the limitations set forth in the Act, the following officials of the Environmental Protection Agency, in the order listed, shall act as and perform the functions and duties of the office of the Administrator of the Environmental Protection Agency (Administrator) during any period in which the Administrator and the Deputy Administrator of the Environ- mental Protection Agency have died, resigned, or otherwise become unable to perform the functions and duties of the office of Administrator: (a) General Counsel; (b) Assistant Administrator, Office of Solid Waste (also known as the Assistant Administrator for the Office of Land and Emergency Management); (c) Assistant Administrator for Toxic Substances (also known as the Assist- ant Administrator for the Office of Chemical Safety and Pollution Prevention); (d) Assistant Administrator for the Office of Air and Radiation; (e) Assistant Administrator for the Office of Water; (f) Assistant Administrator for the Office of Enforcement and Compliance Assurance; (g) Chief Financial Officer; (h) Assistant Administrator for the Office of Research and Development; (i) Assistant Administrator for the Office of International and Tribal Affairs; (j) Assistant Administrator for the Office of Mission Support; (k) Associate Deputy Administrator for Programs; (l) Associate Deputy Administrator; (m) Regional Administrator, Region VIII; (n) Principal Deputy Assistant Administrator for the Office of Mission Support; (o) Deputy Regional Administrator, Region VIII; (p) Principal Deputy General Counsel; and (q) Principal Deputy Assistant Administrator for the Office of Enforcement and Compliance Assurance. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1(a)–(q) of this order in an acting capacity shall, by virtue of so serving, act as Administrator pursuant to this order. (b) No individual listed in section 1(a)–(q) of this order shall act as Administrator unless that individual is otherwise eligible to so serve under the Act. VerDate Sep<11>2014 18:04 Jan 14, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\15JAE0.SGM 15JAE0 3734 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Presidential Documents (c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Administrator. Sec. 3. Revocation. Executive Order 13763 of January 13, 2017 (Providing an Order of Succession Within the Environmental Protection Agency), is hereby revoked. Sec. 4. General Provision. 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, January 8, 2021. [FR Doc. 2021–01094 Filed 1–14–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 18:04 Jan 14, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\15JAE0.SGM 15JAE0 Trump.EPS</GPH>

Providing an Order of Succession Within the Environmental Protection Agency

2021-01-08T00:00:00

20fa0805ec180def489e026ea6482f4bcd7fa2554f723d1024364e1b2f34c178

Presidential Executive Order

2021-01013 (13972)

Presidential Documents 3727 Federal Register Vol. 86, No. 9 Thursday, January 14, 2021 Title 3— The President Executive Order 13972 of January 5, 2021 Promoting Small Modular Reactors for National Defense and Space Exploration By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. Nuclear energy is critical to United States national security. That is why I have taken a series of actions to promote its develop- ment and facilitate its use. On June 29, 2017, I announced an initiative to revive and expand the nuclear energy sector and directed a complete review of United States nuclear energy policy to help find new ways to revitalize this crucial energy resource. On July 12, 2019, I signed a Presi- dential Memorandum entitled ‘‘The Effect of Uranium Imports on the Na- tional Security and Establishment of the United States Nuclear Fuel Working Group,’’ with the goal of examining the current state of domestic nuclear fuel production and reinvigorating the nuclear fuel supply chain, consistent with United States national security and nonproliferation goals. On August 20, 2019, I signed National Security Presidential Memorandum–20, entitled ‘‘Launch of Spacecraft Containing Space Nuclear Systems,’’ calling for devel- opment and use of space nuclear systems to enable or enhance space explo- ration and operational capabilities. The purpose of this order is to take an important additional step to revitalize the United States nuclear energy sector, reinvigorate America’s space explo- ration program, and develop diverse energy options for national defense needs. Under this action, the United States Government will coordinate its nuclear activities to apply the benefits of nuclear energy most effectively toward American technology supremacy, including the use of small modular reactors for national defense and space exploration. This work is critical to advancing my Administration’s priorities for the United States to lead in research, technology, invention, innovation, and advanced technology development; its mission to promote and protect the United States national security innovation base; its drive to secure energy dominance; and its commitment to achieving all of these goals in a manner consistent with the highest nuclear nonproliferation standards. The United States was the first nation to invent and develop the technology to harness nuclear energy. Since the 1950s, the United States Navy has been operating and advancing transportable nuclear reactors, resulting in powerfully enhanced marine propulsion for its aircraft carriers and allowing nuclear-powered submarines to remain submerged for extended periods of time. The United States must sustain its ability to meet the energy requirements for its national defense and space exploration initiatives. The ability to use small modular reactors will help maintain and advance United States dominance and strategic leadership across the space and terrestrial domains. Sec. 2. Policy. It is the policy of the United States to promote advanced reactor technologies, including small modular reactors, to support defense installation energy flexibility and energy security, and for use in space exploration, guided by the following principles: (a) A healthy and robust nuclear energy industry is critical to the national security, energy security, and economic prosperity of the United States; VerDate Sep<11>2014 00:12 Jan 14, 2021 Jkt 253250 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE0.SGM 14JAE0 khammond on DSKJM1Z7X2PROD with PRESDOC 3728 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Presidential Documents (b) The United States should maintain technology supremacy for nuclear research and development, manufacturing proficiency, and security and safe- ty; and (c) The United States Government should bolster national defense and space exploration capabilities and enable private-sector innovation of ad- vanced reactor technologies. Sec. 3. Demonstration of Commercial Reactors to Enhance Energy Flexi- bility at a Defense Installation. (a) Micro-reactors have the potential to enhance energy flexibility and energy security at domestic military installa- tions in remote locations. Accordingly, the Secretary of Defense shall, within 180 days of the date of this order, establish and implement a plan to demonstrate the energy flexibility capability and cost effectiveness of a Nu- clear Regulatory Commission-licensed micro-reactor at a domestic military installation. (b) If the demonstration is successful, the Secretary of Defense shall identify opportunities at domestic military installations where this capability could enhance or supplement the fulfillment of installation energy requirements. In identifying these opportunities, the Secretary of Defense shall take into account considerations that are unique to national defense needs and require- ments that may not be relevant in the private sector, such as: (i) the ability to provide resilient, independent energy delivery to installa- tions in the event that connections to an electrical grid are compromised; (ii) the ability to operate for an extended period of time without refueling; (iii) system resistance to disruption from an electro-magnetic pulse event; and (iv) system cybersecurity requirements. Sec. 4. Defense Capabilities. (a) The Department of Defense is one of the largest consumers of energy in the world, using more than 10 million gallons of fuel per day and 30,000 gigawatt-hours of electricity per year, nearly all of which is provided through civilian electrical grids. Fuel demands for a modern United States military have dramatically grown since World War II and are anticipated to continue to increase in order to support high-energy-usage military systems. In this context, nuclear power could significantly enhance national defense power capabilities. (b) The Secretary of Defense shall, in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of Energy, and the Admin- istrator of the National Aeronautics and Space Administration (NASA Admin- istrator): (i) determine whether advanced nuclear reactors can be made to benefit Department of Defense future space power needs; (ii) pilot a transportable micro-reactor prototype; (iii) direct an analysis of alternatives for personnel, regulatory, and tech- nical requirements to inform future decisions with respect to nuclear power usage; and (iv) direct an analysis of United States military uses for space nuclear power and propulsion technologies and an analysis of foreign adversaries’ space power and propulsion programs. Sec. 5. Space Exploration. (a) Nuclear power sources that use uranium fuel or plutonium heat sources are essential to deep space exploration and in areas where solar power is not practical. NASA uses radioisotope power systems, such as radioisotope thermoelectric generators and radioisotope heater units, to provide power and heat for deep space robotic missions. Nuclear power sources in the kilowatt range may be needed for demonstrating In-situ Resource Utilization (ISRU) and robotic exploration of permanently shadowed craters on the Moon that contain frozen water. Nuclear reactors up to 100 kilowatts may be needed to support human habitats, ISRU, other facilities, and rovers on both the Moon and Mars. Power sources in the VerDate Sep<11>2014 00:12 Jan 14, 2021 Jkt 253250 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE0.SGM 14JAE0 khammond on DSKJM1Z7X2PROD with PRESDOC 3729 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Presidential Documents megawatt range would be necessary for efficient, long-duration deep space propulsion. Affordable, lightweight nuclear power sources in space would enable new opportunities for scientific discovery. The sustainable exploration of the Moon, Mars, and other locations will be enhanced if small modular reactors can be deployed and operated remotely from Earth. (b) Within 180 days of the date of this order, the NASA Administrator, in consultation with heads of other executive departments and agencies (agencies), as appropriate, shall define requirements for NASA utilization of nuclear energy systems for human and robotic exploration missions through 2040 and analyze the costs and benefits of such requirements. In defining these requirements, the NASA Administrator shall take into account considerations unique to the utilization of nuclear energy systems in space, such as: (i) transportability of a reactor prior to and after deployment; (ii) thermal management in a reduced- or zero-gravity environment in a vacuum or near-vacuum; (iii) fluid transfer within reactor systems in a reduced or zero-gravity environment; (iv) reactor size and mass that can be launched from Earth and assembled in space; (v) cooling of nuclear reactors in space; (vi) electric power requirements; (vii) space safety rating to enable operations as part of human space exploration missions; (viii) period of time for which a reactor can operate without refueling; and (ix) conditioning of reactor components for use in the space environment. Sec. 6. Domestic Fuel Supply. (a) A thriving and secure domestic nuclear fuel supply chain is critical to the national interests of the United States. A viable domestic nuclear fuel supply chain not only supports defense and national security activities, but also enables the success of the commer- cial nuclear industry. Many advanced reactor concepts, however, will require high-assay, low-enriched uranium (HALEU), for which no domestic commer- cial enrichment capability currently exists. The United States must take steps to ensure a viable United States-origin HALEU supply. (b) The Secretary of Energy shall complete the Department of Energy’s ongoing 3-year, $115 million demonstration of a United States-origin enrich- ment technology capable of producing HALEU for use in defense-related advanced reactor applications. Within funding available for the demonstra- tion project, the Secretary of Energy should develop a plan to promote successful transition of this technology to the private sector for commercial adoption. (c) The Secretary of Energy shall consult with the Secretary of Defense, the Director of the Office of Management and Budget, and the NASA Adminis- trator regarding how advanced fuels and related technologies can best support implementation of sections 3, 4, and 5 of this order. Sec. 7. Common Technology Roadmap. (a) The Secretary of State, the Sec- retary of Defense, the Secretary of Commerce, the Secretary of Energy, and the NASA Administrator shall develop a common technology roadmap through 2030 that describes potential development programs and that coordi- nates, to the extent practicable, terrestrial-based advanced nuclear reactor and space-based nuclear power and propulsion efforts. Agencies shall remain responsible for funding their respective mission-unique requirements. The roadmap shall also include, at a minimum: (i) assessments of foreign nations’ space nuclear power and propulsion technological capabilities; VerDate Sep<11>2014 00:12 Jan 14, 2021 Jkt 253250 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE0.SGM 14JAE0 khammond on DSKJM1Z7X2PROD with PRESDOC 3730 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Presidential Documents (ii) pathways for transitioning technologies developed through Federally supported programs to private-sector activities; and (iii) other applications supporting the goals provided in section 1 of this order. (b) The roadmap shall be submitted to the President by the Director of the Office of Management and Budget, the Assistant to the President for Domestic Policy, the Director of the Office of Science and Technology Policy, the Assistant to the President for National Security Affairs, the Assist- ant to the President for Economic Policy, and the Executive Secretary of the National Space Council before submissions of budget proposals by the Secretary of State, the Secretary of Commerce, the Secretary of Energy, and the NASA Administrator. Sec. 8. Definitions. For purposes of this order: (a) The term ‘‘small modular reactor’’ refers to an advanced nuclear reactor of electric generation capacity less than 300 megawatt-electric. Because of the smaller size, small modular reactors can generally be designed for factory fabrication and modular construction to take advantage of economies of serial production and shorter construction times. (b) The term ‘‘micro-reactor’’ refers to a nuclear reactor of electric genera- tion capacity less than 10 megawatt-electric that can be deployed remotely. Micro-reactors are a subset of small modular reactors and are also known as ‘‘very small modular reactors.’’ (c) The term ‘‘transportable micro-reactor’’ refers to a micro-reactor that can be moved by truck, ship, or large military transport aircraft and is capable of both rapid deployment and teardown or removal, typically with safe teardown or removal less than 1 week after 1 year of full-power operation. (d) The term ‘‘space exploration’’ refers to in-space scientific and resource exploration, in-space economic and industrial development, and development of associated in-space logistical infrastructure. (e) The term ‘‘national defense’’ refers to the protection of the United States and its interests from foreign attack or other natural danger, including phenomena occurring on Earth and in space. Sec. 9. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 00:12 Jan 14, 2021 Jkt 253250 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE0.SGM 14JAE0 khammond on DSKJM1Z7X2PROD with PRESDOC 3731 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Presidential Documents (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, January 5, 2021. [FR Doc. 2021–01013 Filed 1–13–21; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 00:12 Jan 14, 2021 Jkt 253250 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\14JAE0.SGM 14JAE0 Trump.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC

