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Presidential Executive Order | 2019-02544 (13859) | Presidential Documents
3967
Federal Register
Vol. 84, No. 31
Thursday, February 14, 2019
Title 3—
The President
Executive Order 13859 of February 11, 2019
Maintaining American Leadership in Artificial Intelligence
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 Principles. Artificial Intelligence (AI) promises to
drive growth of the United States economy, enhance our economic and
national security, and improve our quality of life. The United States is
the world leader in AI research and development (R&D) and deployment.
Continued American leadership in AI is of paramount importance to main-
taining the economic and national security of the United States and to
shaping the global evolution of AI in a manner consistent with our Nation’s
values, policies, and priorities. The Federal Government plays an important
role in facilitating AI R&D, promoting the trust of the American people
in the development and deployment of AI-related technologies, training
a workforce capable of using AI in their occupations, and protecting the
American AI technology base from attempted acquisition by strategic com-
petitors and adversarial nations. Maintaining American leadership in AI
requires a concerted effort to promote advancements in technology and
innovation, while protecting American technology, economic and national
security, civil liberties, privacy, and American values and enhancing inter-
national and industry collaboration with foreign partners and allies. It is
the policy of the United States Government to sustain and enhance the
scientific, technological, and economic leadership position of the United
States in AI R&D and deployment through a coordinated Federal Government
strategy, the American AI Initiative (Initiative), guided by five principles:
(a) The United States must drive technological breakthroughs in AI across
the Federal Government, industry, and academia in order to promote sci-
entific discovery, economic competitiveness, and national security.
(b) The United States must drive development of appropriate technical
standards and reduce barriers to the safe testing and deployment of AI
technologies in order to enable the creation of new AI-related industries
and the adoption of AI by today’s industries.
(c) The United States must train current and future generations of American
workers with the skills to develop and apply AI technologies to prepare
them for today’s economy and jobs of the future.
(d) The United States must foster public trust and confidence in AI tech-
nologies and protect civil liberties, privacy, and American values in their
application in order to fully realize the potential of AI technologies for
the American people.
(e) The United States must promote an international environment that
supports American AI research and innovation and opens markets for Amer-
ican AI industries, while protecting our technological advantage in AI and
protecting our critical AI technologies from acquisition by strategic competi-
tors and adversarial nations.
Sec. 2. Objectives. Artificial Intelligence will affect the missions of nearly
all executive departments and agencies (agencies). Agencies determined to
be implementing agencies pursuant to section 3 of this order shall pursue
six strategic objectives in furtherance of both promoting and protecting Amer-
ican advancements in AI:
(a) Promote sustained investment in AI R&D in collaboration with industry,
academia, international partners and allies, and other non-Federal entities
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to generate technological breakthroughs in AI and related technologies and
to rapidly transition those breakthroughs into capabilities that contribute
to our economic and national security.
(b) Enhance access to high-quality and fully traceable Federal data, models,
and computing resources to increase the value of such resources for AI
R&D, while maintaining safety, security, privacy, and confidentiality protec-
tions consistent with applicable laws and policies.
(c) Reduce barriers to the use of AI technologies to promote their innovative
application while protecting American technology, economic and national
security, civil liberties, privacy, and values.
(d) Ensure that technical standards minimize vulnerability to attacks from
malicious actors and reflect Federal priorities for innovation, public trust,
and public confidence in systems that use AI technologies; and develop
international standards to promote and protect those priorities.
(e) Train the next generation of American AI researchers and users through
apprenticeships; skills programs; and education in science, technology, engi-
neering, and mathematics (STEM), with an emphasis on computer science,
to ensure that American workers, including Federal workers, are capable
of taking full advantage of the opportunities of AI.
(f) Develop and implement an action plan, in accordance with the National
Security Presidential Memorandum of February 11, 2019 (Protecting the
United States Advantage in Artificial Intelligence and Related Critical Tech-
nologies) (the NSPM) to protect the advantage of the United States in AI
and technology critical to United States economic and national security
interests against strategic competitors and foreign adversaries.
Sec. 3. Roles and Responsibilities. The Initiative shall be coordinated through
the National Science and Technology Council (NSTC) Select Committee
on Artificial Intelligence (Select Committee). Actions shall be implemented
by agencies that conduct foundational AI R&D, develop and deploy applica-
tions of AI technologies, provide educational grants, and regulate and provide
guidance for applications of AI technologies, as determined by the co-chairs
of the NSTC Select Committee (implementing agencies).
Sec. 4. Federal Investment in AI Research and Development.
(a) Heads of implementing agencies that also perform or fund R&D (AI
R&D agencies), shall consider AI as an agency R&D priority, as appropriate
to their respective agencies’ missions, consistent with applicable law and
in accordance with the Office of Management and Budget (OMB) and the
Office of Science and Technology Policy (OSTP) R&D priorities memoranda.
Heads of such agencies shall take this priority into account when developing
budget proposals and planning for the use of funds in Fiscal Year 2020
and in future years. Heads of these agencies shall also consider appropriate
administrative actions to increase focus on AI for 2019.
(b) Heads of AI R&D agencies shall budget an amount for AI R&D that
is appropriate for this prioritization.
(i) Following the submission of the President’s Budget request to the
Congress, heads of such agencies shall communicate plans for achieving
this prioritization to the OMB Director and the OSTP Director each fiscal
year through the Networking and Information Technology Research and
Development (NITRD) Program.
(ii) Within 90 days of the enactment of appropriations for their respective
agencies, heads of such agencies shall identify each year, consistent with
applicable law, the programs to which the AI R&D priority will apply
and estimate the total amount of such funds that will be spent on each
such program. This information shall be communicated to the OMB Direc-
tor and OSTP Director each fiscal year through the NITRD Program.
(c) To the extent appropriate and consistent with applicable law, heads
of AI R&D agencies shall explore opportunities for collaboration with non-
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Federal entities, including: the private sector; academia; non-profit organiza-
tions; State, local, tribal, and territorial governments; and foreign partners
and allies, so all collaborators can benefit from each other’s investment
and expertise in AI R&D.
Sec. 5. Data and Computing Resources for AI Research and Development.
(a) Heads of all agencies shall review their Federal data and models
to identify opportunities to increase access and use by the greater non-
Federal AI research community in a manner that benefits that community,
while protecting safety, security, privacy, and confidentiality. Specifically,
agencies shall improve data and model inventory documentation to enable
discovery and usability, and shall prioritize improvements to access and
quality of AI data and models based on the AI research community’s user
feedback.
(i) Within 90 days of the date of this order, the OMB Director shall
publish a notice in the Federal Register inviting the public to identify
additional requests for access or quality improvements for Federal data
and models that would improve AI R&D and testing. Additionally, within
90 days of the date of this order, OMB, in conjunction with the Select
Committee, shall investigate barriers to access or quality limitations of
Federal data and models that impede AI R&D and testing. Collectively,
these actions by OMB will help to identify datasets that will facilitate
non-Federal AI R&D and testing.
(ii) Within 120 days of the date of this order, OMB, including through
its interagency councils and the Select Committee, shall update implemen-
tation guidance for Enterprise Data Inventories and Source Code Inventories
to support discovery and usability in AI R&D.
(iii) Within 180 days of the date of this order, and in accordance with
the implementation of the Cross-Agency Priority Goal: Leveraging Federal
Data as a Strategic Asset, from the March 2018 President’s Management
Agenda, agencies shall consider methods of improving the quality,
usability, and appropriate access to priority data identified by the AI
research community. Agencies shall also identify any associated resource
implications.
(iv) In identifying data and models for consideration for increased public
access, agencies, in coordination with the Senior Agency Officials for
Privacy established pursuant to Executive Order 13719 of February 9,
2016 (Establishment of the Federal Privacy Council), the heads of Federal
statistical entities, Federal program managers, and other relevant personnel
shall identify any barriers to, or requirements associated with, increased
access to and use of such data and models, including:
(A) privacy and civil liberty protections for individuals who may be
affected by increased access and use, as well as confidentiality protections
for individuals and other data providers;
(B) safety and security concerns, including those related to the associa-
tion or compilation of data and models;
(C) data documentation and formatting, including the need for interoper-
able and machine-readable data formats;
(D) changes necessary to ensure appropriate data and system governance;
and
(E) any other relevant considerations.
(v) In accordance with the President’s Management Agenda and the Cross-
Agency Priority Goal: Leveraging Data as a Strategic Asset, agencies shall
identify opportunities to use new technologies and best practices to in-
crease access to and usability of open data and models, and explore
appropriate controls on access to sensitive or restricted data and models,
consistent with applicable laws and policies, privacy and confidentiality
protections, and civil liberty protections.
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(b) The Secretaries of Defense, Commerce, Health and Human Services,
and Energy, the Administrator of the National Aeronautics and Space Admin-
istration, and the Director of the National Science Foundation shall, to
the extent appropriate and consistent with applicable law, prioritize the
allocation of high-performance computing resources for AI-related applica-
tions through:
(i) increased assignment of discretionary allocation of resources and re-
source reserves; or
(ii) any other appropriate mechanisms.
(c) Within 180 days of the date of this order, the Select Committee,
in coordination with the General Services Administration (GSA), shall submit
a report to the President making recommendations on better enabling the
use of cloud computing resources for federally funded AI R&D.
(d) The Select Committee shall provide technical expertise to the American
Technology Council on matters regarding AI and the modernization of Federal
technology, data, and the delivery of digital services, as appropriate.
Sec. 6. Guidance for Regulation of AI Applications.
(a) Within 180 days of the date of this order, the OMB Director, in
coordination with the OSTP Director, the Director of the Domestic Policy
Council, and the Director of the National Economic Council, and in consulta-
tion with any other relevant agencies and key stakeholders as the OMB
Director shall determine, shall issue a memorandum to the heads of all
agencies that shall:
(i) inform the development of regulatory and non-regulatory approaches
by such agencies regarding technologies and industrial sectors that are
either empowered or enabled by AI, and that advance American innovation
while upholding civil liberties, privacy, and American values; and
(ii) consider ways to reduce barriers to the use of AI technologies in
order to promote their innovative application while protecting civil lib-
erties, privacy, American values, and United States economic and national
security.
(b) To help ensure public trust in the development and implementation
of AI applications, OMB shall issue a draft version of the memorandum
for public comment before it is finalized.
(c) Within 180 days of the date of the memorandum described in subsection
(a) of this section, the heads of implementing agencies that also have regu-
latory authorities shall review their authorities relevant to applications of
AI and shall submit to OMB plans to achieve consistency with the memo-
randum.
(d) Within 180 days of the date of this order, the Secretary of Commerce,
through the Director of the National Institute of Standards and Technology
(NIST), shall issue a plan for Federal engagement in the development of
technical standards and related tools in support of reliable, robust, and
trustworthy systems that use AI technologies. NIST shall lead the develop-
ment of this plan with participation from relevant agencies as the Secretary
of Commerce shall determine.
(i) Consistent with OMB Circular A–119, this plan shall include:
(A) Federal priority needs for standardization of AI systems development
and deployment;
(B) identification of standards development entities in which Federal
agencies should seek membership with the goal of establishing or sup-
porting United States technical leadership roles; and
(C) opportunities for and challenges to United States leadership in stand-
ardization related to AI technologies.
(ii) This plan shall be developed in consultation with the Select Committee,
as needed, and in consultation with the private sector, academia, non-
governmental entities, and other stakeholders, as appropriate.
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Sec. 7. AI and the American Workforce.
(a) Heads of implementing agencies that also provide educational grants
shall, to the extent consistent with applicable law, consider AI as a priority
area within existing Federal fellowship and service programs.
(i) Eligible programs for prioritization shall give preference to American
citizens, to the extent permitted by law, and shall include:
(A) high school, undergraduate, and graduate fellowship; alternative
education; and training programs;
(B) programs to recognize and fund early-career university faculty who
conduct AI R&D, including through Presidential awards and recognitions;
(C) scholarship for service programs;
(D) direct commissioning programs of the United States Armed Forces;
and
(E) programs that support the development of instructional programs
and curricula that encourage the integration of AI technologies into courses
in order to facilitate personalized and adaptive learning experiences for
formal and informal education and training.
(ii) Agencies shall annually communicate plans for achieving this
prioritization to the co-chairs of the Select Committee.
(b) Within 90 days of the date of this order, the Select Committee shall
provide recommendations to the NSTC Committee on STEM Education re-
garding AI-related educational and workforce development considerations
that focus on American citizens.
(c) The Select Committee shall provide technical expertise to the National
Council for the American Worker on matters regarding AI and the American
workforce, as appropriate.
Sec. 8. Action Plan for Protection of the United States Advantage in AI
Technologies.
(a) As directed by the NSPM, the Assistant to the President for National
Security Affairs, in coordination with the OSTP Director and the recipients
of the NSPM, shall organize the development of an action plan to protect
the United States advantage in AI and AI technology critical to United
States economic and national security interests against strategic competitors
and adversarial nations.
(b) The action plan shall be provided to the President within 120 days
of the date of this order, and may be classified in full or in part, as
appropriate.
(c) Upon approval by the President, the action plan shall be implemented
by all agencies who are recipients of the NSPM, for all AI-related activities,
including those conducted pursuant to this order.
Sec. 9. Definitions. As used in this order:
(a) the term ‘‘artificial intelligence’’ means the full extent of Federal invest-
ments in AI, to include: R&D of core AI techniques and technologies; AI
prototype systems; application and adaptation of AI techniques; architectural
and systems support for AI; and cyberinfrastructure, data sets, and standards
for AI; and
(b) the term ‘‘open data’’ shall, in accordance with OMB Circular A–
130 and memorandum M–13–13, mean ‘‘publicly available data structured
in a way that enables the data to be fully discoverable and usable by
end users.’’
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 OMB relating to budgetary, administra-
tive, or legislative proposals.
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(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 11, 2019.