Promoting Small Modular Reactors for National Defense and Space Exploration

2021-01-05T00:00:00

751b7d4f1fae88c96f87f49c80271d7c2ef1e9c4e3a2c5c3ff334add1ef98ebb

Presidential Executive Order

2020-28606 (13968)

Presidential Documents 83745 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Presidential Documents Executive Order 13968 of December 18, 2020 Promoting Redemption of Savings Bonds By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. Since 1935, the Department of the Treasury (Department) has issued savings bonds to the American public. Backed by the full faith and credit of the United States Government, these bonds are extremely safe investments that were designed to be accessible even to inexperienced investors. Indeed, over the years, savings bonds have proved to be a popular birthday or graduation gift, helping introduce younger Americans to the rewards of investing in our country’s future. Among other things, savings bonds provided the United States with a critical source of financing during World War II. By law, savings bonds never expire, and there is no deadline for owners to redeem them. It is currently estimated that more than 75 million matured savings bonds, issued as far back as 1935, remain unredeemed. The total value of these unredeemed savings bonds is approximately $27 billion. Above and beyond any legal requirements applicable to savings bonds, the Department should take all appropriate action to make sure that those Ameri- cans who invested in the future success of their country have the opportunity to receive the remuneration to which they are lawfully entitled. Under my Administration, the Department has already undertaken significant meas- ures to reunite matured savings bonds with their rightful owners. For exam- ple, the Department in 2019 released an online tool known as ‘‘Treasury Hunt’’ to help individuals determine if they are the owners of matured unredeemed savings bonds. This order is the next step in ensuring that owners of matured savings bonds have a full opportunity to redeem their bonds. Sec. 2. Updating Records. The Department shall work to digitize and make electronically searchable sufficient information to identify the registered owner of any matured unredeemed savings bond, including the name and registered address of such owner and of any registered beneficiaries. In particular, the Department shall complete its ongoing pilot project to assess the feasibility and cost of digitizing and making these records searchable and accessible, which is being carried out in conjunction with multiple vendors, before the end of calendar year 2020. If the pilot project is successful, a vendor shall be selected to begin digitizing savings bond records. When digitizing records, the Department shall, to the extent feasible, focus first on the bond-issuance years that represent the highest percentage of matured unredeemed debt. Sec. 3. Information Accessibility. Within 30 days of beginning to receive data from the digitization of records described in section 2 of this order, the Department shall incorporate into the data accessible through Treasury Hunt information collected from the digitized records, in a secure manner and consistent with applicable law, including the Privacy Act. The Depart- ment shall work to ensure that this information can be used through Treasury Hunt to help individuals determine if they are the owners of matured unredeemed savings bonds. Sec. 4. Customer Research. The Department shall conduct customer research to determine why individuals do not redeem savings bonds upon maturity, any barriers individuals encounter when they do attempt to redeem their VerDate Sep<11>2014 16:23 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\23DEE1.SGM 23DEE1 jbell on DSKJLSW7X2PROD with EXECORD1 83746 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Presidential Documents bonds, and the feasibility of modifying redemption methods or developing alternative redemption methods in order to mitigate, overcome, or avoid any such barriers. Sec. 5. Collaboration with States. The Department shall engage with States and State associations to obtain additional data and information to help the Department identify owners of unredeemed bonds, to learn best practices employed by the States regarding the redemption of mature bonds, and to encourage the States to add direct links to Treasury Hunt to States’ unclaimed property websites or other appropriate State publications or infor- mation portals. Sec. 6. Public Reporting. Within 6 months of the date of this order, the Secretary of the Treasury shall publish a report on actions and initiatives undertaken by the Department to implement this order. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, December 18, 2020. [FR Doc. 2020–28606 Filed 12–22–20; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:23 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\23DEE1.SGM 23DEE1 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD1

Promoting Redemption of Savings Bonds

2020-12-18T00:00:00

a9baaddfc1e40f80565f80b05f01f34786c865b9d8f909f0f4317af5ef267af9

Presidential Executive Order

2020-29235 (13969)

Presidential Documents 219 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Presidential Documents Executive Order 13969 of December 28, 2020 Expanding Educational Opportunity Through School Choice By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure the education, health, safety, and well-being of America’s children, our most essential resource upon which the future of our great Nation depends, it is hereby ordered as follows: Section 1. Purpose. As part of their efforts to address the public health challenges and uncertainties posed by the COVID–19 pandemic, State and local officials shut down in-person learning for the vast majority of our more than 56 million elementary and secondary school students beginning in late February and early March of this year. Since then, however, our Nation has identified effective measures to facilitate the safe resumption of in-person learning, and the Federal Government has provided more than $13 billion to States and school districts to implement those measures. The prolonged deprivation of in-person learning opportunities has produced undeniably dire consequences for the children of this country. The Centers for Disease Control and Prevention has stated that school attendance is negatively correlated with a child’s risk of depression and various types of abuse. States have seen substantial declines in reports of child maltreat- ment while school buildings have been closed, indicating that allegations are going unreported. These reductions are driven in part by social isolation from the schoolteachers and support staff with whom students typically interact and who have an obligation to report suspected child maltreatment. The American Academy of Pediatrics (AAP) has also found that school closures have a ‘‘substantial impact on food security and physical activity for children and families.’’ Additionally, a recent survey of educators found student absences from school, including virtual learning, have nearly doubled during the pandemic, and as AAP has noted, chronic absenteeism is associ- ated with alcohol and drug use, teenage pregnancy, juvenile delinquency, and suicide attempts. School closures are especially difficult for families with children with special needs. Schools provide not only academic supports for students with special needs, but they also provide much-needed in-person therapies and services, including physical and occupational therapies. A recent survey found that 80 percent of children with special needs are not receiving the services and supports to which they are entitled and that approximately 40 percent of children with special needs are receiving no services or supports. More- over, the survey found that virtual learning may not be fully accessible to these students, as children with special needs are twice as likely to receive little or no remote learning and to be dissatisfied with the remote learning received. Low-income and minority children are also disproportionately affected by school closures. In low-income zip codes, students’ math progress decreased by nearly 50 percent while school buildings were closed in the spring, and the math progress of students in middle-income zip codes fell by almost a third during the same period. A recent analysis projected that, if in- person classes do not fully resume until January 2021, Hispanic, Black, and low-income students will lose 9.2, 10.3, and 12.4 months of learning, respectively. VerDate Sep<11>2014 18:07 Dec 31, 2020 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\04JAE0.SGM 04JAE0 220 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Presidential Documents A failure to quickly resume in-person learning options is likely to have long-term economic effects on children and their families. According to a recent study, if in-person classes do not fully resume until January 2021, the average student could lose $61,000 to $82,000 in lifetime earnings, or the equivalent of a year of full-time work. Additionally, in 2019, more than 90 percent of children under the age of 18 had at least one employed parent. Many employed parents do not have the option of engaging in remote work that allows them the flexibility to supervise their children during the day when in-person learning options are not available. Without the resumption of in-person learning opportunities, the economic and social harms resulting from such lost employment opportunities will continue to compound. To help mitigate these harms, the Department of Health and Human Services recently announced additional relief for low-income parents by allowing States to use funds available through the Child Care and Development Fund to subsidize child care services and services that supplement academic instruction for children under the age of 13 who are participating in virtual instruction. Nevertheless, virtual instruction is an inadequate substitute for in-person learning opportunities and this aid is insufficient to meet current needs. While some families, especially those with financial means, have been able to mitigate school disruptions through in-person options such as homeschooling, private schools, charter schools, and innovative models like microschools and ‘‘learning pods,’’ for many families, their children’s residen- tially assigned public school remains their only financially available option. Unfortunately, more than 50 percent of all public-school students in the United States began school remotely this fall. These children, including those with special needs, are being underserved due to the public education system’s failure to provide in-person learning options. Students whose families pay tuition for their education are also facing significant hardships due to the economic disruptions caused by the pan- demic. Scores of private schools, including approximately 100 Catholic schools, have permanently closed since the onset of COVID–19, and more than half of our Nation’s private schools are believed to have lost enrollment due to the pandemic. These closures and declining enrollments are harmful to students, bad for communities, and likely to impose increased strain on public school systems. I am committed to ensuring that all children of our great Nation have access to the educational resources they need to obtain a high-quality edu- cation and to improving students’ safety and well-being, including by empow- ering families with emergency learning scholarships. Sec. 2. Providing Emergency Learning Scholarships for Students. The Sec- retary of Health and Human Services shall take steps, consistent with law, to allow funds available through the Community Services Block Grant pro- gram to be used by grantees and eligible entities to provide emergency learning scholarships to disadvantaged families for use by any child without access to in-person learning. These scholarships may be used for: (i) tuition and fees for a private or parochial school; (ii) homeschool, microschool, or learning-pod costs; (iii) special education and related services, including therapies; or (iv) tutoring or remedial education. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. VerDate Sep<11>2014 18:07 Dec 31, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\04JAE0.SGM 04JAE0 221 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Presidential Documents (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, December 28, 2020. [FR Doc. 2020–29235 Filed 12–31–20; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 18:07 Dec 31, 2020 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\04JAE0.SGM 04JAE0 Trump.EPS</GPH>