[FR Doc. 2019–02544
Filed 2–13–19; 8:45 am]
Billing code 3295–F9–P
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| Maintaining American Leadership in Artificial Intelligence | 2019-02-11T00:00:00 | 4f395008c3c34d0813d17d70b5035262bf5f2bf97551cad0efe9e562dfb33a58 |
Presidential Executive Order | 2018-27945 (13854) | Presidential Documents
65481
Federal Register
Vol. 83, No. 245
Friday, December 21, 2018
Title 3—
The President
Executive Order 13854 of December 18, 2018
Providing for the Closing of Executive Departments and
Agencies of the Federal Government on December 24, 2018
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 Monday, December
24, 2018, 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, 2018, for reasons of national security, defense, or other public
need.
Sec. 3. December 24, 2018, 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.
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(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, 2018.
[FR Doc. 2018–27945
Filed 12–20–18; 8:45 am]
Billing code 3295–F9–P
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| Providing for the Closing of Executive Departments and Agencies of the Federal Government on December 24, 2018 | 2018-12-18T00:00:00 | 431d2f30f6750a68bbaf0e72696f417b3a3da499b8ab233196b2e113bb33a866 |
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Federal Register
Vol. 83, No. 242
Tuesday, December 18, 2018
Title 3—
The President
Executive Order 13853 of December 12, 2018
Establishing the White House Opportunity and Revitalization
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. Fifty-two million Americans live in economically dis-
tressed communities. Despite the growing national economy, these commu-
nities are plagued by high poverty levels, failing schools, and a scarcity
of jobs. In December 2017, I signed into law a bill originally introduced
as the Tax Cuts and Jobs Act (Act), which established a historic new Federal
tax incentive that promotes long-term equity investments in low-income
communities designated as ‘‘qualified opportunity zones’’ by the Governors
of States or territories. In order to further facilitate such investment, my
Administration will implement reforms that streamline existing regulations,
protect taxpayers by optimizing use of Federal resources, stimulate economic
opportunity and mobility, encourage entrepreneurship, expand quality edu-
cational opportunities, develop and rehabilitate quality housing stock, pro-
mote workforce development, and promote safety and prevent crime in
urban and economically distressed communities.
This order establishes a White House Council to carry out my Administra-
tion’s plan to encourage public and private investment in urban and economi-
cally distressed areas, including qualified opportunity zones. The Council
shall lead joint efforts across executive departments and agencies (agencies)
to engage with State, local, and tribal governments to find ways to better
use public funds to revitalize urban and economically distressed commu-
nities.
Sec. 2. Establishment. There is established a White House Opportunity and
Revitalization Council (Council). The Council shall be chaired by the Sec-
retary of Housing and Urban Development (HUD), or the Secretary’s designee.
The Assistant to the President for Domestic Policy, or the designee of the
Assistant to the President for Domestic Policy, shall serve as Vice Chair
of the Council.
(a) Membership. In addition to the Chair and Vice Chair, the Council
shall consist of the following members, or their designees:
(i) the Secretary of the Treasury;
(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 Transportation;
(ix) the Secretary of Energy;
(x) the Secretary of Education;
(xi) the Administrator of the Environmental Protection Agency;
(xii) the Director of the Office of Management and Budget;
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(xiii) the Administrator of the Small Business Administration;
(xiv) the Assistant to the President for Economic Policy;
(xv) the Chairman of the Council of Economic Advisers;
(xvi) the Chairman of the Council on Environmental Quality; and
(xvii) the heads of such other agencies, offices, or independent regulatory
agencies as the Chair may, from time to time, designate or invite.
(b) Administration. The Vice Chair shall convene regular meetings of
the Council, determine its agenda, and direct its work, all under the guidance
of the Chair. The Department of Housing and Urban Development shall
provide funding and administrative support for the Council to the extent
permitted by law and within existing appropriations. The Secretary of HUD
shall designate a HUD officer or employee to serve as the Executive Director
of the Council, who shall be responsible for coordinating the Council’s
work.
Sec. 3. Mission and Function of the Council. The Council shall, to the
extent permitted by law, work across agencies, giving consideration to exist-
ing agency initiatives, to:
(a) assess the actions each agency can take under existing authorities
to prioritize or focus Federal investments and programs on urban and eco-
nomically distressed communities, including qualified opportunity zones;
(b) assess the actions each agency can take under existing authorities
to minimize all regulatory and administrative costs and burdens that discour-
age public and private investment in urban and economically distressed
communities, including qualified opportunity zones;
(c) regularly consult with officials from State, local, and tribal governments
and individuals from the private sector to solicit feedback on how best
to stimulate the economic development of urban and economically distressed
areas, including qualified opportunity zones;
(d) coordinate Federal interagency efforts to help ensure that private and
public stakeholders—such as investors; business owners; institutions of high-
er education (including Historically Black Colleges and Universities, as de-
fined by 50 U.S.C. 3224(g)(2), and tribally controlled colleges and universities,
as defined by 25 U.S.C. 1801(a)(4)); K–12 education providers; early care
and education providers; human services agencies; State, local, and tribal
leaders; public housing agencies; non-profit organizations; and economic
development organizations—can successfully develop strategies for economic
growth and revitalization;
(e) recommend policies that would:
(i) reduce and streamline regulatory and administrative burdens, including
burdens on applicants applying for multiple Federal assistance awards;
(ii) help community-based applicants, including recipients of investments
from qualified opportunity funds, identify and apply for relevant Federal
resources; and
(iii) make it easier for recipients to receive and manage multiple types
of public and private investments, including by aligning certain program
requirements;
(f) evaluate the following:
(i) whether and how agencies can prioritize support for urban and economi-
cally distressed areas, including qualified opportunity zones, in their
grants, financing, and other assistance;
(ii) appropriate methods for Federal cooperation with and support for
States, localities, and tribes that are innovatively and strategically facili-
tating economic growth and inclusion in urban and economically distressed
communities, including qualified opportunity zones, consistent with pre-
serving State, local, and tribal control;
(iii) whether and how to develop an integrated web-based tool through
which entrepreneurs, investors, and other stakeholders can see the full
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range of applicable Federal financing programs and incentives available
to projects located in urban and economically distressed areas, including
qualified opportunity zones;
(iv) whether and how to consider urban and economically distressed areas,
including qualified opportunity zones, as possible locations for Federal
buildings, through consultation with the General Services Administration;
(v) whether and how Federal technical assistance, planning, financing
tools, and implementation strategies can be coordinated across agencies
to assist communities in addressing economic problems, engaging in com-
prehensive planning, and advancing regional collaboration; and
(vi) what data, metrics, and methodologies can be used to measure the
effectiveness of public and private investments in urban and economically
distressed communities, including qualified opportunity zones.
Sec. 4. Reports. The Assistant to the President for Domestic Policy shall,
on behalf of the Council, be responsible for submitting to the President:
(a) Within 90 days of the date of this order, a detailed work plan for
how, and by when, the Council will accomplish the goals detailed in section
3 of this order;
(b) Within 210 days of the date of this order, a list of recommended
changes to Federal statutes, regulations, policies, and programs that would
encourage public and private investment in urban and economically dis-
tressed communities, including qualified opportunity zones;
(c) Within 1 year of the date of this order, a list of recommended changes
to Federal statutes, regulations, policies, and programs that would help
State, local, and tribal governments to better identify, use, and administer
Federal resources in urban and economically distressed communities, includ-
ing qualified opportunity zones;
(d) Within 1 year of the date of this order, a list of best practices that
could be integrated into public and private investments in urban and eco-
nomically distressed communities, including qualified opportunity zones,
in order to increase economic growth, encourage new business formation,
and revitalize communities; and
(e) Any subsequent reports that the President may request or that the
Council may deem appropriate.
Sec. 5. Amendments to Executive Order 13845. Executive Order 13845 of
July 19, 2018 (Establishing the President’s National Council for the American
Worker) is hereby amended as follows:
(a) Subsection 7(d) of the order is deleted and the following text is inserted
in lieu thereof: ‘‘consider the recommendations of the American Workforce
Policy Advisory Board (Board) established in section 8 of this order and,
as appropriate, adopt recommendations that would significantly advance
the objectives of the Council;’’; and
(b) Subsection 8(b)(i) of the order is amended by deleting the text ‘‘ap-
pointed by the President’’ and replacing it with the following text: ‘‘appointed
by the Secretary of Commerce’’.
Sec. 6. General Provisions. (a) The heads of agencies shall assist and provide
information to the Council, consistent with applicable law, as may be nec-
essary for the Council to carry out its functions.
(b) The heads of agencies shall consider the reports and recommendations
of the Council in carrying out their responsibilities related to urban and
economically distressed communities.
(c) The Council shall terminate on January 21, 2021, unless extended
by the President.
(d) 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
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(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(e) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(f) 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 12, 2018.
[FR Doc. 2018–27515
Filed 12–17–18; 11:15 am]
Billing code 3295–F9–P
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| Establishing the White House Opportunity and Revitalization Council | 2018-12-12T00:00:00 | 5f58f4890a85c79bc6323594fb57aa299b04d97f22095393da9fd50a5825e035 |
Presidential Executive Order | 2019-06548 (13866) | Presidential Documents
12853
Federal Register
Vol. 84, No. 63
Tuesday, April 2, 2019
Title 3—
The President
Executive Order 13866 of March 28, 2019
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 and section 748 of title VII of division D of the
Consolidated Appropriations Act, 2019 (Public Law 116–6), 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 sections 5304 and 5304a of title 5, United States Code,
and section 748 of title VII of division D of the Consolidated Appropriations
Act, 2019 (Public Law 116–6), 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, 2019. The other
schedules contained herein are effective on the first day of the first applicable
pay period beginning on or after January 1, 2019.
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Sec. 8. Prior Order Superseded. Executive Order 13856 of December 28,
2018, is superseded as of the effective dates specified in section 7 of this
order.
THE WHITE HOUSE,
March 28, 2019.
Billing code 3295–F9–P
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GS-1
GS-2
GS-3
GS-4
GS-5
GS-6
GS-7
GS-8
GS-9
GS-10
GS-11
GS-12
GS-13
GS-14
GS-15
SCHEDULE 1--GENERAL SCHEDULE
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2019}
1
$19,048
21,417
23,368
26,233
29,350
32,716
36,356
40,263
44,471
48,973
53,805
64,490
76,687
90,621
106,595
2
$19,686
21,927
24,147
27,107
30,328
33,807
37,568
41,605
45,953
50,605
55,599
66,640
79,243
93,642
110,148
3
$20,320
22,636
24,926
27,981
31,306
34,898
38,780
42,947
47,435
52,237
57,393
68,790
81,799
96,663
113,701
4
$20,949
23,236
25,705
28,855
32,284
35,989
39,992
44,289
48,917
53,869
59,187
70,940
84,355
99,684
117,254
5
$21,583
23,497
26,484
29,729
33,262
37,080
41,204
45,631
50,399
55,501
60,981
73,090
86,911
102,705
120,807
6
$21,953
24,188
27,263
30,603
34,240
38,171
42,416
46,973
51,881
57,133
62,775
75,240
89,467
105,726
124,360
7
$22,579
24,879
28,042
31,477
35,218
39,262
43,628
48,315
53,363
58,765
64,569
77,390
92,023
108,747
127,913
8
$23,211
25,570
28,821
32,351
36,196
40,353
44,840
49,657
54,845
60,397
66,363
79,540
94,579
111,768
131,466
9
$23,236
26,261
29,600
33,225
37,174
41,444
46,052
50,999
56,327
62,029
68,157
81,690
97,135
114,789
135,019
10
$23,827
26,952
30,379
34,099
38,152
42,535
471264
52,341
57,809
63,661
69,951
83,840
99,691
117,810
138,572
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SCHEDULE 2-- FOREIGN SERVICE SCHEDULE
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2019)
Step
Class
Class
Class
Class
Class
Class
Class
Class
Class
1
2
3
4
5
6
7
8
9
1
$106,595
$86,374
$69,988
$56,711
$45,953
$41,081
$36,725
$32,831
$29,350
2
109,793
88,965
72,088
58,412
47,332
42,313
37,827
33,816
30,231
3
113,087
91,634
74,250
60,165
48,752
43,583
38,962
34,830
31,137
4
116,479
94,383
76,478
61,970
50,214
44,890
40,130
35,875
32,072
5
119,974
97,215
78,772
63,829
51,721
46,237
41,334
36,952
33,034
6
123,573
100,131
81,135
6·5,744
53,272
47,624
42,574
38,060
34,025
7
127,280
103,135
83,569
67,716
54,870
49,053
43,852
39,202
35,045
8
131,098
106,229
86,076
69,747
56,516
50,524
45,167
40,378
36,097
9
135,031
109,416
88,659
71,840
58,212
52,040
46,522
41,589
37,180
10
138,572
112,698
91,318
73,995
59,958
53,601
47,918
42,837
38,295
11
138,572
116,079
94,058
76,215
61,757
55,209
49,355
44,122
39,444
12
138,572
119,562
96,880
78,501
63,610
56,866
50,836
45,446
40,627
13
138,572
123,149
99,786
80,856
65,518
58,572
52,361
46,809
41,846
14
138,572
126,843
102,780
83,282
67,484
60,329
53,932
48,213
43,101
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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, 2019)
Schedule for the Office of the Under Secretary for Health
(38 u.s.c. 7306)•
Minimum
$127,914
Maximum
$156,000••
Physician, Dentist, and Podiatrist Base and Longevity Schedule•••
Physician Grade .
Dentist Grade . .
Podiatrist Grade
Chief Grade .
Senior Grade.
Intermediate Grade.
Full Grade ...
Associate Grade . .
$104,843
104,843
104,843
Chiropractor and Optometrist Schedule
$106,595
90,621
76,687
64,490
53,805
Physician Assistant and Expanded-Function
Dental Auxiliary Schedule••••
Director Grade.
$106,595
Assistant Director Grade.
90,621
Chief Grade
76,687
Senior Grade.
64,490
Intermediate Grade.
53,805
Full Grade.
44,471
Associate Grade
38,268
Junior Grade.
32,716
$153,773
153,773
153,773
$138,572
117,810
99,691
83,840
69,951
$138,572
117,810
99,691
83,840
69,951
57,809
49,752
42,535
•
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(d), the rate of basic pay payable to these
employees is limited to the rate for level V of the Executive Schedule, which is
$156,000.
••• Pursuant to section 3 of Public Law 108-445 and 38 U.S.C. 7431, Veterans
Health Administration physicians and dentists 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.
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SCHEDULE 4--SENIOR EXECUTIVE SERVICE
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2019)
Agencies with a Certified SES
Performance Appraisal System .
Agencies without a Certified SES
Performance Appraisal System
Minimum
$127,914
$127,914
SCHEDULE 5--EXECUTIVE SCHEDULE
Maximum
$192,300
$176,900
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2019)
Level I
$213,600
Level II
192,300
Level III.
176,900
Level IV
166,500
Level v
156,000
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, 2019)
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--JODICIAL SALARIES
$246,900
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, 2019)
Chief Justice of the United States . . .
Associate Justices of the Supreme Court.
Circuit Judges . . . . . . . . . . .
District Judges ..........
.
Judges of the Court of International Trade
$270,700
258,900
223,700
210,900
210,900
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Pay Grade
0-10*
0-9
0-8
0-7
0-6**
0-5
0-4
0-3***
0-2***
0-1***
0-3E
0-2E
O-lE
W-5
W-4
2 or less
OVer 2
$10,668.90
$11,018.70
8,865.30
9,276.90
6,722.70
7,385.70
5,604.30
6,313.50
4,835.40
5,597.40
4,251.60
4,819.20
3,673.50
4,183.80
3,188.40
3,318.90
$4,393.80
$4,726.20
SCHBDULB 8--PAY OF THE UNJ:l!'OI.IMBD SBli.VJ:CES
(Effective January 1, 2019)
Part X--MONTHLY BASXC PAY
YEARS OF SBRVJ:CB (COMPOTBD UNDBll. 37 U.S.C. 205)
OVer 3
over 4
OVer 6
OVer 8
over 10
over 12
COMMZSSXONBD OFPXCBli.S
$11,250.60
$11,315.40
$11,604.90
$12,088.20
$12,200.70
$12,659.70
9,467.70
9,619.20
9,893.40
10,164.60
10,477.80
10,790.10
7,870.50
7,870.50
7,900.50
8,239.20
8,283.90
8,283.90
6,750.00
6,832.50
7,105.50
7,268.40
7,627.20
7,890.90
5,971.20
6,054.00
6,400.80
6,772.80
7,236.00
7,596.30
5,201.40
5,671. 50
5,943.60
6, 241 .. 50
6,434.40
6,751.20
4,818.30
4,981.20
5,083.80
5,083.80
5,083.80
5,083.80
4,011.90
4,011.90
4, 011.90
4,011.90
4,011.90
4,011.90
COl!Ml:SSZONBD Ol!'l!'XCBli.S WJ:TH OVER 4 YEARS ACT:r:vB DUTY SBli.VJ:CB
$4,861.80
AS All QLXSTBD MBMBBll. OR WARRANT OPFZCBll.****
$5,671.50
$5,943.60
$6,241.50
$6,434.40
4, 981.20
4,011. 90
$4,995.30
5,083.80
4,284.00
5,245.50
4,442.40
WARRANT Ol!'l!'XCBRS
$5,225.10
5,518.80
4,604.40
$6,751.20
5,730.00
4,763.40
over 14
$12,791.70
11,103.60
8,754.30
8,230.80
7,846.50
6,916.80
5,083.80
4,011.90
$7,018.80
5,887.20
4, 981.20
Over 16
$13,187.10
12,088.20
9,586.80
8, 751.30
7,990.50
6,916.80
5,083.80
4,011.90
$7' 172.70
5,887.20
4,981.20
OVer 18
$13,759.50
12,919.20
10,075.20
8,998.50
8,073.90
6,916.80
5,083.80
4,011.90
$7,381.80
5,887.20
4,981.20
$5,452,80
$5,683.20
$6,029.10
$6,333.00
$6' 621.90
$6,858.60
W-3
4,012.50
4,179.60
4,351.20
4,407.60
4,586.70
4,940.40
5,308.50
5,482.20
5,682.90
5,889.00
6,261.00
W-2
3,550.50
3,886.20
3,989.70
4,060.50
4,290.90
4,648.80
4,826.10
5,000.40
5,214.00
5,381.10
5,532.00
W-1
3,116.40
3,452.10
3,542.10
3,732.60
3,957.90
4,290.30
4,445.10
4,662.00
4,875.30
5,043.30
5,197.50
Basic pay is limited to the rate of basic pay for level II of the Executive·schedule in effect during calendar year 2019, which is
$16,025.10 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, 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 2019, which is $12,999.90
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
credit~le toward reserve retirement also qualify for these rates.
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Pay Grade
0-10*
0-9
0-8
0-7
0-6**
0-5
0-4
0-3***
0-2***
0-1***
0-3E
0-2E
O-lE
w-s
W-4
W-3
K-2
W-1
over 20
$16, 025.10*
15,078.60
14,287.20
12,919.20
10,563.30
9,243.60
8,073.90
6, 916.80
51083.80
41011.90
$7,381.80
51887.20
41981.20
$7.812.60
7,089.30
6,511. 80
51713.20
5,385.30
OVer 22
$161025 ,1.0*
15,296.40
14,639.40
121919.20
101841.40
9, 521.40
8,073.90
6,916.80
5,083.80
4,011.90
$7,381.80
5,887.20
4,981.20
$8,208.60
7,428.00
6,661.80
5,832.00
5,385.30
over 24
$161 025
o 1.0*
151610.20
14,639.40
12,919.20
11,123.10
9,521.40
8,073.90
6,916.80
5,083.80
4, 011.90
$7.381.80
51887.20
4, 981.20
$8,503.80
71706,40
6,821.10
5,926.20
5'
385.30
SCBBDULB 8--PAY 01' THB tiN:IPORMBD SBllVI:CBS (PAGE 2)
(Bffective January 1, 2019)
Part J:- -MON"lBLY BASJ:C PAY
YBARS OP SBRVZCB (CCliiPll'l'llll tiNDER 37 U.S.C. 205)
OVer 26
$16' 025 .10*
16, 025.10*
141639,40
12,985.50
111668
o 20
9. 521.40
8,073.90
6,916.80
5,083.80
4, 011.90
OVer 28
Over 30
COIIHISS:IOHBD OPJ!'ICDS
$16,025.10*
16,025.10*
14,639.40
12,985.50
11,668.20
9,521.40
8, 073.90
6,916.80
5,083.80
4,011.90
$16,025.1.0*
16,025.10*
15,006.00
131245
o 30
11,901.30
91521.40
81073.90
6,916.80
51083.80
4, 011.90
OVer 32
$16,025.10*
16,025 .10*
151006
o 00
13,245.30
11,901.30
9,521.40
8, 073.90
6,916.80
5,083.80
4,011.90
COMM:ISS:IOHBD O!'J.I'l:CBRS WJ:TH OVD. 4 YBAR.S ACTJ:VB DUTY SBRV:ICB
AS D
BHLJ:STBD MBIIBBR OR WARRA!t*r OI'PICER****
$7,381..80
$7,381.80
$7,381.80
$7,381.80
5,887.20
5,887.20
5,887.20
5,887.20
4,981..20
4,981.20
4,981.20
4,981.20
$8,830.50"
8, 024.10
7,038.60
5,926.20
5,385.30
WARRAN'l' OPP:ICD.S
$8,830.50
$9,272.70
8,024.10
8,184.00
7,038.60
7,038.60
5,926.20
5,926.20
5,385.30
51385
o 30
$9,272.70
81184
o 00
7,038.60
5,926.20
5,385.30
over 34
$16' 025 .10*
161025 .10*
15,380.70
13,245.30
11,901.30
9,521.40
8,073.90
6,916.80
5,083.80
4,011.90
$7.381.80
5,887.20
4,981.20
$9,735.60
8,184.00
7,038.60
5, 926.20
5,385.30
Over 36
$16,025.10*
16' 025 .10*
15,380.70
131245.30
11,901.30
91521.40
81073.90
6,916.80
5,083.80
4, 011.90
$7,381.80
5, 887.20
4, 981.20
$9,735.60
8,184.00
7,038.60
5, 926.20
5,385.30
OVer 38
$16,025.10*
161025 ,10*
15,380.70
13,245.30
11,901.30
9, 521.40
8,073.90
6,916.80
51083.80
4, 011.90
$7,381.80
5,887.20
4, 981.20
$10,223.40
8,184.00
7,038.60
5,926.20
5,385.30
Basic pay is limited to the rate of basic pay for level 'II of the Executive Schedule in effect during calendar year 2019, which is
$16,025.10 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, Cotmnandant of the Marine Corps, Commandant of
the Coast Guard, Chief of the National Guard Bureau, or commander of a unified or specified combatant connnand (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 2019, which is $12,999.90
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.
Over 40
$161025 ,10*
16,025 .10*
15,380.70
13,245.30
11,901.30
9,521.40
8, 073.90
61916,80
5,083.80
41011..90
$7,381.80
5,887.20
4,981.20
$10,223.40
8,184.00
7,038.60
5,926.20
5,385.30
12861
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SCHBDULB 8--PAY OP TBB UNJ:PORMBD SBRVZCBS {PAGB 3)
{Bffective January 1, 2019)
Part I--~Y
BASIC PAY
DARB OP SBRVZCB {COMPtl'rBD 'ONDBR 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
BNLISTBD MBMBBRS
E-9*
-
-
-
-
-
-
$5,308.20
$5,428.50
$5,580.30
$5,758.20
$5,938.80
E-8
-
-
-
-
-
$4,345.50
4,537.50
4,656.60
4,798.80
4,953.60
5,232.30
E-7
$3,020.70
$3,296.70
$3,423.30
$3,590.10
$3,720.90
3,945.00
4,071.60
4,295.70
4,482.60
4,609.80
4,745.40
E-6
2,612.70
2,875.20
3,002.10
3,125.40
3,254.10
3,543.30
3,656.40
3,874.80
3,941.40
3,990.00
4,046.70
E-5
2,393.4·0
2,554.80
2,678.10
2,804.40
3,001.50
3,207.00
3,376.20
3,396.60
3,396.60
3,396.60
3,396.60
E-4
2,194.50
2,307.00
2, 431.80
2,555.40
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
E-3
1,981.20
2,105.70
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
E-2
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
E-1**
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
E-1***
1,554.00
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 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 $8,578.50 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.
12862
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SCIIBDULB 8--PAY Or THB 'IINJ:I'ORMBD SBRVJ:CBS (PAQB 4)
(Bffective January 1, 2019)
Part X--MONTHLY BASIC PAY
YBARS Or SBRVICB (COMPU'l'I!:D UJIDBR 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
B:NI.ISTBD MBMBBRS
E-9*
$6,226.50
$6,470.70
$6,726.60
$7,119.30
$7,119.30
$7,474.80
$7,474.80
$7,848.90
$7,848.90
$8,241.90
$8,241.90
E-8
5,373.60
5,613.90
5,747.40
6,075.60
6,075.60
6,197.70
6,197.70
6,197.70
6,197.70
6,197.70
6,197.70
E-7
4,797.60
4,974.30
5,068.80
5,429.10
5,429.10
5,429.10
5,429.10
5,429.10
5,429.10
5,429.10
5,429.10
E-6
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
E-5
3,396.60
3,396.60
3,396.60
3,396.60
3,396.60
3,396.60
3,396.60
3,396.60
3,396.60
3,396.60
3,396.60
E-4
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
E-3
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
E-2
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
E-1**
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
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 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 $8,578.50 per month, regardless of cumulative years of
service under 37 u.s.c. 205.
**
•••
Applies to personnel who have served 4 montha or more on active duty.
Applies to personnel who have served less than 4 months on active duty
.
12863
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SCBBD!JLB 8--PAY OP THB UNJ:FORMBD SBRVJ:CBS (PAGB 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
$1,116.00.
Note: As a result of the enactment of sections 602-604 of Public Law 105-85,
the National Defense Authorization Act for Fiscal Year 1998, the
Secretary of Defense now has the authority to adjust the rates of basic
allowances for subsistence and housing. Therefore, these allowances are
no longer adjusted by the President in conjunction with the adjustment
of basic pay for members of the uniformed services. Accordingly, the
tables of allowances included in previous orders are not included here.
12864
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SCHEDULE 9--LOCALITY-BASED COMPARABILITY PAYMENTS
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2019)
Locality Pay Area*
Rate
Alaska .......................................................
28.89%
Albany-Schenectady, NY -MA ....................................
17 .19%
Albuquerque-Santa Fe-Las Vegas, NM ...........................
16.20%
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL ............
21.64%
Austin-Round Rock, TX ........................................
17.46%
Birmingham-Hoover-Talladega, AL .................
, ............
15.77%
Boston-Worcester-Providence, MA-RI-NH-ME .....................
28.27%
Buffalo-Cheektowaga, NY ......................................
19.67%
Burlington-South Burlington, VT ..............................
16.18%
Charlotte-Concord, NC-SC .....................................
16.79%
Chicago-Naperville, IL-IN-WI .................................
28.05%
Cincinnati-Wilmington-Maysville, OH-KY-IN ....................
20.21%
Cleveland-Akron-Canton, oH· ...................................
20.45%
Colorado Springs, CO ..........................................
17. 19%
Columbus-Marion-Zanesville, OH ...............................
19.47%
Corpus Christi-Kingsville-Alice, TX ..........................
16.01%
Dallas-Fort Worth, TX-OK .....................................
24.21%
Davenport-Moline, IA-IL ......................................
16.49%
Dayton-Springfield-Sidney, OH ................................
18.61%
Denver-Aurora, CO ............................................
26.30%
Detroit-Warren-Ann Arbor, MI .................................
26.81%
Harrisburg-Lebanon, PA .......................................
16.65%
Hartford-West Hartford, CT-MA ................................
28.87%
Hawaii .......................................................
18.98%
Houston-The Woodlands, TX ....................................
32.54%
Huntsville-Decatur-Albertville, AL ...........................
19.18%
Indianapolis-Carmel-Muncie, IN ...............................