Expanding Educational Opportunity Through School Choice

2020-12-28T00:00:00

8c3235d5906e7f28bc444d52f86721992a5ea1313fe4d18e61a229a89c592f23

Presidential Executive Order

2020-27807 (13965)

Presidential Documents 81337 Federal Register Vol. 85, No. 242 Wednesday, December 16, 2020 Title 3— The President Executive Order 13965 of December 11, 2020 Providing for the Closing of Executive Departments and Agencies of the Federal Government on December 24, 2020 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. All executive departments and agencies of the Federal Government shall be closed and their employees excused from duty on Thursday, Decem- ber 24, 2020, the day before Christmas Day. Sec. 2. The heads of executive departments and agencies may determine that certain offices and installations of their organizations, or parts thereof, must remain open and that certain employees must report for duty on December 24, 2020, for reasons of national security, defense, or other public need. Sec. 3. December 24, 2020, shall be considered as falling within the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C. 5546 and 6103(b) and other similar statutes insofar as they relate to the pay and leave of employees of the United States. Sec. 4. The Director of the Office of Personnel Management shall take such actions as may be necessary to implement this order. Sec. 5. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. VerDate Sep<11>2014 15:47 Dec 15, 2020 Jkt 253250 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 khammond on DSKJM1Z7X2PROD with PRESDOC 81338 Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Presidential Documents (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, December 11, 2020. [FR Doc. 2020–27807 Filed 12–15–20; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:47 Dec 15, 2020 Jkt 253250 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 Trump.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC

Providing for the Closing of Executive Departments and Agencies of the Federal Government on December 24, 2020

2020-12-11T00:00:00

c0413ade746c7a025f2d3903214096e4696208602dab22b514d76a086dd45667

Presidential Executive Order

2020-27948 (13966)

Presidential Documents 81777 Federal Register Vol. 85, No. 243 Thursday, December 17, 2020 Title 3— The President Executive Order 13966 of December 14, 2020 Increasing Economic and Geographic Mobility By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 305 of title 5, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Policy and Principles. As expressed in Executive Order 13777 of February 24, 2017 (Enforcing the Regulatory Reform Agenda), it is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people. Overly burdensome occupational licensing require- ments can impede job creation and slow economic growth, which undermines our Nation’s prosperity and the economic well-being of the American people. Such regulations can prevent American workers and job seekers from earning a living, maximizing their personal and economic potential, and achieving the American Dream. The purpose of this order is to reduce the burden of occupational regulations in order to promote the free practice of commerce, lower consumer costs, and increase economic and geographic mobility, in- cluding for military spouses. My Administration is committed to continuing this important work by partnering with State, local, territorial, and tribal leaders throughout the country to eliminate harmful occupational regulations, which are frequently designed to protect politically connected interest groups. To this end, in October 2019, my Administration announced the establishment of the Gov- ernors’ Initiative on Regulatory Innovation, which works with State, local, and tribal leaders to advance occupational licensing reforms, better align State and Federal regulations, and eliminate unnecessary regulations that drive up consumer costs. Occupational regulations can protect practitioners from competition rather than protect the public from malpractice. Unfortunately, the number of occupational regulations has substantially increased over the last few dec- ades. Since the 1950s, the percentage of jobs requiring a government-man- dated occupational license has increased from less than 5 percent to between 25 and 30 percent. By requiring workers to acquire new licenses when they move to a new jurisdiction, occupational regulations reduce worker mobility, disproportionately harm low-income Americans, and are particu- larly burdensome to military spouses who must relocate to support the service members committed to keeping our country safe. Additionally, blan- ket prohibitions that prevent individuals with criminal records from obtaining occupational licenses may exacerbate disparities in employment opportunity and increase the likelihood of recidivism, particularly as regulatory barriers to enter lower- and middle-income occupations are associated with higher recidivism rates. Licensing requirements unnecessary to protect consumers from significant and demonstrable harm also frequently impose expensive educational requirements on potential job seekers, even for occupations with limited future earnings potential. According to recent research, licensing requirements have cost our country an estimated 2.85 million jobs and over $200 billion annually in increased consumer costs. Therefore, it is the policy of the United States Government to support occupational regulation reform throughout the Nation, building on occupa- tional licensing reforms enacted most recently in Arizona, Florida, Iowa, Missouri, and South Dakota, guided by six principles: VerDate Sep<11>2014 02:18 Dec 17, 2020 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\17DEE0.SGM 17DEE0 lotter on DSK30NT082PROD with PRESDOC 81778 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Presidential Documents Principle 1. All recognized occupational licensure boards should be subject to active supervision of a designated governmental agency or office. Principle 2. All occupational licensure boards recognized by a State, terri- torial, or tribal government that oversee personal qualifications related to the practice of an occupation should adopt and maintain the criteria and methods of occupational regulation that are least restrictive to competition sufficient to protect consumers from significant and demonstrable harm to their health and safety. The policies and procedures of such boards should be designed to protect consumer and worker safety and to encourage competi- tion. Principle 3. State, territorial, and tribal governments should review existing occupational regulations, including associated scope-of-practice provisions, to ensure that their requirements are the least restrictive to competition sufficient to protect consumers from significant and demonstrable harm. State, territorial, and tribal governments should also regularly review and analyze all occupational regulations, including associated personal qualifica- tions required to obtain an occupational license, to ensure the adoption of the least restrictive requirements necessary to protect consumers from significant and demonstrable harm. Principle 4. Individuals with criminal records should be encouraged to submit to the appropriate licensure board a preliminary application for an occupa- tional license for a determination as to whether the criminal record would preclude their attainment of the appropriate occupational license. Principle 5. A State, territorial, or tribal government should issue an occupa- tional license to a person in the discipline applied for and at the same level of practice if the individual satisfies four requirements: (a) the individual holds an occupational license for that discipline from another jurisdiction in the United States and is in good standing; (b) the individual verifies having met, as applicable, the minimum examina- tion, education, work, or clinical-supervision requirements imposed by the State, territory, or tribe; (c) the individual: (i) has not had the license previously revoked or suspended; (ii) has not been disciplined related to the license by any other regulating entity; and (iii) is not subject to any pending complaint, allegation, or investigation related to the license; and (d) the individual pays all applicable fees required to obtain the new license. Principle 6. Accommodations should be made for any applicant for an occupational license who is the spouse of an active duty member of the uniformed services and who is relocating with the member due to the member’s official permanent change of station orders. Sec. 2. Review of and Report on Authorities, Regulations, Guidance, and Policies. The head of each executive department and agency (agency) shall, within 90 days of the date of this order and every 2 years thereafter: (a) review the agency’s authorities, regulations, guidance, and polices to identify changes necessary to ensure alignment with the principles set forth in section 1 of this order; and (b) submit a report to the Director of the Office of Management and Budget (Director of OMB), the Assistant to the President for Domestic Policy, and the Assistant to the President and Director of Intergovernmental Affairs (Director of IGA) identifying all necessary changes identified pursuant to subsection (a) of this section. Sec. 3. Identification and Report of Opportunities to Encourage Occupational Regulation Reform. (a) Within 90 days of the date of this order, and every 2 years thereafter, the head of each agency shall submit a report to the VerDate Sep<11>2014 02:18 Dec 17, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\17DEE0.SGM 17DEE0 lotter on DSK30NT082PROD with PRESDOC 81779 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Presidential Documents Director of OMB, the Assistant to the President for Domestic Policy, and the Director of IGA identifying a list of recommended actions available to any and all agencies to recognize and reward State, territorial, and tribal governments that have in place policies and procedures regarding occupa- tional regulation that are consistent with the principles set forth in section 1 of this order; and (b) Within 120 days of the date of this order, and every 2 years thereafter, the Assistant to the President for Domestic Policy, in consultation with the Secretary of Commerce, the Secretary of Labor, the Director of OMB, the Administrator of the Small Business Administration, the Director of IGA, and the heads of other agencies and offices as appropriate, shall submit a report to the President identifying: (i) recommended changes to Federal law, regulations, guidance, and other policies to ensure alignment with the principles set forth in section 1 of this order; (ii) recommended actions to be taken by agencies to recognize and reward State, territorial, and tribal governments that have in place policies and procedures regarding occupational regulation that are consistent with the principles set forth in section 1 of this order; and (iii) a list of criteria that may be used to evaluate whether a State, territorial, or tribal government has in place policies and procedures that are con- sistent with the principles set forth in section 1 of this order. Sec. 4. Implementation of Recommendations to Recognize and Reward State, Territorial, and Tribal Regulatory Reform. (a) Within 180 days of the date of this order, and every 2 years thereafter, the Administrator of the Small Business Administration, in consultation with the Secretary of Commerce, the Secretary of Labor, the Secretary of Health and Human Services, and the heads of other agencies as appropriate, shall seek and report on informa- tion from State, territorial, and tribal governments regarding whether they have in place policies and procedures consistent with the principles set forth in section 1 of this order and shall make the report publicly available, including on agencies’ websites. The information sought shall be consistent with the criteria identified as required by section 3(b)(iii) of this order. (b) Consistent with applicable law, and to the extent that the President approves any of the actions recommended pursuant to section 3(b)(ii) of this order, agencies shall implement such actions for the purpose of recog- nizing and rewarding a State, territorial, or tribal government that has in place policies and procedures regarding occupational regulation that are consistent with the principles set forth in section 1 of this order. Sec. 5. Definitions. For the purposes of this order: (a) ‘‘Active supervision’’ means: (i) reviewing proposed occupational licensure board rules, policies, or other regulatory actions that may restrict market competition prior to issuance; (ii) ensuring that any entity seeking to impose occupational licensing criteria adopts the criteria that are least restrictive to competition sufficient to protect consumers from significant and demonstrable harm to their health or safety; and (iii) analyzing, where information is readily available, the effects of pro- posed rules, policies, and other regulatory actions on employment opportu- nities, consumer costs, market competition, and administrative costs. (b) ‘‘Agency’’ has the meaning given that term in section 3502(1) of title 44, United States Code, except that the term does not include the agencies described in section 3502(5) of title 44, United States Code, other than the Bureau of Consumer Financial Protection. (c) ‘‘Occupational license’’ means a license, registration, or certification without which an individual lacks the legal permission of a State, local, territorial, or tribal government to perform certain defined services for com- pensation. VerDate Sep<11>2014 02:18 Dec 17, 2020 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\17DEE0.SGM 17DEE0 lotter on DSK30NT082PROD with PRESDOC 81780 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Presidential Documents (d) ‘‘Occupational regulation’’ includes: (i) licensing or government certification, by which a government body requires personal qualifications in order to be permitted to practice an occupation; and (ii) registration, bonding, or inspections, by which a government body does not require personal qualifications in order to be permitted to practice an occupation. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, December 14, 2020. [FR Doc. 2020–27948 Filed 12–16–20; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 02:18 Dec 17, 2020 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\17DEE0.SGM 17DEE0 Trump.EPS</GPH> lotter on DSK30NT082PROD with PRESDOC