16.57%
Kansas City-overland Park-Kansas City, MO-KS .................
16.60%
Laredo, TX ...................................................
18.22%
Las Vegas-Henderson, NV-AZ ...................................
17.04%
Los Angeles-Long Beach, CA ...................................
31.47%
Miami-Fort Lauderdale-Port St. Lucie, FL .................•...
23.12%
Milwaukee-Racine-Waukesha, WI ................................
20.58%
Minneapolis-St. Paul, MN-WI ..................................
24.00%
New York-Newark, NY-NJ-CT-PA ..................................
33.06%
Omaha-Council Bluffs-Fremont, NE-IA ..........................
15.87%
Palm Bay-Melbourne-Titusville, FL
.~ ..........................
16.33%
Philadelphia-Reading-Camden, PA-NJ-DE-MD .....................
25.30%
Phoenix-Mesa-Scottsdale, AZ ..................................
19. 60%
Pittsburgh-New Castle-Weirton, PA-OH-WV ......................
18.86%
Portland-Vancouver-Salem, OR-WA ..............................
23.13%
Raleigh-Durham-Chapel Hill, NC ...............................
19.99%
Richmond, VA .................................................
19.38%
Sacramento-Roseville, CA-NV ..................................
25.59%
San Antonio-New Braunfels-Pearsall, TX ..........•............
16.07%
San Diego-Carlsbad, CA .......................................
28.80%
San Jose-San Francisco-Oakland, CA ...........................
40.35%
Seattle-Tacoma, WA ...........................................
26.04%
St. Louis-St. Charles-Farmington, MO-IL ......................
17.05%
Tucson-Nogales, AZ ...........................................
16.68%
Virginia Beach-Norfolk, VA-NC ................................
15. 91%
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA ...............
29.32%
Rest of u.s ..................................................
15.67%
Locality Pay Areas are defined in 5 CFR 531.603.
12865
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[FR Doc. 2019–06548
Filed 4–1–19; 11:15 a.m.]
Billing code 6325–39–C
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SCHEDULE 10--ADMINISTRATIVE LAW JUDGES
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2019)
AL-3/A .......................................................
$111,100
AL-3/B ....................................................... 119,600
AL-3/C ....................................................... 128,200
AL-3/D ....................................................... 136,800
AL-3/E ....................................................... 145,500
A!..-3/F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
I 800
AL-2 ......................................................... 162,300
AL-l ......................................................... 166,500
| Adjustments of Certain Rates of Pay | 2019-03-28T00:00:00 | 81329d75739a50f0b21e02735b1ff14d6356f0d1ffc1b01dac0498a3995c6f07 |
Presidential Executive Order | 2019-00014 (13855) | Presidential Documents
45
Federal Register / Vol. 84, No. 4 / Monday, January 7, 2019 / Presidential Documents
Executive Order 13855 of December 21, 2018
Promoting Active Management of America’s Forests, Range-
lands, and Other Federal Lands To Improve Conditions and
Reduce Wildfire 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. It is the policy of the United States to protect people,
communities, and watersheds, and to promote healthy and resilient forests,
rangelands, and other Federal lands by actively managing them through
partnerships with States, tribes, communities, non-profit organizations, and
the private sector. For decades, dense trees and undergrowth have amassed
in these lands, fueling catastrophic wildfires. These conditions, along with
insect infestation, invasive species, disease, and drought, have weakened
our forests, rangelands, and other Federal lands, and have placed commu-
nities and homes at risk of damage from catastrophic wildfires.
Active management of vegetation is needed to treat these dangerous condi-
tions on Federal lands but is often delayed due to challenges associated
with regulatory analysis and current consultation requirements. In addition,
land designations and policies can reduce emergency responder access to
Federal land and restrict management practices that can promote wildfire-
resistant landscapes. With the same vigor and commitment that characterizes
our efforts to fight wildfires, we must actively manage our forests, rangelands,
and other Federal lands to improve conditions and reduce wildfire risk.
In recognition of these regulatory, policy, and coordinating challenges, the
Secretary of the Interior and the Secretary of Agriculture (the Secretaries)
each shall implement the following policies in their respective departments:
(a) Shared Management Priorities. The goal of Federal fire management
policy for forests, rangelands, and other Federal lands shall be to agree
on a set of shared priorities with Federal land managers, States, tribes,
and other landowners to manage fire risk across landscapes.
(b) Coordinating Federal, State, Tribal, and Local Assets. Wildfire preven-
tion and suppression and post-wildfire restoration require a variety of assets
and skills across landscapes. Federal, State, tribal, and local governments
should coordinate the deployment of appropriate assets and skills to restore
our landscapes and communities after damage caused by fires and to help
reduce hazardous fuels through active forest management in order to protect
communities, critical infrastructure, and natural and cultural resources.
(c) Removing Hazardous Fuels, Increasing Active Management, and Sup-
porting Rural Economies. Post-fire assessments show that reducing vegetation
through hazardous fuel management and strategic forest health treatments
is effective in reducing wildfire severity and loss. Actions must be taken
across landscapes to prioritize treatments in order to enhance fuel reduction
and forest-restoration projects that protect life and property, and to benefit
rural economies through encouraging utilization of the by-products of forest
restoration.
Sec. 2. Goals. (a) To protect communities and watersheds, to better prevent
catastrophic wildfires, and to improve the health of America’s forests, range-
lands, and other Federal lands, the Secretaries shall each develop goals
and implementation plans for wildfire prevention activities and programs
in their respective departments. In the development of such goals and plans:
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Federal Register / Vol. 84, No. 4 / Monday, January 7, 2019 / Presidential Documents
(i) The Secretary of the Interior shall review the Secretary’s 2019 budget
justifications and give all due consideration to establishing the following
objectives for 2019, as feasible and appropriate in light of those budget
justifications,
and
consistent
with
applicable
law
and
available
appropriations:
(A) Treating 750,000 acres of Department of the Interior (DOI)-adminis-
tered lands to reduce fuel loads;
(B) Treating 500,000 acres of DOI-administered lands to protect water
quality and mitigate severe flooding and erosion risks arising from forest
fires;
(C) Treating 750,000 acres of DOI-administered lands for native and
invasive species;
(D) Reducing vegetation giving rise to wildfire conditions through forest
health treatments by increasing health treatments as part of DOI’s offering
for sale 600 million board feet of timber from DOI-administered lands;
and
(E) Performing maintenance on public roads needed to provide access
for emergency services and restoration work; and
(ii) The Secretary of Agriculture shall review the Secretary’s 2019 budget
justifications and give all due consideration to establishing the following
objectives for 2019, as feasible and appropriate in light of those budget
justifications,
and
consistent
with
applicable
law
and
available
appropriations:
(A) Treating 3.5 million acres of Department of Agriculture (USDA)
Forest Service (FS) lands to reduce fuel load;
(B) Treating 2.2 million acres of USDA FS lands to protect water quality
and mitigate severe flooding and erosion risks arising from forest fires;
(C) Treating 750,000 acres of USDA FS lands for native and invasive
species;
(D) Reducing vegetation giving rise to wildfire conditions through forest
health treatments by increasing health treatments as part of USDA’s offering
for sale at least 3.8 billion board feet of timber from USDA FS lands;
and
(E) Performing maintenance on roads needed to provide access on USDA
FS lands for emergency services and restoration work.
(b) For the years following establishment of the objectives in subsection
(a) of this section, the Secretaries shall consider annual treatment objectives
that meet or exceed those established in subsection (a) of this section,
using the full range of available and appropriate management tools, including
prescribed burns and mechanical thinning. The Secretaries shall also refine
and develop performance metrics to better capture the risk reduction benefits
achieved through application of these management tools.
(c) In conjunction with establishment of goals, and by no later than March
31, 2019, the Secretaries shall identify salvage and log recovery options
from lands damaged by fire during the 2017 and 2018 fire seasons, insects,
or disease.
Sec. 3. Coordination and Efficient Processes. Effective Federal agency coordi-
nation and efficient administrative actions and decisions are essential to
improving the condition of America’s forests, rangelands, and other Federal
lands. To advance the policies set forth in this order and the goals set
by the Secretaries, the Secretaries shall:
(a) Coordinate with the heads of all relevant Federal agencies to prioritize
and promptly implement post-wildfire rehabilitation, salvage, and forest res-
toration;
(b) Streamline agency administrative and regulatory processes and policies
relating to fuel reduction in forests, rangelands, and other Federal lands
and forest restoration when appropriate by:
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(i) Adhering to minimum statutory and regulatory time periods, to the
maximum extent practicable, for comment, consultation, and administrative
review processes related to active management of forests, rangelands, and
other Federal lands, including management of wildfire risks;
(ii) Using all applicable categorical exclusions set forth in law or regulation
for fire management, restoration, and other management projects in forests,
rangelands, and other Federal lands when implementing the requirements
of the National Environmental Policy Act (42 U.S.C. 4321 et seq.);
(iii) Consistent with applicable law, developing and using new categorical
exclusions to implement active management of forests, rangelands, and
other Federal lands; and
(iv) Immediately prioritizing efforts to reduce the time required to comply
with consultation obligations under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Sec. 4. Unmanned Aerial Systems. To reduce fire and forest health risks
as described in section 1 of this order, the Secretaries shall, in coordination
with the Administrator of the Federal Aviation Administration, maximize
appropriate use of unmanned aerial systems to accelerate forest management
and support firefighting and post-fire rehabilitation in forests, rangelands,
and other Federal lands.
Sec. 5. Wildfire Strategy. (a) In collaboration with Federal, State, tribal,
and local partners, the Secretaries shall jointly develop, by December 31,
2020, a strategy to support local Federal land managers in project decision-
making and inform local fire management decisions related to forests, range-
lands, and other Federal lands, thereby protecting habitats and communities,
and reducing risks to physical infrastructure.
(b) In developing the strategy described in subsection (a) of this section,
the Secretaries shall:
(i) Identify DOI- and USDA FS-administered lands with the highest prob-
ability of catastrophic wildfires, as well as areas on those lands where
there is a high probability that wildfires would threaten people, structures,
or other high-value assets, in order to direct and prioritize actions to
meet land management goals and to protect communities;
(ii) Examine the costs and challenges relating to management of DOI-
and USDA FS-administered lands, including costs associated with wildfire
suppression, implementation of applicable statutory requirements, and liti-
gation;
(iii) Review land designations and policies that may limit active forest
management and increase the risk of catastrophic wildfires;
(iv) Consider market conditions as appropriate when preparing timber
sales, including biomass and biochar opportunities, and encourage export
of these or similar forest-treatment products to the maximum extent per-
mitted by law, in order to promote active forest management, mitigate
wildfire risk, and encourage post-fire forest restoration;
(v) Develop recommended actions and incentives to expand uses, markets,
and utilization of forest products resulting from restoration and fuel reduc-
tion projects in forests, rangelands, and other Federal lands, including
biomass and small-diameter materials;
(vi) Assess how effectively Federal programs and investments support
forest-product infrastructure and market access;
(vii) Identify and assess methods, including methods undertaken pursuant
to section 3(b)(iv) of this order, to more effectively and efficiently stream-
line consultation under the Endangered Species Act;
(viii) In conjunction with the Administrator of the Environmental Protec-
tion Agency, identify methods to reduce interagency regulatory barriers,
improve alignment of Federal, State, and tribal policy, and identify redun-
dant policies and procedures to promote efficiencies in implementing
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the Clean Water Act of 1972 (33 U.S.C. 1251 et seq.), Clean Air Act
(42 U.S.C. 7401 et seq.), and other applicable Federal environmental laws;
and
(ix) Develop procedures and guidance to facilitate timely compliance with
the National Environmental Policy Act.
Sec. 6. Collaborative Partnerships. To reduce fuel loads, restore watersheds,
and improve forest, rangeland, and other Federal land conditions, and to
utilize available expertise and efficiently deploy resources, the Secretaries
shall expand collaboration with States, tribes, communities, non-profit organi-
zations, and the private sector. Such expanded collaboration by the Secre-
taries shall, at a minimum, address:
(a) Supporting road activities needed to maintain forest, rangeland, and
other Federal land health and to mitigate wildfire risk by expanding existing
or entering into new Good Neighbor Authority agreements, consistent with
applicable law; and
(b) Achieving the land management restoration goals set forth in section
2 of this order and reducing fuel loads by pursuing long-term stewardship
contracts, including 20-year contracts, with States, tribes, non-profit organiza-
tions, communities, and the private sector, consistent with applicable law.
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,
December 21, 2018.
[FR Doc. 2019–00014
Filed 1–4–19; 8:45 am]
Billing code 3295–F9–P
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| Promoting Active Management of America's Forests, Rangelands, and Other Federal Lands To Improve Conditions and Reduce Wildfire Risk | 2018-12-21T00:00:00 | a517e01e0a8ccc290cbbaf095c0e61af71efdc698c383ba50a31de016f39908f |
Presidential Executive Order | 2018-26552 (13852) | Presidential Documents
62687
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Executive Order 13852 of December 1, 2018
Providing for the Closing of Executive Departments and
Agencies of the Federal Government on December 5, 2018
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 on December 5, 2018, as a mark of respect for George
Herbert Walker Bush, the forty-first President of the United States.
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 5, 2018, for reasons of national security, defense, or other public
need.
Sec. 3. December 5, 2018, 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.
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(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, 2018.
[FR Doc. 2018–26552
Filed 12–3–18; 2:00 pm]
Billing code 3295–F9–P
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| Providing for the Closing of Executive Departments and Agencies of the Federal Government on December 5, 2018 | 2018-12-01T00:00:00 | 48848c77d156960642c04c69601d40b0e83b817d8a2bdee84ad32d55db3a5760 |
Presidential Executive Order | 2019-00048 (13856) | Presidential Documents
65
Federal Register
Vol. 84, No. 5
Tuesday, January 8, 2019
Title 3—
The President
Executive Order 13856 of December 28, 2018
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.
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Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2019. The other
schedules contained herein are effective on the first day of the first applicable
pay period beginning on or after January 1, 2019.