Increasing Economic and Geographic Mobility

2020-12-14T00:00:00

06c03a42637fa899fc862b0eea5b921823b137d3547b5b2d90a27829e5cd802f

Presidential Executive Order

2020-28605 (13967)

Presidential Documents 83739 Federal Register Vol. 85, No. 247 Wednesday, December 23, 2020 Title 3— The President Executive Order 13967 of December 18, 2020 Promoting Beautiful Federal Civic Architecture By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. Societies have long recognized the importance of beautiful public architecture. Ancient Greek and Roman public buildings were de- signed to be sturdy and useful, and also to beautify public spaces and inspire civic pride. Throughout the Middle Ages and the Renaissance, public architecture continued to serve these purposes. The 1309 constitution of the City of Siena required that ‘‘[w]hoever rules the City must have the beauty of the City as his foremost preoccupation . . . because it must provide pride, honor, wealth, and growth to the Sienese citizens, as well as pleasure and happiness to visitors from abroad.’’ Three centuries later, the great British Architect Sir Christopher Wren declared that ‘‘public buildings [are] the ornament of a country. [Architecture] establishes a Nation, draws people and commerce, makes the people love their native country . . . Architecture aims at eternity[.]’’ Notable Founding Fathers agreed with these assessments and attached great importance to Federal civic architecture. They wanted America’s public buildings to inspire the American people and encourage civic virtue. Presi- dent George Washington and Secretary of State Thomas Jefferson consciously modeled the most important buildings in Washington, DC, on the classical architecture of ancient Athens and Rome. They sought to use classical archi- tecture to visually connect our contemporary Republic with the antecedents of democracy in classical antiquity, reminding citizens not only of their rights but also their responsibilities in maintaining and perpetuating its institutions. Washington and Jefferson personally oversaw the competitions to design the Capitol Building and the White House. Under the direction and following the vision of these two founders, Pierre Charles L’Enfant designed the Na- tion’s capital as a classical city. The promise of his design for the city was fulfilled by the 1902 McMillan Plan, which created the National Mall and the Monumental Core as we know them. For approximately a century and a half following America’s founding, Amer- ica’s Federal architecture continued to be characterized by beautiful and beloved buildings of largely, though not exclusively, classical design. Exam- ples include the Second Bank of the United States in Philadelphia, Pennsyl- vania, the Pioneer Courthouse in Portland, Oregon, and the Thurgood Mar- shall United States Courthouse in New York City, New York. In Washington, DC, classical buildings such as the White House, the Capitol Building, the Supreme Court, the Department of the Treasury, and the Lincoln Memo- rial have become iconic symbols of our system of government. These cher- ished landmarks, built to endure for centuries, have become an important part of our civic life. In the 1950s, the Federal Government largely replaced traditional designs for new construction with modernist ones. This practice became official policy after the Ad Hoc Committee on Federal Office Space proposed what became known as the Guiding Principles for Federal Architecture (Guiding Principles) in 1962. The Guiding Principles implicitly discouraged classical and other traditional designs known for their beauty, declaring instead that the Government should use ‘‘contemporary’’ designs. VerDate Sep<11>2014 16:22 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 jbell on DSKJLSW7X2PROD with EXECORD 83740 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Presidential Documents The Federal architecture that ensued, overseen by the General Services Ad- ministration (GSA), was often unpopular with Americans. The new buildings ranged from the undistinguished to designs even GSA now admits many in the public found unappealing. In Washington, DC, new Federal buildings visibly clashed with the existing classical architecture. Some of these struc- tures, such as the Hubert H. Humphrey Department of Health and Human Services Building and the Robert C. Weaver Department of Housing and Urban Development Building, were controversial, attracting widespread criti- cism for their Brutalist designs. In 1994, GSA responded to this widespread criticism that the buildings it had been commissioning lacked distinction by establishing the Design Excellence Program. The GSA intended that program to advance the Guiding Principles’ mandate that Federal architecture ‘‘provide visual testimony to the dignity, enterprise, vigor, and stability of the American Government.’’ Unfortunately, the program has not met this goal. Under the Design Excellence Program, GSA has often selected designs by prominent architects with little regard for local input or regional aesthetic preferences. The resulting Federal architecture sometimes impresses the ar- chitectural elite, but not the American people who the buildings are meant to serve. Many of these new Federal buildings are not even visibly identifiable as civic buildings. For example, GSA selected an architect to design the San Francisco Federal Building who describes his designs as ‘‘art-for-art’s-sake’’ architecture, in- tended primarily for architects to appreciate. While elite architects praised the resulting building, many San Franciscans consider it one of the ugliest structures in their city. Similarly, GSA selected a modernist architect to design Salt Lake City’s new Federal courthouse. The architectural establish- ment and its professional organizations praised his unique creation, but many local residents considered it ugly and inconsistent with its sur- roundings. In Orlando, Florida, a coalition of judges, court employees, and civic leaders opposed GSA’s preferred modernist design for the George C. Young Federal Courthouse. They believed it lacked the dignity a Federal courthouse should embody. The GSA nonetheless imposed this design over their objections. With a limited number of exceptions, such as the Tuscaloosa Federal Building and Courthouse and the Corpus Christi Federal Courthouse, the Federal Government has largely stopped building beautiful buildings. In Washington, DC, Federal architecture has become a discordant mixture of classical and modernist designs. It is time to update the policies guiding Federal architecture to address these problems and ensure that architects designing Federal buildings serve their clients, the American people. New Federal building designs should, like America’s beloved landmark buildings, uplift and beautify public spaces, inspire the human spirit, ennoble the United States, command respect from the general public, and, as appropriate, respect the architectural heritage of a region. They should also be visibly identifiable as civic buildings and should be selected with input from the local community. Classical and other traditional architecture, as practiced both historically and by today’s architects, have proven their ability to meet these design criteria and to more than satisfy today’s functional, technical, and sustainable needs. Their use should be encouraged instead of discouraged. Encouraging classical and traditional architecture does not exclude using most other styles of architecture, where appropriate. Care must be taken, however, to ensure that all Federal building designs command respect of the general public for their beauty and visual embodiment of America’s ideals. VerDate Sep<11>2014 16:22 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 jbell on DSKJLSW7X2PROD with EXECORD 83741 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Presidential Documents Sec. 2. Policy. (a) Applicable Federal public buildings should uplift and beautify public spaces, inspire the human spirit, ennoble the United States, and command respect from the general public. They should also be visually identifiable as civic buildings and, as appropriate, respect regional architec- tural heritage. Architecture—with particular regard for traditional and clas- sical architecture—that meets the criteria set forth in this subsection is the preferred architecture for applicable Federal public buildings. In the District of Columbia, classical architecture shall be the preferred and default architecture for Federal public buildings absent exceptional factors necessi- tating another kind of architecture. (b) Where the architecture of applicable Federal public buildings diverges from the preferred architecture set forth in subsection (a) of this section, great care and consideration must be taken to choose a design that commands respect from the general public and clearly conveys to the general public the dignity, enterprise, vigor, and stability of America’s system of self- government. (c) When renovating, reducing, or expanding applicable Federal public buildings that do not meet the criteria set forth in subsection (a) of this section, the feasibility and potential expense of building redesign to meet those criteria should be examined. Where feasible and economical, such redesign should be given substantial consideration, especially with regard to the building’s exterior. (d) GSA should seek input from the future users of applicable public buildings and the general public in the community where such buildings will be located before selecting an architectural firm or design style. Sec. 3. Definitions. For the purposes of this order: (a) ‘‘Applicable Federal public building’’ means: (i) all Federal courthouses and agency headquarters; (ii) all Federal public buildings in the District of Columbia; and (iii) all other Federal public buildings that cost or are expected to cost more than $50 million in 2020 dollars to design, build, and finish, but does not include infrastructure projects or land ports of entry. (b) ‘‘Brutalist’’ means the style of architecture that grew out of the early 20th-century modernist movement that is characterized by a massive and block-like appearance with a rigid geometric style and large-scale use of exposed poured concrete. (c) ‘‘Classical architecture’’ means the architectural tradition derived from the forms, principles, and vocabulary of the architecture of Greek and Roman antiquity, and as later developed and expanded upon by such Renaissance architects as Alberti, Brunelleschi, Michelangelo, and Palladio; such Enlight- enment masters as Robert Adam, John Soane, and Christopher Wren; such 19th-century architects as Benjamin Henry Latrobe, Robert Mills, and Thomas U. Walter; and such 20th-century practitioners as Julian Abele, Daniel Burnham, Charles F. McKim, John Russell Pope, Julia Morgan, and the firm of Delano and Aldrich. Classical architecture encompasses such styles as Neoclassical, Georgian, Federal, Greek Revival, Beaux-Arts, and Art Deco. (d) ‘‘Deconstructivist’’ means the style of architecture generally known as ‘‘deconstructivism’’ that emerged during the late 1980s that subverts the traditional values of architecture through such features as fragmentation, disorder, discontinuity, distortion, skewed geometry, and the appearance of instability. (e) ‘‘General public’’ means members of the public who are not: (i) artists, architects, engineers, art or architecture critics, instructors or professors of art or architecture, or members of the building industry; or (ii) affiliated with any interest group, trade association, or any other organi- zation whose membership is financially affected by decisions involving the design, construction, or remodeling of public buildings. VerDate Sep<11>2014 16:22 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 jbell on DSKJLSW7X2PROD with EXECORD 83742 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Presidential Documents (f) ‘‘Officer’’ has the meaning given that term in section 2104 of title 5, United States Code. (g) ‘‘Public building’’ has the meaning given that term in section 3301(a)(5) of title 40, United States Code. (h) ‘‘Traditional architecture’’ includes classical architecture, as defined herein, and also includes the historic humanistic architecture such as Gothic, Romanesque, Pueblo Revival, Spanish Colonial, and other Mediterranean styles of architecture historically rooted in various regions of America. (i) ‘‘2020 dollars’’ means dollars adjusted for inflation using the Bureau of Economic Analysis’s Gross Domestic Product price deflator and using 2020 as the base year. Sec. 4. President’s Council on Improving Federal Civic Architecture. (a) There is hereby established the President’s Council on Improving Federal Civic Architecture (Council). (b) The Council shall be composed of: (i) all of the members of the Commission of Fine Arts; (ii) the Secretary of the Commission of Fine Arts; (iii) the Architect of the Capitol; (iv) the Commissioner of the GSA Public Building Service; (v) the Chief Architect of GSA; (vi) other officers or employees of the Federal Government as the President may, from time to time, designate; and (vii) up to 20 additional members appointed by the President from among citizens from outside the Federal Government to provide diverse perspec- tives on the matters falling under the Council’s jurisdiction. (c) The Council shall be chaired by a member of the Commission of Fine Arts designated by the President. The Chair may designate a vice- chair and may establish subcommittees. (d) The members of the Council shall serve without compensation for their work on the Council. However, members of the Council, while engaged in the work of the Council, may receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermit- tently in the government service, pursuant to sections 5701 through 5707 of title 5, United States Code. (e) To the extent permitted by law and within existing appropriations, the Administrator of General Services (Administrator) shall provide such funding and administrative and technical support as the Council may require. The Administrator shall, to the extent permitted by law, direct GSA staff to provide any relevant information the Council requests and may detail such staff to aid the work of the Council, at the request of the Council. (f) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the Council, any functions of the President under that Act, except that of reporting to the Congress under section 6 of that Act, shall be performed by the Administrator in accordance with the guide- lines and procedures established by the Administrator. VerDate Sep<11>2014 16:22 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 jbell on DSKJLSW7X2PROD with EXECORD 83743 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Presidential Documents (g) The Council shall terminate on September 30, 2021, unless extended by the President. Members appointed under subsections (b)(vi) and (b)(vii) of this section shall serve until the Council terminates and shall not be removed except for inefficiency, neglect of duty, or malfeasance. Sec. 5. Responsibilities of the Council. The Council shall: (a) submit a report to the Administrator, recommending updates to GSA’s policies and procedures to incorporate the policies of section 2 of this order and advance the purposes of this order. The report shall explain how the recommended changes accomplish these purposes. The report shall be submitted prior to September 30, 2021. (b) recommend to the Administrator changes to GSA policies for situations in which the agency participates in a design selection pursuant to the Commemorative Works Act (chapter 89 of title 40, United States Code), in furtherance of the purposes of this order and consistent with applicable law. Sec. 6. Agency Actions. (a) The Administrator shall adhere to the policies set forth in section 2 of this order. (b) In the event the Administrator proposes to approve a design for a new applicable Federal public building that diverges from the preferred architecture set forth in subsection 2(a) of this order, including Brutalist or Deconstructivist architecture or any design derived from or related to these types of architecture, the Administrator shall notify the President through the Assistant to the President for Domestic Policy not less than 30 days before GSA could reject such design without incurring substantial expenditures. Such notification shall set forth the reasons the Administrator proposes to approve such design, including: (i) a detailed explanation of why the Administrator believes selecting such design is justified, with particular focus on whether such design is as beautiful and reflective of the dignity, enterprise, vigor, and stability of the American system of self-government as alternative designs of com- parable cost using preferred architecture; (ii) the total expected cost of adopting the proposed design, including estimated maintenance and replacement costs throughout its expected lifecycle; and (iii) a description of the designs using preferred architecture seriously considered for such project and the total expected cost of adopting such designs, including estimated maintenance and replacement costs through- out their expected lifecycles. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 16:22 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 jbell on DSKJLSW7X2PROD with EXECORD 83744 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Presidential Documents (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, December 18, 2020. [FR Doc. 2020–28605 Filed 12–22–20; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:22 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Promoting Beautiful Federal Civic Architecture

2020-12-18T00:00:00

193a457b03fafb5a9cfcae49e131af555652286bd5664c121557acac7b4d4cf8

Presidential Executive Order

2020-27739 (13963)

Presidential Documents 81331 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Presidential Documents Executive Order 13963 of December 10, 2020 Providing an Order of Succession Within the Department of Defense By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, as amended, 5 U.S.C. 3345 et seq., it is hereby ordered as follows: Section 1. Order of Succession. (a) Subject to the provisions of section 2 of this order, the following officials of the Department of Defense, in the order listed, shall act as and perform the functions and duties of the office of the Secretary of Defense (Secretary) during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of the Secretary, until such time as the Secretary is able to perform the functions and duties of that office: (i) Deputy Secretary of Defense; (ii) Secretaries of the Military Departments; (iii) Under Secretary of Defense for Policy; (iv) Under Secretary of Defense for Intelligence and Security; (v) Chief Management Officer of the Department of Defense; (vi) Under Secretary of Defense for Acquisition and Sustainment; (vii) Under Secretary of Defense for Research and Engineering; (viii) Under Secretary of Defense (Comptroller); (ix) Under Secretary of Defense for Personnel and Readiness; (x) Deputy Under Secretary of Defense for Policy; (xi) Deputy Under Secretary of Defense for Intelligence and Security; (xii) Deputy Under Secretary of Defense for Acquisition and Sustainment; (xiii) Deputy Under Secretary of Defense for Research and Engineering; (xiv) Deputy Under Secretary of Defense (Comptroller); (xv) Deputy Under Secretary of Defense for Personnel and Readiness; (xvi) General Counsel of the Department of Defense, Assistant Secretaries of Defense, Director of Cost Assessment and Program Evaluation, Director of Operational Test and Evaluation, and Chief Information Officer of the Department of Defense; (xvii) Under Secretaries of the Military Departments; and (xviii) Assistant Secretaries of the Military Departments and General Coun- sels of the Military Departments. (b) Precedence among officers designated within the same paragraph of subsection (a) of this section shall be determined by the order in which they have been appointed to such office. Where officers designated within the same paragraph of subsection (a) of this section have the same appoint- ment date, precedence shall be determined by the order in which they have taken the oath to serve in that office. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1(a) of this order in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this order. VerDate Sep<11>2014 18:20 Dec 14, 2020 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\15DEE0.SGM 15DEE0 81332 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Presidential Documents (b) No individual listed in section l(a) of this order shall act as Secretary unless that individual was appointed to an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, and that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998, as amended. (c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an Acting Secretary. Sec. 3. Revocation. Executive Order 13533 of March 1, 2010 (Providing an Order of Succession Within the Department of Defense), is hereby revoked. Sec. 4. General Provision. 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, December 10, 2020. [FR Doc. 2020–27739 Filed 12–14–20; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 18:20 Dec 14, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\15DEE0.SGM 15DEE0 Trump.EPS</GPH>

Providing an Order of Succession Within the Department of Defense

2020-12-10T00:00:00

d690f175935fa7dda61d720ca36d24ed6294670281886a6d5b575f69ea0548a5

Presidential Executive Order

2020-27740 (13964)

Presidential Documents 81333 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Presidential Documents Executive Order 13964 of December 10, 2020 Rebranding United States Foreign Assistance To Advance American Influence By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) (FAA), as amended, and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Policy. To foster goodwill between the recipients of United States foreign assistance and the American people, and to encourage the govern- ments of nations that are receiving foreign assistance to support the United States, it is essential that recipients of United States foreign assistance be aware of the manifold efforts of American taxpayers to aid them and improve their lives. To further this awareness and to ensure United States foreign assistance supports the foreign policy objectives of the United States and maintains American influence and leadership, such assistance must appro- priately and conspicuously be identified as American aid. Sec. 2. Establishment of Standard Federal Marking Regulations. (a) Within 120 days of the date of this order, the Secretary of State (Secretary), in coordination with the Administrator of the United States Agency for Inter- national Development (Administrator) and the heads of other executive de- partments and agencies (agencies), as appropriate, shall initiate notice-and- comment rulemaking to brand and mark all United States foreign assistance provided under the FAA or any other law, including all assistance provided under humanitarian assistance or disaster relief programs, appropriately as ‘‘American aid,’’ consistent with section 641 of the FAA (22 U.S.C. 2401). Such rulemaking to establish Federal marking regulations shall include pro- posing any amendments necessary to any existing regulations that may be appropriate to implement the directives set forth in this order. The agencies subject to these regulations shall implement them as soon as possible after they are finalized. (b) For the purposes of the standard Federal marking regulations described in section 2(a) of this order: (i) Within 30 days of the date of this order, the President will select a logo that embodies the values and generosity of the American people (‘‘single logo’’); and (ii) The single logo shall be prominently displayed on all materials related to United States foreign assistance programs, projects, and activities; on all communications and public affairs materials; on all foreign assistance goods and materials, and all packaging of such goods and materials; and on all rebranding of export packaging. The requirement to display the single logo shall not apply to purely administrative, non-deliverable items of contractors and recipients of United States foreign assistance or to the corporate or non-project materials of agencies that are not tied to projects funded under the FAA, and shall not require the rebranding of completed projects or products overseas. (c) Within 120 days of the date of this order, agencies that are not otherwise subject to existing regulations related to the branding and marking of United States foreign assistance shall identify, to the extent permitted by law, United States foreign assistance goods, materials, and packaging solely with the single logo, and shall amend or rescind any agency procedures or guidance inconsistent with this directive. This identification requirement applies to VerDate Sep<11>2014 18:20 Dec 14, 2020 Jkt 250250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\15DEE1.SGM 15DEE1 81334 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Presidential Documents goods, materials, and packaging provided through non-governmental organi- zations and implementing partners contracted directly by or receiving funds from the United States Government consistent with subsection (b)(ii) of this section. This requirement applies, to the maximum extent practicable, to the obligation of any funds for such items after the date of this order. In instances of joint funding agreements with other donor governments, international organizations, or other parties, the single logo may be co- marked. (d) Within 120 days of the date of this order, agencies not otherwise governed subject to regulations related to the branding and marking of United States foreign assistance shall not, unless required by law, display their logos on United States foreign assistance goods and materials or the export packaging of foreign assistance goods and materials when the single logo is used as required under subsection (b)(ii) of this section, and shall amend or rescind as necessary any agency procedures or guidance incon- sistent with this directive. (e) For purposes of subsection (b)(ii) of this section, absent the application of a specific statutory or regulatory exemption, the single logo shall be used unless the Secretary, in coordination with the Administrator and the heads of any other relevant agencies, determines that its use in connection with a certain type of aid or in a particular geographic area would raise compelling political, safety, or security concerns; or that its use would undermine the objectives of the United States in providing such aid. Any such determination to waive the single logo requirement must be made in writing. The Secretary may delegate this waiver authority, but such waiver authority shall not be delegated below the Under Secretary level within the Department of State. The Secretary may delegate this waiver authority to the Administrator, who may redelegate it to the Deputy Administrator, provided that the Secretary authorizes such redelegation. Sec. 3. Report. Within 180 days of the date of this order, and annually thereafter, the Secretary, in coordination with the Administrator and the heads of other relevant agencies, as appropriate, shall submit to the President, through the Assistant to the President for National Security Affairs, a report on the implementation of this order. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 18:20 Dec 14, 2020 Jkt 250250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\15DEE1.SGM 15DEE1 81335 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Presidential Documents (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, December 10, 2020. [FR Doc. 2020–27740 Filed 12–14–20; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 18:20 Dec 14, 2020 Jkt 250250 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\15DEE1.SGM 15DEE1 Trump.EPS</GPH>