Sec. 8. Prior Order Superseded. Executive Order 13819 of December 22,
2017, is superseded as of the effective dates specified in section 7 of this
order.
THE WHITE HOUSE,
December 28, 2018.
Billing code 3295–F9–P
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SCHEDULE 1--GENERAL SCHEDULE
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2019)
1
2
3
4
5
6
7
8
9
10
GS-1
$18,785
$19,414
$20,039
$20,660
$21,285
$21,650
$22,267
$22,891
$22,915
$23,502
GS-2
21,121
21,624
22,323
22,915
23,175
23,857
24,539
25,221
25,903
26,585
GS-3
23,045
23,813
24,581
25,349
26,117
26,885
27,653
28,421
29,189
29,957
GS-4
25,871
26,733
27,595
28,457
29,319
30,181
31,043
31,905
32,767
33,629
GS-5
28,945
29,910
30,875
31,840
32,805
33,770
34,735
35,700
36,665
37,630
GS-6
32,264
33,339
34,414
35,489
36,564
37,639
38,714
39,789
40,864
41,939
GS-7
35,854
37,049
38,244
39,439
40,634
41,829
43,024
44,219
45,414
46,609
GS-8
39,707
41,031
42,355
43,679
45,003
46,327
47,651
48,975
50,299
51,623
GS-9
43,857
45,319
46,781
48,243
49,705
51,167
52,629
54,091
55,553
57,015
GS-10
48,297
49,907
51,517
53,127
54,737
56,347
57,957
59,567
61,177
62,787
GS-11
53,062
54,831
56,600
58,369
60,138
61,907
63,676
65,445
67,214
68,983
GS-12
63,600
65,720
67,840
69,960
72,080
74,200
76,320
78,440
80,560
82,680
GS-13
75,628
78,149
80,670
83,191
85,712
88,233
90,754
93,275
95,796
98,317
GS-14
89,370
92,349
95,328
98,307
101,286
104,265
107,244
110,223
113,202
116,181
GS-1.5
105,123
108,627
112,131
115,635
119,139
122,643
126,147
129,651
133,155
136,659
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SCHEDULE 2--FOREIGN SERVICE SCHEDULE
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2019)
Step
Class
Class
Class
Class
Class
Class
Class
Class
Class
1
2
3
4
5
6
7
8
9
1
$105,123
$85,181
$69,022
$55,929
$45,319
$40,514
$36,218
$32,378
$28,945
2
108,277
87,736
71,093
57,607
46,679
41,729
37,305
33,349
29,813
3
111,525
90,369
73,225
59,335
48,079
42,981
38,424
34,350
30,708
4
114,871
93,080
75,422
61,115
49,521
44,271
39,576
35,380
31,629
5
118,317
95,872
77,685
62,949
51,007
45,599
40,764
36,442
32,578
6
121,866
98,748
80,015
64,837
52,537
46,967
41,987
37,535
33,555
7
125,522
101,711
82,416
66,782
54,113
48,376
43,246
38,661
34,562
8
129,288
104,762
84,888
68,786
55,737
49,827
44,544
39,821
35,599
9
133,167
107,905
87,435
70,849
57,409
51,322
45,880
41,015
36,667
10
136,659
111,142
'90,058
72,975
59,131
52,862
47,256
42,246
37,767.
11
136,659
114,476
92,760
75,164
60,905
54,447
48,674
43,513
38,900
12
136,659
117,910
95,543
77,419
62,732
56,081
50,134
44,819
40,067
13
136,659
121,448
98,409
79,741
64,614
57,763
51,638
46,163
41,269
14
136,659
125,091
101,361
82,134
66,552
59,496
53,187
47,548
42,507
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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 l, 2019)
Schedule for the Office of the Under Secretary for Health
(38 u.s.c. 7306)*
(Only applies to incumbents who are not physicians or dentists)
Assistant Under Secretaries for Health
Service Directors .
Director, National Center
for Preventive Health .
Minimum
$123' 290
..
105,123
$165, 956**
Maximum
$153,119
153,119
Physician, Dentist, and Podiatrist Base ·and Longevity Schedule•••
Physician Grade
Dentist Grade .
Podiatrist Grade
Chief Grade
Senior Grade.
Chiropractor and Optometrist Schedule
Intermediate Grade.
Full Grade.
Associate Grade
$103,395
$151,653
103,395
151,653
103,395
151,653
$105,123
$136,659
89,370
116,181
75,628
98,317
63,600
82,680
53,062
68,983
Physician Assistant and Expanded-Function
Dental Auxiliary Schedule••••
Director Grade.
$105,123
$136,659
Assistant Director Grade.
89,370
116,181
Chief Grade
75,628
98,317
Senior Grade.
63,600
82,680
Intermediate Grade.
53,062
68,983
Full Grade.
43,857
57,015
Associate Grade
37,740
49,062
Junior Grade.
32,264
41,939
* This schedule does not apply to the Deputy Under Secretary for Health, the
Associate Deputy Under Secretary for Health, Assistant Under Secretaries for
Health who are physicians, dentists, or podiatrists, Medical Directors, the
Assistant Under Secretary for Nursing Programs, or the Director of Nursing
Services.
•• Pursuant to 38 ·u.s.c. 7404(d), the rate of basic pay payable to these
employees is limited to the rate for level V of the Executive Schedule, which
is $153,800.
••• Pursuant to section 3 of Public Law 108-445 and 38 U.S.C. 7431, Veterans
Health Administration physicians and dentists may also be paid market pay and
performance pay.
****Pursuant to section 301(a) of Public Law 102-40, these positions are. paid
according to the Nur.se Schedule in 38 U.S.C. 4107 (b), as in effect on August
14, 1990, with subsequent adjustments.
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SCHEDULE 4--SENIOR EXECUTIVE SERVICE
(Effective on the first day of the first applicable pay period
beginning on or after January 1,' 2019)
Agencies with a Certified SES
Performance Appraisal System
Agencies without a Certified SES
Performance Appraisal System
Minimum
$126,148
$126,148
SCHEDULE 5--EXECUTIVE SCHEDULE
Maximum
$189,600
$174,500
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2019)
Level I
$210,700
Level II
189,600
Level III.
174,500
Level IV
164,200
Level v
153,800
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, 2019)
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
$243,500
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, 2019)
Chief Justice of the United States . .
Associate Justices of the Supreme Court.
Circuit Judges . . . . . . . . . . .
District Judges ..........
.
Judges of the Court of International Trade
$267,000
255,300
220,600
208,000
208,000
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Pay Grade
0-10*
0-9
0-8
0-7
0-6**
o-5
0-4
0-3***
0-2***
0-1***
0-3E
0-2E
O-lE
W-5
2 or less
OVer 2
$10,668.90
$11,018.70
8,865.30
9,276.90
6,722.70
7,385.70
5,604.30
6,313.50
4,835.40
5,597.40
4,251.60
4,819.20
. 3,673.50
4,183.80
3,188.40
3,318.90
SCHEDULE 8--PAY OP THE UNIPORMBD SBRVICBS
(Effective January 1, 20191
Part I--MONTHLY BASIC PAY
YEARS 01!' SBRVICB (COMPUTED UNDER 37 U.S.C. 205)
OVer 3
over 4
over 6
OVer 8
over 10
OVer 12
COMMISSIONED OFFICERS
$11,250.60
$11,315.40
$11,604.90
$12,088.20
$12,200.70
$12,659.70
9,467.70
9,619.20
9,893.40
10,164.60
10,477.80
10,790.10
7,870.50
7,870.50
7,900.50
8,239.20
8,283.90
8,283.90
6,750.00
6,832.50
7,105.50
7,268.40
7,627.20
7,890.90
5, 971.20
6,054.00
6,400.80
6,772.80
7,236.00
7,596.30
5,201.40
5,671.50
5,943.60
6,241.50
6,434.40
6,751.20
4,818.30
4, 981.20
5,083.80
5,083.80
5,083.80
5,083.80
4, 011.90
4,011.90
4,011.90
4,011.90
4,011.90
4, 011.90
COMMISSIONED OFFICERS WITH OVBR 4 YBARS ACTIVB DUTY SERVICE
AS AN ENLISTED MEMBER OR WARRANT OPPICBR****
$5,671.50
$5,943.60
$6,241.50
$6,434.40
4,981.20
4, 011.90
5,083.80
4,284.00
5,245.50
4,442.40
WARRANT OPPICBRS
5,518.80
4,604.40
$6,751.20
5,730.00
4,763.40
OVer 14
$12,791.70
11,103.60
8,754.30
8,230.80
7,846.50
6,916.80
5,083.80
4,011.90
$7,018.80
5,887.20
4, 981.20
over 16
$13,187.10
12,088.20
9,586.80
8, 751.30
7,990.50
6,916.80
5,083.80
4,011.90
$7,172.70
5,887.20
4,981.20
W-4
$4,393.80
$4,726.20
$4,861.80
$4,995.30
$5,225.10
$5,452.80
$5,683.20
$6,029.10
$6,333.00
$6,621.90
W-3
4,012.50
4,179.60
4,351.20
4,407.60
4,586.70
4,940.40
5,308.50
5,482.20
5,682.90
5,889.00
W-2
3,550.50
3,886.20
3,989.70
4,060.50
4,290.90
4,648.80
4,826.10
5,000.40
5,214.00
5,381.10
W-1
3,116.40
3,452.10
3,542.10
3,732.60
3,957.90
4,290.30
4,445.10
4,662.00
4,875.30
5,043.30
*
Basic pay is limited to the rate of basic pay for level II of the Executive Schedule in effect during calendar year 2019, which is
over 18
$13,759.50
12,919.20
10,075.20
8,998.50
8, 073.90
6,916.80
5,083.80
4, 011.90
$7,381.80
5,887.20
4, 981.20
$6,858.60
6,261.00
5,532.00
5,197.50
$15,800.10 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, 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 2019, which is $12,816.60
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.
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Pay Grade
0-10*
0-9
0-8
0-7
0-6**
0-5
0-4
0-3***
0-2***
0-1***
0-3E
0-2E
0-1B
W-5
W-4
W-3
W-2
W-1
over 20
$15
I BOO .10*
1:51078.60
14,287.20
12,919.20
10,563.30
9',243. 60
8,073.90
6,916.80
5,083.80
4,011.90
$7,381.80
5,887.20
4,981.20
$7,812.60
7,089.30
6,51.1. so
5,713.20
5,385.30
OVer 22
$15,800.10*
15,296.40
14,639.40
12,919.20
10,841.40
9,521.40
8, 073.90
6, 916. so
5,083.80
4,011.90
$7,381.80
5,887.20
4,981.20
$8,208.60
7,428.00
6,661.80
5, 832.00
5,385.30
over 24
$15,800.10*
15,610.20
14,639.40
12,919.20
11,123.10
9,521.40
8,073.90
6,916.80
5,083.80
4,011.90
SCHEDULE 8--PAY OP THB UNJ:PORMED SBRVLCES (PAGE 2)
(Effective January 1 1 2019)
Part :I--MON"l'HLY BASJ:C PAY
YEARS OP SBRVLCB· (COMPO'l'BD ONDBR 37 ll'.S.C. 205)
over 26
Over 28
over 30
over 32
COMMXSSXONBD OPPXCBRS
$15, BOO .10*
$15
I BOO .10*
$15
I BOO .10*
$15, BOO .10*
15,B00.10*
15,800.10*
151800.10*
15, 800.10*
14,639.40
14,639.40
15'
006.00
15,006.00
12,985.50
12,985.50
13,245.30
13,245.30
11,668.20
11,66B.20
11,901.30
11,901.30
9,521.40
9,521.40
9,521.40
9,521.40
8, 073.90
8,073.90
8, 073.90
8,073.90
6,916.80
6,916.80
6,916.80
6,916.80
5, 083.80
5,083.80
5,083.80
5,083.80
4,011.90
4,011.90
4, 011.90
4,011.90
COMMXSSXOliiiiD OPPXCERS WITH OVER 4 YEARS ACTIVE DO'l'Y SBRVXCB
AS AN ENLISTED MBMBBR OR WARRANT OPPICBR****
$7,381.80
$7,381.80
$7' 381.80
$7,381.80
$7 ;381. 80
5,887.20
5,887.20
5,B87.20
5,887.20
5,887.20
4, 981.20
4, 981.20
4,981.20
4,981.20
4,981.20
liliRRAN'r OPPrCERS
$8,503.80
$8,830.50
$8,830 .so
$9,272.70
$9,272.70
7,706.40
8,024.10
8,024.10
8,1.84.00
8,184. 00
6,821.10
7' 038.60
7,038.60
71038.60
7,038.60
5,926.20
5,926.20
5,926.20
5, 926.20
5,926.20
5,385.30
5,385.30
5,385.30
5,385.30
5,385.30
OVer 34
over 36
OVer 38
$15, BOO .10*
$151 BOQ .10*
$15, BOO .10*
15, BOO .10*
15,B00.10*
15,800.10*
15,380.70
15,380.70
15,380.70
13,245.30
13,245.30
13,245.30
11,901.30
11,901.30
111901.30
9,521.40
9,521.40
9,521.40
8,073.90
8,073.90
8,073.90
6,916.80
61916.80
6,916.80
5,083.80
5,083.80
5,083.80
4,011.90
4,011.90
4, 011.90
$7,381.80
$7,381.80
$7' 381.80
5,887.20
5,887.20
5,887.20
4,981.20
4,981.20
4,981.20
$9,735.60
$9,735.60
$10,223.40
8'
184.00
8,184.00
8,184.00
7,038.60
7,038.60
7,038.60
5,926.20
5,926.20
5,926.20
5,385.30
5,385.30
5,385.30
Basic pay is limited to the rate of basic pay for level II of the Executive Schedule in effect during calendar year 2019, which is
$15,800.10 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, 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 2019, which is $12,816.60
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 me'inber 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.
over 40
$15, BOO .10*
15,800.10"
15,380.70
13,245.30
11,901.30
9,521.40
8, 073.90
6' 916.80
5,083.80
4,011.90
$7' 381.80
5, 887.20
4,981.20
$10,223.40
8' 184.00
7,038.60
5, 926.20
5,385.30
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SCI!EDULB 8--PAY 01" THB tnn:l"ORMED SERVXCES (PAGB 3)
(Bffective January 1, 2019)
Part r--MONTHLY BASrC PAY
YEARS 01" SBRVXCE (COMPOTBD UNDBR 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
BNLrSTBD MBMBBRS
E-9*
$5,308.20
$5,428.50
$5,580.30
$5,758.20
$5,938.80
E-8
-
-
$4,345.50
4,537.50
4,656.60
4,798.80
4,953.60
5,232.30
E-7
$3,020.70
$3,296.70
$3,423.30
$3,590.10
$3,720.90
3,945.00
4,071.60
4,295.70
4,482.60
4,609.80
4,745.40
E-6
2,612.70
2,875.20
3,002.10
3,125.40
3,254.10
3,543.30
3,656.40
3,874.80
3, 941.40
3,990.00
4,046.70
E-5
2,393.40
2,554.80
2,678.10
2,804.40
3, 001.50
3,207.00
3,376.20
3,396.60
3,396.60
3,396.60
3,396.60
E-4
2,194.50
2,307.00
2,431.80
2,555.40
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
E-3
1, 981.20
2,105.70
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
.2. 233. so
2,233.50
2,233.50
2,233.50
E-2
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
E-1**
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
E-1***
1,554.00
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 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 $8,578.50 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.
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SCHEDULE 8--PAY OJ!' THE UNIFORMED SERVICES (PAGE 4)
(Effective January 1, 2019)
Part I--MON'l'HLY BASIC PAY
YEARS OJ!' SERVICE (COMPUTED ONDER 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*
$6,226.50
$6,470.70
$6,726.60
$7,1151.30
$7,119.30
$7,474.80
$7,474.80
$7,848.90
$7,848.90
$8.241.90
$8' 241. 90
E-8
5,373.60
5,613.90
5,747.40
6,075.60
6,075.60
6,197.70
6,197.70
6,197.70
6,197.70
6,197.70
6,197.70
E-7
4,797.60
4,974.30
5,068.80
5,429.10
5,429.10
5,429.10
5,429.10
5,429.10
5,429.10
5,429.10
5,429.10
E-6
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
4,046.70
E-5
·3,396.60
3,396.60
3,396.60
3,396.60
3,396.60
3,396.60
3,396.60
3,396.60
3,396.60.
3,396.60
3,396.60
E-4
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
2,664.00
E-3
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
2,233.50
E-2
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
1,884.00
E-1**
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
1,680.90
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 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 $8,578.50 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.
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SCHBDULB 8--PAY Oll' 'l'HB IINJ:li'ORMBD SBRVl:CBS (PAGB 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
$1,116.00.
Note: As a result of the enactment of sections 602-604 of Public Law 105-85,
the National Defense Authorization Act for Fiscal Year 1998, the
Secretary of Defense now has the authority to adjust the rates of basic
allowances for subsistence and housing.
Therefore, these allowances
are no· longer adjusted by the President in conjunction with. the
adjustment of basic pay for members of the uniformed services.
Accordingly, the tables of allowances included in previous orders are
not included here.
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SCHEDULE 9--LOCALITY-BASED COMPARABILITY PAYMENTS
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2019)
Locality Pay Area*
Rate
Alaska .......................................................
28. 02%
Albany-Schenectady, NY-MA ....................................
16.50%
Albuquerque-Santa Fe-Las Vegas, NM ...........................
15.76%
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL ............
21.16%
Austin-Round Rock, TX ........................................
16.71%
Birmingham-Hoover-Talladega, AL ..............................
15.37%
Boston-Worcester-Providence, MA-RI-NH-ME .....................
27.48%
Buffalo-Cheektowaga, NY ......................................
19.18%
Burlington-South Burlington, VT ..............................
15.37%
Charlotte-Concord, NC-SC .....................................
16.21%
Chicago-Naperville, IL-IN-WI .................................
27.47%
cincinnati-Wilmington-Maysville, OH-KY-IN ....................
19.87%
Cleveland-Akron-Canton, OH ....................................
20.08%
Colorado Springs, CO .........................................
16. 59%
Columbus-Marion-Zanesville, OH ...............................
18.97%
Corpus Christi-Kingsville-Alice, TX .........................•
15.37%
Dallas-Fort Worth, TX-OK .....................................
23.40%
Davenport-Moline, IA-IL ......................................
16.08%
Dayton-Springfield-Sidney, OH .................................
18.11%
Denver-Aurora, CO ............................................
25.47%
Detroit-Warren-Ann Arbor, MI .................................
26.25%
Harrisburg-Lebanon, PA .......................................
16 .15%
Hartford-West Hartford, CT-MA ................................
28.21%
Hawaii .......................................................
18.43%
Houston-The Woodlands, TX ....................................
31.74%
Huntsville-Decatur-Albertville, AL ...........................
18.49%
Indianapolis-Carmel-Muncie, IN ...............................
16.23%
Kansas City-Overland Park-Kansas City, MO-KS .................
16.10%
Laredo, TX ...................................................
17.40%
Las Vegas-Henderson, NV-AZ ................•..................
16.49%
Los Angeles-Long Beach, CA .•.................................
30.57%
Miami-Fort Lauderdale-Port St. Lucie, FL .....................
22.64%
Milwaukee-Racine-Waukesha, WI ................................
20.14%
Minneapolis-St. Paul, MN-WI ..................................
23.37%
New York-Newark, NY-NJ-CT-PA .................................
32.13%
omaha-Council Bluffs-Fremont, NE-IA ..........................
15.37%
Palm Bay-Melbourne-Titusville, FL ............................
15.93%
Philadelphia-Reading-Camden, PA-NJ-DE-MD .....................
24.59%
Phoenix-Mesa-Scottsdale, AZ ..................................
19.09%
Pittsburgh-New Castle-Weirton, PA-OH-WV ......................
18.35%
Portland-Vancouver-Salem, OR-WA ..............................
22.53%
Raleigh-Durham-Chapel Hill, NC ...............................
19.52%
Richmond, VA .................................................
18.79%
Sacramento-Roseville, CA-NV ..................................
24.86%
San Antonio-New Braunfels-Pearsall, TX .......................
15.37%
San Diego-Carlsbad, CA ........................................
27.88%
San Jose-San Francisco-Oakland, CA ...........................
39.28%
Seattle-Tacoma, WA ...........................................
25.11%
St. Louis-St. Charles-Farmington, MO-IL ....•.................
16.47%
Tucson-Nogales, AZ ......................................
: . ... 16 .17%
Virginia Beach-Norfolk, VA-NC ................................
15.37%
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA ...............
28.22%
Rest of U.S ..................................................
15.37%
Locality Pay Areas are defined in 5 CFR 531.603.
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Billing code 7020–02–C
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SCHEDULE 10--ADMINISTRATIVE LAW JUDGES
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2019)
AL-3/A .......................................................
$109,600
AL-3/B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117,900
AL-3/C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126,400
AL-3/D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134,900
AL-3/E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143,500
AL-3/F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151,700
AL-2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160,100
AL-l ......................................................... 164,200
| Adjustments of Certain Rates of Pay | 2018-12-28T00:00:00 | 26d7d6819f02df359c9d551dc71922e1f4c0cde1856c040fcec7ad7d162190fc |
Presidential Executive Order | 2018-26156 (13851) | Presidential Documents
61505
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Executive Order 13851 of November 27, 2018
Blocking Property of Certain Persons Contributing to the Sit-
uation in Nicaragua
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, DONALD J. TRUMP, President of the United States of America, find
that the situation in Nicaragua, including the violent response by the Govern-
ment of Nicaragua to the protests that began on April 18, 2018, and the
Ortega regime’s systematic dismantling and undermining of democratic insti-
tutions and the rule of law, its use of indiscriminate violence and repressive
tactics against civilians, as well as its corruption leading to the destabilization
of Nicaragua’s economy, constitutes an unusual and extraordinary threat
to the national security and foreign policy of the United States, and I
hereby declare a national emergency to deal with that threat. I hereby
determine and 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 or attempted to engage in, any of the following:
(A) serious human rights abuse in Nicaragua;
(B) actions or policies that undermine democratic processes or institu-
tions in Nicaragua;
(C) actions or policies that threaten the peace, security, or stability
of Nicaragua;
(D) any transaction or series of transactions involving deceptive practices
or corruption by, on behalf of, or otherwise related to the Government
of Nicaragua or a current or former official of the Government of Nicaragua,
such as the misappropriation of public assets or expropriation of private
assets for personal gain or political purposes, corruption related to govern-
ment contracts, or bribery;
(ii) to be a leader or official of an entity that has, or whose members
have, engaged in any activity described in subsection (a)(i) of this section
or of an entity whose property and interests in property are blocked
pursuant to this order;
(iii) to be an official of the Government of Nicaragua or to have served
as an official of the Government of Nicaragua at any time on or after
January 10, 2007;
(iv) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services in support of:
(A) any activities described in subsection (a)(i) of this section; or
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(B) any person whose property and interests in property are blocked
pursuant to this order; or
(v) 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 prior to the
date of this order.
Sec. 2. The unrestricted immigrant and nonimmigrant entry into the United
States of aliens 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 where the Secretary of State
determines that the person’s entry is in the national interest of the United
States. Such persons shall be treated 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. 3. I hereby determine that the making of donations of the type 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,
and I hereby prohibit such donations as provided by section 1 of this
order.
Sec. 4. 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. 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 ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) 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; and
(d) the term ‘‘Government of Nicaragua’’ means the Government of Nica-
ragua, any political subdivision, agency, or instrumentality thereof, including
the Central Bank of Nicaragua, and any person owned or controlled by,
or acting for or on behalf of, the Government of Nicaragua.
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.
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Sec. 8. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including promulgating
rules and regulations, and to employ all powers granted to the President
by IEEPA as may be necessary to implement 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 of the United
States Government shall take all appropriate measures within their authority
to carry out the provisions of this order.
Sec. 9. The Secretary of the Treasury, in consultation with the Secretary
of State, 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. 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.
(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 27, 2018.
[FR Doc. 2018–26156
Filed 11–28–18; 11:15 am]
Billing code 3295–F9–P
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| Blocking Property of Certain Persons Contributing to the Situation in Nicaragua | 2018-11-27T00:00:00 | 5db3beb7cbbfc4ac3a971e621b6329cc3d03685247e2f6c11c6c3ddc11a8f15c |
Presidential Executive Order | 2018-20816 (13849) | Presidential Documents
48195
Federal Register
Vol. 83, No. 184
Friday, September 21, 2018
Title 3—
The President
Executive Order 13849 of September 20, 2018
Authorizing the Implementation of Certain Sanctions Set
Forth in the Countering America’s Adversaries Through
Sanctions Act
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.), the Countering America’s Adversaries
Through Sanctions Act (Public Law 115–44) (CAATSA), the Ukraine Freedom
Support Act of 2014 (Public Law 113–272), as amended (UFSA), 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, DONALD J. TRUMP, President of the United States of America, in order
to take additional steps with respect to the national emergencies declared
in Executive Order 13660 of March 6, 2014, as expanded in scope and
relied upon for additional steps taken in subsequent Executive Orders, and
Executive Order 13694 of April 1, 2015, as relied upon for additional steps
taken in Executive Order 13757 of December 28, 2016, hereby order:
Section 1. (a) When the President, or the Secretary of State or the Secretary
of the Treasury pursuant to authority delegated by the President and in
accordance with the terms of such delegation, has determined that sanctions
shall be imposed on a person pursuant to sections 224(a)(2), 231(a), 232(a),
or 233(a) of CAATSA and has selected from section 235 of CAATSA any
of the sanctions set forth below to impose on that person, the Secretary
of the Treasury, in consultation with the Secretary of State, shall take the
following actions where necessary to implement the sanctions selected and
maintained by the President, the Secretary of State, or the Secretary of
the Treasury:
(i) prohibit any United States financial institution from making loans
or providing credits to the sanctioned person totaling more than
$10,000,000 in any 12-month period, unless the person is engaged in
activities to relieve human suffering and the loans or credits are provided
for such activities;
(ii) 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;
(iii) prohibit any transfers of credit or payments between financial institu-
tions, or by, through, or to any financial institution, to the extent that
such transfers or payments are subject to the jurisdiction of the United
States and involve any interest of the sanctioned person;
(iv) 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;
(v) prohibit any United States person from investing in or purchasing
significant amounts of equity or debt instruments of the sanctioned person;
or
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(vi) impose on the principal executive officer or officers of the sanctioned
person, or on persons performing similar functions and with similar au-
thorities as such officer or officers, the sanctions described in subsections
(a)(i)–(a)(v) of this section, as selected by the President, the Secretary
of State, or the Secretary of the Treasury.
(b) The prohibitions in subsection (a)(iv) of this section include:
(i) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any sanctioned person whose property and
interests in property are blocked pursuant to this order; and
(ii) the receipt of any contribution or provision of funds, goods, or services
from any such sanctioned person.