Rebranding United States Foreign Assistance To Advance American Influence

2020-12-10T00:00:00

bfec8e7ecd055e910a9b1efaaa4b7ef932b7a984da7af0300a516961364f56fd

Presidential Executive Order

2020-27455 (13962)

Presidential Documents 79777 Federal Register Vol. 85, No. 239 Friday, December 11, 2020 Title 3— The President Executive Order 13962 of December 8, 2020 Ensuring Access to United States Government COVID–19 Vaccines By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. Through unprecedented collaboration across the United States Government, industry, and international partners, the United States expects to soon have safe and effective COVID–19 vaccines available for the American people. To ensure the health and safety of our citizens, to strengthen our economy, and to enhance the security of our Nation, we must ensure that Americans have priority access to COVID–19 vaccines developed in the United States or procured by the United States Government (‘‘United States Government COVID–19 Vaccines’’). Sec. 2. Policy. It is the policy of the United States to ensure Americans have priority access to free, safe, and effective COVID–19 vaccines. After ensuring the ability to meet the vaccination needs of the American people, it is in the interest of the United States to facilitate international access to United States Government COVID–19 Vaccines. Sec. 3. American Access to COVID–19 Vaccines. (a) The Secretary of Health and Human Services, through Operation Warp Speed and with the support of the Secretary of Defense, shall ensure safe and effective COVID–19 vaccines are available to the American people, coordinating with public and private entities—including State, territorial, and tribal governments, where appro- priate—to enable the timely distribution of such vaccines. (b) The Secretary of Health and Human Services, in consultation with the Secretary of Defense and the heads of other executive departments and agencies (agencies), as appropriate, shall ensure that Americans have priority access to United States Government COVID–19 Vaccines, and shall ensure that the most vulnerable United States populations have first access to such vaccines. (c) The Secretary of Health and Human Services shall ensure that a suffi- cient supply of COVID–19 vaccine doses is available for all Americans who choose to be vaccinated in order to safeguard America from COVID– 19. Sec. 4. International Access to United States Government COVID–19 Vac- cines. After determining that there exists a sufficient supply of COVID– 19 vaccine doses for all Americans who choose to be vaccinated, as required by section 3(b) of this order, the Secretary of Health and Human Services and the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Chief Executive Officer of the United States International Development Finance Corporation, the Chairman and President of the Export-Import Bank of the United States, and the heads of other agencies, shall facilitate international access to United States Government COVID–19 Vaccines for allies, partners, and others, as appropriate and consistent with applicable law. Sec. 5. Coordination of International Access to United States Government COVID–19 Vaccines. Within 30 days of the date of this order, the Assistant to the President for National Security Affairs shall coordinate development of an interagency strategy for the implementation of section 4 of this order. VerDate Sep<11>2014 19:32 Dec 10, 2020 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\11DEE0.SGM 11DEE0 jbell on DSKJLSW7X2PROD with EXECORD 79778 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Presidential Documents Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, December 8, 2020. [FR Doc. 2020–27455 Filed 12–10–20; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 19:32 Dec 10, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\11DEE0.SGM 11DEE0 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Ensuring Access to United States Government COVID-19 Vaccines

2020-12-08T00:00:00

84aafa2816b50cc9f777cd484afe2a86ff84ad33e0503c789dc69c2671c824ef

Presidential Executive Order

2020-27353 (13961)

Presidential Documents 79379 Federal Register Vol. 85, No. 238 Thursday, December 10, 2020 Title 3— The President Executive Order 13961 of December 7, 2020 Governance and Integration of Federal Mission Resilience By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Security Act of 1947, as amended, I hereby order the following: Section 1. Policy. It is the policy of the United States to maintain comprehen- sive and effective continuity programs that ensure national security and the preservation of government structure under the United States Constitution and in alignment with Presidential Policy Directive–40 (PPD–40) of July 15, 2016 (National Continuity Policy). Executive departments and agencies (agencies), including the Executive Office of the President, must maintain the capability and capacity to continuously perform National Essential Func- tions (NEFs), as defined by PPD–40, regardless of threat or condition, and with the understanding that adequate warning may not be available. Agency heads must fully integrate preparedness programs, including continuity and risk management, into day-to-day operations to ensure the preservation of the NEFs under all conditions. Sec. 2. Federal Mission Resilience Strategy. To achieve this policy, in con- junction with this order, I am signing the Federal Mission Resilience Strategy (Strategy), which should be implemented to increase the resilience of the executive branch. Implementing the Strategy will reduce the current reliance on reactive relocation of personnel and enhance a proactive posture that minimizes disruption, distributes risk to the performance of NEFs, and maxi- mizes the cost-effectiveness of actions that ensure continuity of operations, continuity of government, and enduring constitutional government. Sec. 3. Executive Committee. (a) The Federal Mission Resilience Executive Committee (Executive Committee) is hereby established. (b) The Executive Committee shall be composed of the Secretary of Defense, the Secretary of Homeland Security, the Director of National Intelligence, the Assistant to the President for National Security Affairs (APNSA), the Assistant to the President and Deputy Chief of Staff for Operations, and the Director of the Office of Management and Budget. When issues concerning science and technology, including communications technology, are on the agenda, the Executive Committee also shall include the Director of the Office of Science and Technology Policy (OSTP). The heads of other agencies, and other senior officials, shall be invited to attend meetings as appropriate. (c) The APNSA, in coordination with the other members of the Executive Committee, shall be responsible for convening the committee, as appropriate, to coordinate the review, integration, and execution of the Strategy and other continuity policy across the executive branch. (d) The Executive Committee shall: (i) coordinate the development of an implementation plan (Plan) for the Strategy and other continuity policy, as described in section 4(b) of this order, and shall facilitate execution of the Plan and other continuity policy, as appropriate; (ii) advise the President, through the Assistant to the President and Chief of Staff (Chief of Staff), on the review, integration, and execution of the Strategy and other continuity policy, including the recommendations outlined in section 4(c) of this order; VerDate Sep<11>2014 15:58 Dec 09, 2020 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\10DEE0.SGM 10DEE0 jbell on DSKJLSW7X2PROD with EXECORD 79380 Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Presidential Documents (iii) establish, with consensus of its members and as appropriate, subordi- nate coordinating bodies; and (iv) coordinate the development of an interagency framework under which agencies will assess and address risk to Federal Mission Resilience and NEFs across the executive branch. Sec. 4. Implementation. (a) Within 90 days of the date of this order, the Executive Committee shall submit a Federal Mission Resilience Executive Committee Charter to the President, through the Chief of Staff, that identifies any subordinate bodies, working groups, and reporting mechanisms that support the role of the Executive Committee. (b) Within 90 days of the date of this order, the Executive Committee shall submit a Federal Mission Resilience Implementation Plan to the Presi- dent, through the Chief of Staff, that sets forth how the executive branch will implement the Strategy. The Plan shall describe in detail the near- , mid-, and long-term actions necessary to ensure the uninterrupted perform- ance of NEFs. (c) Within 120 days of the date of this order, the Executive Committee shall coordinate the review of existing continuity policy and other related national policies, and shall provide recommendations to the President, through the Chief of Staff, on any actions necessary to align these policies with the implementation of the Strategy. Sec. 5. Amendment to PPD–40. To designate a new National Continuity Coordinator (NCC), in section 6 of PPD–40, the second sentence is hereby revised to read as follows: ‘‘To advise and assist the President in that function, the Assistant to the President for National Security Affairs, or his or her designee, is designated as the NCC.’’ Sec. 6. Amendments to Executive Order 13618. (a) Section 2.3 of Executive Order 13618 of July 6, 2012 (Assignment of National Security and Emergency Preparedness Communications Functions), is hereby revised to read as fol- lows: ’’The Director of OSTP is delegated the authority to exercise the authorities vested in the President by section 706(a), and (c) through (e) of the Communications Act of 1934, as amended (47 U.S.C. 606(a), and (c) through (e)), if the President takes the actions, including issuing any necessary proclamations and findings, required by that section to invoke those au- thorities. This delegation shall apply to any provisions of any future public law that are the same or substantially the same as the provisions referenced in this section.’’ (b) Section 3 of Executive Order 13618 is hereby revoked. The responsibil- ities of the national security and emergency preparedness Executive Com- mittee set forth in section 3.3 of Executive Order 13618 shall be transferred to and exercised by the Executive Committee established in section 3 of this order. Sec. 7. Program Support. The national security and emergency preparedness Executive Committee Joint Program Office established by section 4 of Execu- tive Order 13618 shall support the Executive Committee established in sec- tion 3 of this order, the execution of activities described in section 4 of this order, and those activities taken by the Director of OSTP pursuant to section 6 of this order. Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 15:58 Dec 09, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\10DEE0.SGM 10DEE0 jbell on DSKJLSW7X2PROD with EXECORD 79381 Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Presidential Documents (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, December 7, 2020. [FR Doc. 2020–27353 Filed 12–9–20; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 15:58 Dec 09, 2020 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\10DEE0.SGM 10DEE0 Trump.EPS</GPH> jbell on DSKJLSW7X2PROD with EXECORD

Governance and Integration of Federal Mission Resilience

2020-12-07T00:00:00

d9ddb6d02290dfe220d0cf91d117206c83f7f08c1c675c3944ec5fe58552e811

Presidential Executive Order

2020-24793 (13958)