(c) The prohibitions in 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. (a) When the President, or the Secretary of State or the Secretary
of the Treasury pursuant to authority delegated by the President and in
accordance with the terms of such delegation, has determined that sanctions
shall be imposed on a person pursuant to sections 224(a)(2), 231(a), 232(a),
or 233(a) of CAATSA and has selected from section 235 of CAATSA any
of the sanctions set forth below to impose on that person, the heads of
relevant departments and agencies, in consultation with the Secretary of
State and the Secretary of the Treasury, as appropriate, shall ensure that
the following actions are taken where necessary to implement the sanctions
selected and maintained by the President, the Secretary of State, or the
Secretary of the Treasury:
(i) The Export-Import Bank shall deny approval of the issuance of any
guarantee, insurance, extension of credit, or participation in an extension
of credit in connection with the export of any goods or services to the
sanctioned person;
(ii) Departments and agencies shall not issue any specific license or grant
any other specific permission or authority under any statute that requires
the prior review or approval of the United States Government as a condition
for the export or reexport of goods or technology to the sanctioned person;
(iii) The United States executive director of each international financial
institution shall use the voice and vote of the United States to oppose
any loan from the international financial institution that would benefit
the sanctioned person;
(iv) With respect to a sanctioned person that is a financial institution:
the Board of Governors of the Federal Reserve System and the Federal
Reserve Bank of New York shall not designate, or permit the continuation
of any prior designation of, the sanctioned person as a primary dealer
in United States Government debt instruments; and departments and agen-
cies shall prevent the sanctioned person from serving as an agent of
the United States Government or serving as a repository for United States
Government funds;
(v) Departments and agencies shall not procure, or enter into a contract
for the procurement of, any goods or services from the sanctioned person;
(vi) The Secretary of State shall deny a visa to, and the Secretary of
Homeland Security shall exclude from the United States, any alien that
the President, the Secretary of State, or the Secretary of the Treasury
determines is a corporate officer or principal of, or a shareholder with
a controlling interest in, the sanctioned person by treating the person
as 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); or
(vii) The heads of the relevant departments and agencies, as appropriate,
shall impose on the principal executive officer or officers of the sanctioned
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person, or on persons performing similar functions and with similar au-
thorities as such officer or officers, the sanctions described in subsections
(a)(i)–(a)(vi) of this section, as selected by the President, the Secretary
of State, or the Secretary of the Treasury.
(b) The prohibitions in 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. 3. (a) When the President, or the Secretary of State or the Secretary
of the Treasury pursuant to authority delegated by the President and in
accordance with the terms of such delegation, has determined that sanctions
shall be imposed on a person pursuant to section 224(a)(3) of CAATSA
or sections 4(a) or 4(b) of UFSA and has selected from section 4(c) of
UFSA any of the sanctions set forth below to impose on that person, the
Secretary of the Treasury, in consultation with the Secretary of State, shall
take the following actions where necessary to implement the sanctions se-
lected and maintained by the President, the Secretary of State, or the Sec-
retary of the Treasury:
(i) 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;
(ii) prohibit any transfers of credit or payments between financial institu-
tions, or by, through, or to any financial institution, to the extent that
such transfers or payments are subject to the jurisdiction of the United
States and involve any interest of the sanctioned person;
(iii) prohibit any United States person from transacting in, providing financ-
ing for, or otherwise dealing in certain debt or equity of the sanctioned
person, in accordance with section 4(c)(7) of UFSA; or
(iv) impose on the principal executive officer or officers of the sanctioned
person, or on persons performing similar functions and with similar au-
thorities as such officer or officers, the sanctions described in subsections
(a)(i)–(a)(iii) of this section, as selected by the President, the Secretary
of State, or the Secretary of the Treasury.
(b) The prohibitions in subsection (a)(i) of this section include:
(i) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any sanctioned person whose property and
interests in property are blocked pursuant to this order; and
(ii) the receipt of any contribution or provision of funds, goods, or services
from any such sanctioned person.
(c) The prohibitions in 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. 4. (a) When the President, or the Secretary of State or the Secretary
of the Treasury pursuant to authority delegated by the President and in
accordance with the terms of such delegation, has determined that sanctions
shall be imposed on a person pursuant to section 224(a)(3) of CAATSA
or sections 4(a) or 4(b) of UFSA and has selected from section 4(c) of
UFSA any of the sanctions set forth below to impose on that person, the
heads of relevant departments and agencies, in consultation with the Sec-
retary of State and the Secretary of the Treasury, as appropriate, shall ensure
that the following actions are taken where necessary to implement the sanc-
tions selected and maintained by the President, the Secretary of State, or
the Secretary of the Treasury:
(i) The Export-Import Bank shall deny approval of the issuance of any
guarantee, insurance, extension of credit, or participation in an extension
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of credit in connection with the export of any goods or services to the
sanctioned person;
(ii) Departments and agencies shall not procure, or enter into a contract
for the procurement of, any goods or services from the sanctioned person;
(iii) Departments and agencies shall prohibit the exportation, or provision
by sale, lease or loan, grant, or other means, directly or indirectly, of
any defense article or defense service to the sanctioned person and shall
not issue any license or other approval to the sanctioned person under
section 38 of the Arms Export Control Act (22 U.S.C. 2778);
(iv) Departments and agencies shall not issue any license, and shall suspend
any license, for the transfer to the sanctioned person of any item the
export of which is controlled under the Export Control Reform Act of
2018 (subtitle B of title XVII of Public Law 115–232), or the Export
Administration Regulations under subchapter C of chapter VII of title
15, Code of Federal Regulations;
(v) The Secretary of State shall deny a visa to, and the Secretary of
Homeland Security shall exclude from the United States, the sanctioned
person by treating the person as covered by section 1 of Proclamation
8693; or
(vi) The heads of the relevant departments and agencies, as appropriate,
shall impose on the principal executive officer or officers of the sanctioned
person, or on persons performing similar functions and with similar au-
thorities as such officer or officers, the sanctions described in subsections
(a)(i)–(a)(v) of this section, as selected by the President, the Secretary
of State, or the Secretary of the Treasury.
(b) The prohibitions in 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. 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, to the extent section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)) may apply, the making of donations of the types
of articles specified in such section by, to, or for the benefit of any sanctioned
person whose property and interests in property are blocked pursuant to
this order would seriously impair my ability to deal with the national
emergencies declared in Executive Orders 13660 and 13694, and I hereby
prohibit such donations as provided by sections 1(a)(iv) and 3(a)(i) of this
order.
Sec. 7. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) 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 within the United States;
(d) the term ‘‘financial institution’’ includes: (i) a depository institution
(as defined in section 3(c)(1) of the Federal Deposit Insurance Act (12
U.S.C. 1813(c)(1))), including a branch or agency of a foreign bank (as
defined in section 1(b)(7) of the International Banking Act of 1978 (12
U.S.C. 3101(7))); (ii) a credit union; (iii) a securities firm, including a broker
or dealer; (iv) an insurance company, including an agency or underwriter;
and (v) any other company that provides financial services;
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(e) the term ‘‘international financial institution’’ has the meaning given
that term in section 1701(c) of the International Financial Institutions Act
(22 U.S.C. 262r(c));
(f) the term ‘‘United States financial institution’’ means a financial institu-
tion (including its foreign branches) organized under the laws of the United
States or of any jurisdiction within the United States or located in the
United States; and
(g) the term ‘‘sanctioned person’’ means a person that the President, or
the Secretary of State or the Secretary of the Treasury pursuant to authority
delegated by the President and in accordance with the terms of such delega-
tion, has determined is a person on whom sanctions shall be imposed
pursuant to sections 224(a)(2), 224(a)(3), 231(a), 232(a), or 233(a) of CAATSA
or sections 4(a) or 4(b) of UFSA and on whom the President, the Secretary
of State, or the Secretary of the Treasury has imposed any of the sanctions
in section 235 of CAATSA or section 4(c) of UFSA.
Sec. 8. 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 with respect to such property or interests in property pursuant
to this order would render those measures ineffectual. I therefore determine
that for these measures to be effective in addressing the national emergencies
declared in Executive Orders 13660 and 13694, there need be no prior
notice of an action taken pursuant to this order with respect to such property
or interests in property.
Sec. 9. The unrestricted immigrant and nonimmigrant entry into the United
States of aliens on whom sanctions described in sections 1(a)(iv) or 3(a)(i)
of this order have been imposed 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. Such persons shall
be treated as persons covered by section 1 of Proclamation 8693.
Sec. 10. 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 sections 224(a)(2), 224(a)(3), 231(a), 231(e), 232(a), 233(a),
and 235 of CAATSA and sections 4(a)–(c) and 4(h) of UFSA with respect
to powers to impose sanctions, 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 Government shall take
all appropriate measures within their authority to carry out the provisions
of this order.
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.
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(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 20, 2018.
[FR Doc. 2018–20816
Filed 9–20–18; 2:00 pm]
Billing code 3295–F8–P
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| Authorizing the Implementation of Certain Sanctions Set Forth in the Countering America's Adversaries Through Sanctions Act | 2018-09-20T00:00:00 | d908597309d28adc2d4cc5b2c0d680dd311ba9359c6facd440a3e81c765de2df |
Presidential Executive Order | 2018-17068 (13846) | Presidential Documents
38939
Federal Register
Vol. 83, No. 152
Tuesday, August 7, 2018
Title 3—
The President
Executive Order 13846 of August 6, 2018
Reimposing Certain Sanctions With Respect to Iran
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 Iran Sanctions Act of 1996
(Public Law 104–172) (50 U.S.C. 1701 note), as amended (ISA), the Com-
prehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Pub-
lic Law 111–195) (22 U.S.C. 8501 et seq.), as amended (CISADA), the Iran
Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–
158) (TRA), the Iran Freedom and Counter-Proliferation Act of 2012 (subtitle
D of title XII of Public Law 112–239) (22 U.S.C. 8801 et seq.) (IFCA),
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, in order to take
additional steps with respect to the national emergency declared in Executive
Order 12957 of March 15, 1995,
I, DONALD J. TRUMP, President of the United States of America, in light
of my decision on May 8, 2018, to cease the participation of the United
States in the Joint Comprehensive Plan of Action of July 14, 2015 (JCPOA),
and to re-impose all sanctions lifted or waived in connection with the
JCPOA as expeditiously as possible and in no case later than 180 days
from May 8, 2018, as outlined in the National Security Presidential Memo-
randum–11 of May 8, 2018 (Ceasing United States Participation in the Joint
Comprehensive Plan of Action and Taking Additional Action to Counter
Iran’s Malign Influence and Deny Iran All Paths to a Nuclear Weapon),
and to advance the goal of applying financial pressure on the Iranian regime
in pursuit of a comprehensive and lasting solution to the full range of
the threats posed by Iran, including Iran’s proliferation and development
of missiles and other asymmetric and conventional weapons capabilities,
its network and campaign of regional aggression, its support for terrorist
groups, and the malign activities of the Islamic Revolutionary Guard Corps
and its surrogates, hereby order as follows:
Section 1. Blocking Sanctions Relating to Support for the Government of
Iran’s Purchase or Acquisition of U.S. Bank Notes or Precious Metals; Certain
Iranian Persons; and Iran’s Energy, Shipping, and Shipbuilding Sectors and
Port Operators. (a) The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to impose on a person the measures
described in subsection (b) of this section upon determining that:
(i) on or after August 7, 2018, the person has materially assisted, sponsored,
or provided financial, material, or technological support for, or goods
or services in support of, the purchase or acquisition of U.S. bank notes
or precious metals by the Government of Iran;
(ii) on or after November 5, 2018, the person has materially assisted,
sponsored, or provided financial, material, or technological support for,
or goods or services in support of, the National Iranian Oil Company
(NIOC), Naftiran Intertrade Company (NICO), or the Central Bank of Iran;
(iii) on or after November 5, 2018, the person has materially assisted,
sponsored, or provided financial, material, or technological support for,
or goods or services to or in support of:
(A) any Iranian person included on the list of Specially Designated
Nationals and Blocked Persons maintained by the Office of Foreign Assets
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Control (SDN List) (other than an Iranian depository institution whose
property and interests in property are blocked solely pursuant to Executive
Order 13599 of February 5, 2012); or
(B) any other person included on the SDN List whose property and
interests in property are blocked pursuant to subsection (a) of this section
or Executive Order 13599 (other than an Iranian depository institution
whose property and interests in property are blocked solely pursuant
to Executive Order 13599); or
(iv) pursuant to authority delegated by the President and in accordance
with the terms of such delegation, sanctions shall be imposed on such
person pursuant to section 1244(c)(1)(A) of IFCA because the person:
(A) is part of the energy, shipping, or shipbuilding sectors of Iran;
(B) operates a port in Iran; or
(C) knowingly provides significant financial, material, technological, or
other support to, or goods or services in support of any activity or trans-
action on behalf of a person determined under section 1244(c)(2)(A) of
IFCA to be a part of the energy, shipping, or shipbuilding sectors of
Iran; a person determined under section 1244(c)(2)(B) of IFCA to operate
a port in Iran; or an Iranian person included on the SDN List (other
than a person described in section 1244(c)(3) of IFCA).
(b) With respect to any person determined by the Secretary of the Treasury
in accordance with this section to meet any of the criteria set forth in
subsections (a)(i)–(a)(iv) of this section, 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 such person are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in.
(c) The prohibitions in subsection (b) 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
effective date of this order or, where specifically provided, the effective
date of the prohibition.
Sec. 2. Correspondent and Payable-Through Account Sanctions Relating to
Iran’s Automotive Sector; Certain Iranian Persons; and Trade in Iranian
Petroleum, Petroleum Products, and Petrochemical Products. (a) The Sec-
retary of the Treasury, in consultation with the Secretary of State, is hereby
authorized to impose on a foreign financial institution the sanctions described
in subsection (b) of this section upon determining that the foreign financial
institution has knowingly conducted or facilitated any significant financial
transaction:
(i) on or after August 7, 2018, for the sale, supply, or transfer to Iran
of significant goods or services used in connection with the automotive
sector of Iran;
(ii) on or after November 5, 2018, on behalf of any Iranian person included
on the SDN List (other than an Iranian depository institution whose prop-
erty and interests in property are blocked solely pursuant to Executive
Order 13599) or any other person included on the SDN List whose property
and interests in property are blocked pursuant to subsection 1(a) of this
order or Executive Order 13599 (other than an Iranian depository institution
whose property and interests in property are blocked solely pursuant
to Executive Order 13599);
(iii) on or after November 5, 2018, with NIOC or NICO, except for a
sale or provision to NIOC or NICO of the products described in section
5(a)(3)(A)(i) of ISA provided that the fair market value of such products
is lower than the applicable dollar threshold specified in that provision;
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(iv) on or after November 5, 2018, for the purchase, acquisition, sale,
transport, or marketing of petroleum or petroleum products from Iran;
or
(v) on or after November 5, 2018, for the purchase, acquisition, sale,
transport, or marketing of petrochemical products from Iran.