Presidential Documents 70951 Federal Register Vol. 85, No. 215 Thursday, November 5, 2020 Title 3— The President Executive Order 13958 of November 2, 2020 Establishing the President’s Advisory 1776 Commission By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to better enable a rising generation to understand the history and principles of the founding of the United States in 1776, and, through this, form a more perfect Union, it is hereby ordered as follows: Section 1. Purpose. The American founding envisioned a political order in harmony with the design of ‘‘the Laws of Nature and of Nature’s God,’’ seeing the rights to life, liberty, and the pursuit of happiness as embodied in and sanctioned by natural law and its traditions. The formation of a republic around these principles marked a clear departure from previous forms of government, securing rights through a form of govern- ment that derives its legitimate power from the consent of the governed. Throughout its national life, our Republic’s exploration of the full meaning of these principles has led it through the ratification of a Constitution, civil war, the abolition of slavery, Reconstruction, and a series of domestic crises and world conflicts. Those events establish a clear historical record of an exceptional Nation dedicated to the ideas and ideals of its founding. Against this history, in recent years, a series of polemics grounded in poor scholarship has vilified our Founders and our founding. Despite the virtues and accomplishments of this Nation, many students are now taught in school to hate their own country, and to believe that the men and women who built it were not heroes, but rather villains. This radicalized view of American history lacks perspective, obscures virtues, twists motives, ig- nores or distorts facts, and magnifies flaws, resulting in the truth being concealed and history disfigured. Failing to identify, challenge, and correct this distorted perspective could fray and ultimately erase the bonds that knit our country and culture together. The recent attacks on our founding have highlighted America’s history related to race. These one-sided and divisive accounts too often ignore or fail to properly honor and recollect the great legacy of the American national experience—our country’s valiant and successful effort to shake off the curse of slavery and to use the lessons of that struggle to guide our work toward equal rights for all citizens in the present. Viewing America as an irredeem- ably and systemically racist country cannot account for the extraordinary role of the great heroes of the American movement against slavery and for civil rights—a great moral endeavor that, from Abraham Lincoln to Martin Luther King, Jr., was marked by religious fellowship, good will, generosity of heart, an emphasis on our shared principles, and an inclusive vision for the future. As these heroes demonstrated, the path to a renewed and confident national unity is through a rediscovery of a shared identity rooted in our founding principles. A loss of national confidence in these principles would place rising generations in jeopardy of a crippling self-doubt that could cause them to abandon faith in the common story that binds us to one another across our differences. Without our common faith in the equal right of every individual American to life, liberty, and the pursuit of happiness, authoritarian visions of government and society could become increasingly alluring alternatives to self-government based on the consent of the people. Thus it is necessary to provide America’s young people access to what VerDate Sep<11>2014 20:56 Nov 04, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\05NOE0.SGM 05NOE0 khammond on DSKJM1Z7X2PROD with PRESDOC9 70952 Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Presidential Documents is genuinely inspiring and unifying in our history, as well as to the lessons imparted by the American experience of overcoming great national chal- lenges. This is what makes possible the informed and honest patriotism that is essential for a successful republic. A restoration of American education grounded in the principles of our founding that is accurate, honest, unifying, inspiring, and ennobling must ultimately succeed at the local level. Parents and local school boards must be empowered to achieve greater choice and variety in curriculum at the State and local levels. The role of the Federal Government is to protect and preserve State and local control over the curriculum, program of instruction, administration, and personnel of educational institutions, schools, and school systems. In- deed, that is why my Administration rejects the Common Core curriculum and all efforts to have the Federal Government impose a national curriculum or national standards in education. Vigorous participation in local government has always been America’s labora- tory of liberty and a key to what makes us exceptional. The best way to preserve the story of America’s founding principles is to live it in action by local communities reasserting control of how children receive patriotic education in their schools. Sec. 2. The President’s Advisory 1776 Commission. (a) Within 120 days of the date of this order, the Secretary of Education shall establish in the Department of Education the President’s Advisory 1776 Commission (‘‘the 1776 Commission’’) to better enable a rising generation to understand the history and principles of the founding of the United States in 1776 and to strive to form a more perfect Union. (b) The 1776 Commission shall be composed of not more than 20 members, who shall be appointed by the President. Members shall serve for a term of 2 years and shall not be removed except for inefficiency, neglect of duty, or malfeasance. The 1776 Commission may include individuals from outside the Federal Government with relevant experience or subject-matter expertise. The 1776 Commission shall also include the following ex-officio members or such senior officials as those members may designate: (i) the Secretary of State; (ii) the Secretary of Defense; (iii) the Secretary of the Interior; (iv) the Secretary of Housing and Urban Development; (v) the Secretary of Education; (vi) the Assistant to the President for Domestic Policy; and (vii) the Assistant to the President for Intergovernmental Affairs. (c) The 1776 Commission shall: (i) produce a report for the President, within 1 year of the date of this order, which shall be publicly disseminated, regarding the core principles of the American founding and how these principles may be understood to further enjoyment of ‘‘the blessings of liberty’’ and to promote our striving ‘‘to form a more perfect Union.’’ The Commission may solicit statements and contributions from intellectual and cultural figures in addi- tion to the views of the Commission members; (ii) advise and offer recommendations to the President and the United States Semiquincentennial Commission regarding the Federal Government’s plans to celebrate the 250th anniversary of American Independence and coordinate with relevant external stakeholders on their plans; (iii) facilitate the development and implementation of a ‘‘Presidential 1776 Award’’ to recognize student knowledge of the American founding, includ- ing knowledge about the Founders, the Declaration of Independence, the Constitutional Convention, and the great soldiers and battles of the Amer- ican Revolutionary War; VerDate Sep<11>2014 20:56 Nov 04, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\05NOE0.SGM 05NOE0 khammond on DSKJM1Z7X2PROD with PRESDOC9 70953 Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Presidential Documents (iv) advise executive departments and agencies (agencies) with regard to their efforts to ensure patriotic education—meaning the presentation of the history of the American founding and foundational principles, the examination of how the United States has grown closer to those principles throughout its history, and the explanation of why commitment to America’s aspirations is beneficial and justified—is provided to the public at national parks, battlefields, monuments, museums, installations, landmarks, cemeteries, and other places important to the American Revolu- tion and the American founding, as appropriate and consistent with appli- cable law; (v) advise agencies on prioritizing the American founding in Federal grants and initiatives, including those described in section 4 of this order, and as appropriate and consistent with applicable law; and (vi) facilitate, advise upon, and promote other activities to support public knowledge and patriotic education on the American Revolution and the American founding, as appropriate and consistent with applicable law. (d) The 1776 Commission shall have a Chair and Vice Chair, designated by the President from among its members. An Executive Director, designated by the Secretary of Education in consultation with the Assistant to the President for Domestic Policy, shall coordinate the work of the 1776 Commis- sion. The Chair and Vice Chair shall work with the Executive Director to convene regular meetings of the 1776 Commission, determine its agenda, and direct its work, consistent with this order. (e) The Department of Education shall provide funding and administrative support for the 1776 Commission, to the extent permitted by law and subject to the availability of appropriations. (f) Members of the 1776 Commission shall serve without compensation but shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707). (g) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the 1776 Commission, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Secretary of Education, in accordance with the guidelines issued by the Administrator of General Services. (h) The 1776 Commission shall terminate 2 years from the date of this order, unless extended by the President. Sec. 3. Celebration of Constitution Day. All relevant agencies shall monitor compliance with Title I of Division J of Public Law 108–447, which provides that ‘‘each educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution,’’ including by verifying compliance with each educational institu- tion that receives Federal funds. All relevant agencies shall take action, as appropriate, to enhance compliance with that law. Sec. 4. Prioritize the American Founding in Available Federal Resources. The following agencies shall prioritize Federal resources, consistent with applicable law, to promote patriotic education: (a) the Department of Education, through the American History and Civics Academies and American History and Civics Education-National Activities; (b) the Department of Defense, through the Pilot Program on Enhanced Civics Education; and (c) the Department of State, through the Bureau of Educational and Cultural Affairs, and through opportunities in the Fulbright, U.S. Speakers, and Inter- national Visitors Leadership programs, as well as in American Spaces. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: VerDate Sep<11>2014 20:56 Nov 04, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\05NOE0.SGM 05NOE0 khammond on DSKJM1Z7X2PROD with PRESDOC9 70954 Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Presidential Documents (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, November 2, 2020. [FR Doc. 2020–24793 Filed 11–4–20; 11:15 am] Billing code 3295–F1–P VerDate Sep<11>2014 20:56 Nov 04, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\05NOE0.SGM 05NOE0 Trump.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC9

Establishing the President's Advisory 1776 Commission

2020-11-02T00:00:00

628dd5f854135fa4ba9a32186dc320ab2afc91ab1ee3907b69f344f84f0c898a

Presidential Executive Order

2021-00305 (13971)

Presidential Documents 1249 Federal Register Vol. 86, No. 5 Friday, January 8, 2021 Title 3— The President Executive Order 13971 of January 5, 2021 Addressing the Threat Posed by Applications and Other Soft- ware Developed or Controlled by Chinese Companies By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I, DONALD J. TRUMP, President of the United States of America, find that additional steps must be taken to deal with the national emergency with respect to the information and communications technology and services supply chain declared in Executive Order 13873 of May 15, 2019 (Securing the Information and Communications Technology and Services Supply Chain). Specifically, the pace and pervasiveness of the spread in the United States of certain connected mobile and desktop applications and other soft- ware developed or controlled by persons in the People’s Republic of China, to include Hong Kong and Macau (China), continue to threaten the national security, foreign policy, and economy of the United States. At this time, action must be taken to address the threat posed by these Chinese connected software applications. By accessing personal electronic devices such as smartphones, tablets, and computers, Chinese connected software applications can access and capture vast swaths of information from users, including sensitive personally identifi- able information and private information. This data collection threatens to provide the Government of the People’s Republic of China (PRC) and the Chinese Communist Party (CCP) with access to Americans’ personal and proprietary information—which would permit China to track the loca- tions of Federal employees and contractors, and build dossiers of personal information. The continuing activity of the PRC and the CCP to steal or otherwise obtain United States persons’ data makes clear that there is an intent to use bulk data collection to advance China’s economic and national security agenda. For example, the 2014 cyber intrusions of the Office of Personnel Manage- ment of security clearance records of more than 21 million people were orchestrated by Chinese agents. In 2015, a Chinese hacking group breached the United States health insurance company Anthem, affecting more than 78 million Americans. And the Department of Justice indicted members of the Chinese military for the 2017 Equifax cyber intrusion that compromised the personal information of almost half of all Americans. In light of these risks, many executive departments and agencies (agencies) have prohibited the use of Chinese connected software applications and other dangerous software on Federal Government computers and mobile phones. These prohibitions, however, are not enough given the nature of the threat from Chinese connected software applications. In fact, the Govern- ment of India has banned the use of more than 200 Chinese connected software applications throughout the country; in a statement, India’s Ministry of Electronics and Information Technology asserted that the applications were ‘‘stealing and surreptitiously transmitting users’ data in an unauthorized manner to servers which have locations outside India.’’ The United States has assessed that a number of Chinese connected software applications automatically capture vast swaths of information from millions VerDate Sep<11>2014 16:26 Jan 07, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 tkelley on DSKBCP9HB2PROD with E0 1250 Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Presidential Documents of users in the United States, including sensitive personally identifiable information and private information, which would allow the PRC and CCP access to Americans’ personal and proprietary information. The United States must take aggressive action against those who develop or control Chinese connected software applications to protect our national security. Accordingly, I hereby order: Section 1. (a) The following actions shall be prohibited beginning 45 days after the date of this order, to the extent permitted under applicable law: any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States, with persons that develop or control the following Chinese connected software applications, or with their subsidi- aries, as those transactions and persons are identified by the Secretary of Commerce (Secretary) under subsection (e) of this section: Alipay, CamScanner, QQ Wallet, SHAREit, Tencent QQ, VMate, WeChat Pay, and WPS Office. (b) The Secretary is directed to continue to evaluate Chinese connected software applications that may pose an unacceptable risk to the national security, foreign policy, or economy of the United States, and to take appro- priate action in accordance with Executive Order 13873. (c) Not later than 45 days after the date of this order, the Secretary, in consultation with the Attorney General and the Director of National Intelligence, shall provide a report to the Assistant to the President for National Security Affairs with recommendations to prevent the sale or trans- fer of United States user data to, or access of such data by, foreign adversaries, including through the establishment of regulations and policies to identify, control, and license the export of such data. (d) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. (e) Not earlier than 45 days after the date of this order, the Secretary shall identify the transactions and persons that develop or control the Chinese connected software applications subject to subsection (a) of this section. Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. For the purposes of this order: (a) the term ‘‘connected software application’’ means software, a software program, or group of software programs, designed to be used by an end user on an end-point computing device and designed to collect, process, or transmit data via the internet as an integral part of its functionality. (b) the term ‘‘entity’’ means a government or instrumentality of such government, partnership, association, trust, joint venture, corporation, group, subgroup, or other organization, including an international organization; (c) the term ‘‘person’’ means an individual or entity; (d) the term ‘‘personally identifiable information’’ (PII) is information that, when used alone or with other relevant data, can identify an individual. PII may contain direct identifiers (e.g., passport information) that can identify a person uniquely, or quasi-identifiers (e.g., race) that can be combined with other quasi-identifiers (e.g., date of birth) to successfully recognize an individual. (e) the term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United VerDate Sep<11>2014 16:26 Jan 07, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 tkelley on DSKBCP9HB2PROD with E0 1251 Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Presidential Documents States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 4. (a) The Secretary, in consultation with the Secretary of the Treasury and the Attorney General, is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to me by IEEPA, as may be necessary to implement this order. All agencies shall take all appropriate measures within their authority to implement this order. (b) The heads of agencies shall provide, in their discretion and to the extent permitted by law, such resources, information, and assistance to the Department of Commerce as required to implement this order, including the assignment of staff to the Department of Commerce to perform the duties described in this order. Sec. 5. Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its other provisions to any other persons or circumstances shall not be affected thereby. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget 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, January 5, 2021. [FR Doc. 2021–00305 Filed 1–7–21; 8:45 am] Billing code 3295–F1–P VerDate Sep<11>2014 16:26 Jan 07, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 Trump.EPS</GPH> tkelley on DSKBCP9HB2PROD with E0

Addressing the Threat Posed by Applications and Other Software Developed or Controlled by Chinese Companies

2021-01-05T00:00:00

dc7fe8f491e496a3bc6b91877fbc322a60b7ef20e852b532ad49d1b4112d0a2a

Presidential Executive Order

2020-25459 (13959)

Presidential Documents 73185 Federal Register Vol. 85, No. 222 Tuesday, November 17, 2020 Title 3— The President Executive Order 13959 of November 12, 2020 Addressing the Threat From Securities Investments That Fi- nance Communist Chinese Military Companies By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I, DONALD J. TRUMP, President of the United States of America, find that the People’s Republic of China (PRC) is increasingly exploiting United States capital to resource and to enable the development and modernization of its military, intelligence, and other security apparatuses, which continues to allow the PRC to directly threaten the United States homeland and United States forces overseas, including by developing and deploying weapons of mass destruction, advanced conventional weapons, and malicious cyber- enabled actions against the United States and its people. Key to the development of the PRC’s military, intelligence, and other security apparatuses is the country’s large, ostensibly private economy. Through the national strategy of Military-Civil Fusion, the PRC increases the size of the country’s military-industrial complex by compelling civilian Chinese companies to support its military and intelligence activities. Those compa- nies, though remaining ostensibly private and civilian, directly support the PRC’s military, intelligence, and security apparatuses and aid in their devel- opment and modernization. At the same time, those companies raise capital by selling securities to United States investors that trade on public exchanges both here and abroad, lobbying United States index providers and funds to include these securities in market offerings, and engaging in other acts to ensure access to United States capital. In that way, the PRC exploits United States investors to finance the development and modernization of its military. I therefore further find that the PRC’s military-industrial complex, by directly supporting the efforts of the PRC’s military, intelligence, and other security apparatuses, constitutes an unusual and extraordinary threat, which has its source in substantial part outside the United States, to the national security, foreign policy, and economy of the United States. To protect the United States homeland and the American people, I hereby declare a national emergency with respect to this threat. Accordingly, I hereby order: Section 1. (a) The following actions are prohibited: (i) beginning 9:30 a.m. eastern standard time on January 11, 2021, any transaction in publicly traded securities, or any securities that are deriva- tive of, or are designed to provide investment exposure to such securities, of any Communist Chinese military company as defined in section 4(a)(i) of this order, by any United States person; and (ii) beginning 9:30 a.m. eastern standard time on the date that is 60 days after a person is determined to be a Communist Chinese military company pursuant to section (4)(a)(ii) or (iii) of this order, any transaction in publicly traded securities, or any securities that are derivative of, or are designed to provide investment exposure to such securities, of that person, by any United States person. VerDate Sep<11>2014 19:45 Nov 16, 2020 Jkt 253001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\17NOE0.SGM 17NOE0 73186 Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Presidential Documents (b) Notwithstanding subsection (a)(i) of this section, purchases for value or sales made on or before 11:59 p.m. eastern standard time on November 11, 2021, solely to divest, in whole or in part, from securities that any United States person held as of 9:30 a.m. eastern standard time on January 11, 2021, in a Communist Chinese military company as defined in section 4(a)(i) of this order, are permitted. (c) Notwithstanding subsection (a)(ii) of this section, for a person deter- mined to be a Communist Chinese military company pursuant to section 4(a)(ii) or (iii) of this order, purchases for value or sales made on or before 365 days from the date of such determination, solely to divest, in whole or in part, from securities that any United States person held in such person, as of the date 60 days from the date of such determination, are permitted. (d) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. (a) The Secretary of the Treasury, after consultation with the Secretary of State, the Secretary of Defense, the Director of National Intelligence, and the heads of other executive departments and agencies (agencies) as deemed appropriate by the Secretary of the Treasury, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All agencies shall take all appropriate measures within their authority to carry out the provisions of this order. (b) Rules and regulations issued pursuant to this order may, among other things, establish procedures to license transactions otherwise prohibited pur- suant to this order. But prior to issuing any license under this order, the Secretary of the Treasury shall consult with the Secretary of State, the Secretary of Defense, and the Director of National Intelligence. Sec. 4. Definitions. For purposes of this order: (a) the term ‘‘Communist Chinese military company’’ means (i) any person that the Secretary of Defense has listed as a Communist Chinese military company operating directly or indirectly in the United States or in any of its territories or possessions pursuant to section 1237 of Public Law 105–261, as amended by section 1233 of Public Law 106– 398 and section 1222 of Public Law 108–375, as of the date of this order, and as set forth in the Annex to this order, until such time as the Secretary of Defense removes such person from such list; (ii) any person that the Secretary of Defense, in consultation with the Secretary of the Treasury, determines is a Communist Chinese military company operating directly or indirectly in the United States or in any of its territories or possessions and therefore lists as such pursuant to section 1237 of Public Law 105–261, as amended by section 1233 of Public Law 106–398 and section 1222 of Public Law 108–375, until such time as the Secretary of Defense removes such person from such list; or (iii) any person that the Secretary of the Treasury publicly lists as meeting the criteria in section 1237(b)(4)(B) of Public Law 105–261, or publicly lists as a subsidiary of a person already determined to be a Communist VerDate Sep<11>2014 19:45 Nov 16, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\17NOE0.SGM 17NOE0 73187 Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Presidential Documents Chinese military company, until the Secretary of the Treasury determines that such person no longer meets that criteria and removes such person from such list. (b) the term ‘‘entity’’ means a government or instrumentality of such government, partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (c) the term ‘‘person’’ means an individual or entity; (d) the terms ‘‘security’’ and ‘‘securities’’ include the definition of ‘‘secu- rity’’ in section 3(a)(10) of the Securities Exchange Act of 1934, Public Law 73–291, as codified as amended at 15 U.S.C. 78c(a)(10), except that currency or any note, draft, bill of exchange, or banker’s acceptance which has a maturity at the time of issuance of not exceeding 9 months, exclusive of days of grace, or any renewal thereof the maturity of which is likewise limited, shall be a security for purposes of this order. (e) the term ‘‘transaction’’ means the purchase for value of any publicly traded security; and (f) the term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 5. The Secretary of the Treasury, in consultation with the Secretary of State and, as appropriate, the Secretary of Defense, is hereby authorized to submit the recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Sep<11>2014 19:45 Nov 16, 2020 Jkt 253001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\17NOE0.SGM 17NOE0 73188 Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Presidential Documents (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, November 12, 2020. Billing code 3295–F1–P VerDate Sep<11>2014 19:54 Nov 16, 2020 Jkt 253001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\17NOE0.SGM 17NOE0 Trump.EPS</GPH> 73189 Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Presidential Documents [FR Doc. 2020–25459 Filed 11–16–20; 8:45 am] Billing code 3295–F1–C VerDate Sep<11>2014 19:55 Nov 16, 2020 Jkt 253001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\17NOE0.SGM 17NOE0 ED17NO20.000</GPH>

Addressing the Threat From Securities Investments That Finance Communist Chinese Military Companies

2020-11-12T00:00:00

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