(b) With respect to any foreign financial institution determined by the
Secretary of the Treasury in accordance with this section to meet any of
the criteria set forth in subsections (a)(i)–(a)(v) of this section, the Secretary
of the Treasury may prohibit the opening, and prohibit or impose strict
conditions on the maintaining, in the United States of a correspondent
account or a payable-through account by such foreign financial institution.
(c) Subsections (a)(ii)–(a)(iv) of this section shall apply with respect to
a significant financial transaction conducted or facilitated by a foreign finan-
cial institution for the purchase of petroleum or petroleum products from
Iran only if:
(i) the President determines under subparagraphs (4)(B) and (C) of sub-
section 1245(d) of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112–81) (2012 NDAA) (22 U.S.C. 8513a) that there
is a sufficient supply of petroleum and petroleum products from countries
other than Iran to permit a significant reduction in the volume of petroleum
and petroleum products purchased from Iran by or through foreign financial
institutions; and
(ii) an exception under subparagraph 4(D) of subsection 1245(d) of the
2012 NDAA from the imposition of sanctions under paragraph (1) of
that subsection does not apply.
(d) Subsection (a)(ii) of this section shall not apply with respect to a
significant financial transaction conducted or facilitated by a foreign financial
institution for the sale, supply, or transfer to or from Iran of natural gas
only if the financial transaction is solely for trade between the country
with primary jurisdiction over the foreign financial institution and Iran,
and any funds owed to Iran as a result of such trade are credited to an
account located in the country with primary jurisdiction over the foreign
financial institution.
(e) Subsections (a)(ii)–(a)(v) of this section shall not apply with respect
to any person for conducting or facilitating a transaction for the provision
(including any sale) of agricultural commodities, food, medicine, or medical
devices to Iran.
(f) The prohibitions in subsection (b) 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
effective date of this order or, where specifically provided, the effective
date of the prohibition.
Sec. 3. ‘‘Menu-based’’ Sanctions Relating to Iran’s Automotive Sector and
Trade in Iranian Petroleum, Petroleum Products, and Petrochemical Products.
(a) The Secretary of State, in consultation with the Secretary of the Treasury,
the Secretary of Commerce, the Secretary of Homeland Security, and the
United States Trade Representative, and with the President of the Export-
Import Bank, the Chairman of the Board of Governors of the Federal Reserve
System, and other agencies and officials as appropriate, is hereby authorized
to impose on a person any of the sanctions described in section 4 or
5 of this order upon determining that the person:
(i) on or after August 7, 2018, knowingly engaged in a significant trans-
action for the sale, supply, or transfer to Iran of significant goods or
services used in connection with the automotive sector of Iran;
(ii) on or after November 5, 2018, knowingly engaged in a significant
transaction for the purchase, acquisition, sale, transport, or marketing of
petroleum or petroleum products from Iran;
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(iii) on or after November 5, 2018, knowingly engaged in a significant
transaction for the purchase, acquisition, sale, transport, or marketing of
petrochemical products from Iran;
(iv) is a successor entity to a person determined by the Secretary of
State in accordance with this section to meet any of the criteria set
forth in subsections (a)(i)–(a)(iii) of this section;
(v) owns or controls a person determined by the Secretary of State in
accordance with this section to meet any of the criteria set forth in
subsections (a)(i)–(a)(iii) of this section, and had knowledge that the person
engaged in the activities referred to in those subsections; or
(vi) is owned or controlled by, or under common ownership or control
with, a person determined by the Secretary of State in accordance with
this section to meet any of the criteria set forth in subsections (a)(i)–
(a)(iii) of this section, and knowingly participated in the activities referred
to in those subsections.
(b) Subsection (a)(ii) of this section shall apply with respect to a person
only if:
(i) the President determines under subparagraphs (4)(B) and (C) of sub-
section 1245(d) of the 2012 NDAA that there is a sufficient supply of
petroleum and petroleum products from countries other than Iran to permit
a significant reduction in the volume of petroleum and petroleum products
purchased from Iran by or through foreign financial institutions; and
(ii) an exception under subparagraph 4(D) of subsection 1245(d) of the
2012 NDAA from the imposition of sanctions under paragraph (1) of
that subsection does not apply.
Sec. 4. Agency Implementation Authorities for ‘‘Menu-based’’ Sanctions.
When the Secretary of State, in accordance with the terms of section 3
of this order, has determined that a person meets any of the criteria described
in subsections (a)(i)–(a)(vi) of that section and has selected any of the sanc-
tions set forth below to impose on that person, the heads of relevant agencies,
in consultation with the Secretary of State, as appropriate, shall take the
following actions where necessary to implement the sanctions imposed by
the Secretary of State:
(a) the Board of Directors of the Export-Import Bank of the United States
shall deny approval of the issuance of any guarantee, insurance, extension
of credit, or participation in an extension of credit in connection with
the export of any goods or services to the sanctioned person;
(b) agencies shall not issue any specific license or grant any other specific
permission or authority under any statute or regulation that requires 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;
(c) with respect to a sanctioned person that is a financial institution:
(i) the Chairman of the Board of Governors of the Federal Reserve System
and the President of the Federal Reserve Bank of New York shall take
such actions as they deem appropriate, including denying designation,
or terminating the continuation of any prior designation of, the sanctioned
person as a primary dealer in United States Government debt instruments;
or
(ii) agencies shall prevent the sanctioned person from serving as an agent
of the United States Government or serving as a repository for United
States Government funds;
(d) agencies shall not procure, or enter into a contract for the procurement
of, any goods or services from the sanctioned person;
(e) the Secretary of State shall deny a visa to, and the Secretary of Homeland
Security shall exclude from the United States, any alien that the Secretary
of State determines is a corporate officer or principal of, or a shareholder
with a controlling interest in, a sanctioned person; or
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(f) the heads of the relevant agencies, as appropriate, shall impose on
the principal executive officer or officers, or persons performing similar
functions and with similar authorities, of a sanctioned person the sanctions
described in subsections (a)–(e) of this section, as selected by the Secretary
of State.
(g) The prohibitions in subsections (a)–(f) 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
effective date of this order or, where specifically provided, the effective
date of the prohibition.
Sec. 5. Additional Implementation Authorities for ‘‘Menu-based’’ Sanctions.
(a) When the President, or the Secretary of State or the Secretary of the
Treasury pursuant to authority delegated by the President and in accordance
with the terms of such delegation, has determined that sanctions described
in section 6(a) of ISA shall be imposed on a person pursuant to ISA,
CISADA, TRA, or IFCA and has selected one or more of the sanctions
set forth below to impose on that person or when the Secretary of State,
in accordance with the terms of section 3 of this order, has determined
that a person meets any of the criteria described in subsections (a)(i)–
(a)(vi) of that section and has selected one or more of the sanctions set
forth below to impose on that person, the Secretary of the Treasury, in
consultation with the Secretary of State, shall take the following actions
where necessary to implement the sanctions selected and maintained by
the President, the Secretary of State, or the Secretary of the Treasury:
(i) prohibit any United States financial institution from making loans
or providing credits to the sanctioned person totaling more than
$10,000,000 in any 12-month period, unless such person is engaged in
activities to relieve human suffering and the loans or credits are provided
for such activities;
(ii) 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;
(iii) prohibit any transfers of credit or payments between financial institu-
tions or by, through, or to any financial institution, to the extent that
such transfers or payments are subject to the jurisdiction of the United
States and involve any interest of the sanctioned person;
(iv) block 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 sanctioned person, and provide that such property and interests in
property may not be transferred, paid, exported, withdrawn, or otherwise
dealt in;
(v) prohibit any United States person from investing in or purchasing
significant amounts of equity or debt instruments of a sanctioned person;
(vi) restrict or prohibit imports of goods, technology, or services, directly
or indirectly, into the United States from the sanctioned person; or
(vii) impose on the principal executive officer or officers, or persons
performing similar functions and with similar authorities, of a sanctioned
person the sanctions described in subsections (a)(i)–(a)(vi) of this section,
as selected by the President or Secretary of State or the Secretary of
the Treasury, as appropriate.
(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 prior to the
effective date of this order or, where specifically provided, the effective
date of the prohibition.
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Sec. 6. Sanctions Relating to the Iranian Rial. (a) The Secretary of the
Treasury, in consultation with the Secretary of State, is hereby authorized
to impose on a foreign financial institution the sanctions described in sub-
section (b) of this section upon determining that the foreign financial institu-
tion has, on or after August 7, 2018:
(i) knowingly conducted or facilitated any significant transaction related
to the purchase or sale of Iranian rials or a derivative, swap, future,
forward, or other similar contract whose value is based on the exchange
rate of the Iranian rial; or
(ii) maintained significant funds or accounts outside the territory of Iran
denominated in the Iranian rial.
(b) With respect to any foreign financial institution determined by the
Secretary of the Treasury in accordance with this section to meet the criteria
set forth in subsection (a)(i) or (a)(ii) of this section, the Secretary of the
Treasury may:
(i) prohibit the opening, and prohibit or impose strict conditions on the
maintaining, in the United States of a correspondent account or a payable-
through account by such foreign financial institution; or
(ii) block 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
such foreign financial institution, and provide that such property and
interests in property may not be transferred, paid, exported, withdrawn,
or otherwise dealt in.
(c) The prohibitions in subsection (b) 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
effective date of this order or, where specifically provided, the effective
date of the prohibition.
Sec. 7. Sanctions with Respect to the Diversion of Goods Intended for the
People of Iran, the Transfer of Goods or Technologies to Iran that are
Likely to be Used to Commit Human Rights Abuses, and Censorship. (a)
The Secretary of the Treasury, in consultation with or at the recommendation
of the Secretary of State, is hereby authorized to impose on a person the
measures described in subsection (b) of this section upon determining that
the person:
(i) has engaged, on or after January 2, 2013, in corruption or other activities
relating to the diversion of goods, including agricultural commodities,
food, medicine, and medical devices, intended for the people of Iran;
(ii) has engaged, on or after January 2, 2013, in corruption or other activities
relating to the misappropriation of proceeds from the sale or resale of
goods described in subsection (a)(i) of this section;
(iii) has knowingly, on or after August 10, 2012, transferred, or facilitated
the transfer of, goods or technologies to Iran, any entity organized under
the laws of Iran or otherwise subject to the jurisdiction of the Government
of Iran, or any national of Iran, for use in or with respect to Iran, that
are likely to be used by the Government of Iran or any of its agencies
or instrumentalities, or by any other person on behalf of the Government
of Iran or any of such agencies or instrumentalities, to commit serious
human rights abuses against the people of Iran;
(iv) has knowingly, on or after August 10, 2012, provided services, includ-
ing services relating to hardware, software, or specialized information
or professional consulting, engineering, or support services, with respect
to goods or technologies that have been transferred to Iran and that are
likely to be used by the Government of Iran or any of its agencies or
instrumentalities, or by any other person on behalf of the Government
of Iran or any of such agencies or instrumentalities, to commit serious
human rights abuses against the people of Iran;
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(v) has engaged in censorship or other activities with respect to Iran
on or after June 12, 2009, that prohibit, limit, or penalize the exercise
of freedom of expression or assembly by citizens of Iran, or that limit
access to print or broadcast media, including the facilitation or support
of intentional frequency manipulation by the Government of Iran or an
entity owned or controlled by the Government of Iran that would jam
or restrict an international signal;
(vi) has materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of,
the activities described in subsections (a)(i)–(a)(v) of this section or any
person whose property and interests in property are blocked pursuant
to this section; or
(vii) is owned or controlled by, or has 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 section.
(b) With respect to any person determined by the Secretary of the Treasury
in accordance with this section to meet any of the criteria set forth in
subsections (a)(i)–(a)(vii) of this section, 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 such person are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in.
(c) The prohibitions in subsection (b) 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
effective date of this order or, where specifically provided, the effective
date of the prohibition.
Sec. 8. Entities Owned or Controlled by a United States Person and Estab-
lished or Maintained Outside the United States. (a) No entity owned or
controlled by a United States person and established or maintained outside
the United States may knowingly engage in any transaction, directly or
indirectly, with the Government of Iran or any person subject to the jurisdic-
tion of the Government of Iran, if that transaction would be prohibited
by Executive Order 12957, Executive Order 12959 of May 6, 1995, Executive
Order 13059 of August 19, 1997, Executive Order 13599, or sections 1
or 15 of this order, or any regulation issued pursuant to the foregoing,
if the transaction were engaged in by a United States person or in the
United States.
(b) Penalties assessed for violations of the prohibition in subsection (a)
of this section, and any related violations of section 15 of this order may
be assessed against the United States person that owns or controls the
entity that engaged in the prohibited transaction.
(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
effective date of this order or, where specifically provided, the effective
date of the prohibition, except to the extent provided in subsection 20(c)
of this order.
Sec. 9. Revoking and Superseding Prior Executive Orders. The following
Executive Orders are revoked and superseded:
(a) Executive Order 13628 of October 9, 2012 (Authorizing the Implementa-
tion of Certain Sanctions Set Forth in the Iran Threat Reduction and Syria
Human Rights Act of 2012 and Additional Sanctions With Respect to Iran);
and
(b) Executive Order 13716 of January 16, 2016 (Revocation of Executive
Orders 13574, 13590, 13622, and 13645 With Respect to Iran, Amendment
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of Executive Order 13628 With Respect to Iran, and Provision of Implementa-
tion Authorities for Aspects of Certain Statutory Sanctions Outside the Scope
of U.S. Commitments Under the Joint Comprehensive Plan of Action of
July 14, 2015).
Sec. 10. Natural Gas Project Exception. Subsections 1(a), 2(a)(ii)–(a)(v),
3(a)(ii)–(a)(iii), and, with respect to a person determined by the Secretary
of State in accordance with section 3 to meet the criteria of 3(a)(ii)–(iii),
3(a)(iv)–(vi) of this order shall not apply with respect to any person for
conducting or facilitating a transaction involving a project described in
subsection (a) of section 603 of TRA to which the exception under that
section applies.
Sec. 11. Donations. I hereby determine that, to the extent section 203(b)(2)
of IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making of donations of
the types of articles specified in such section 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 12957, and I hereby prohibit such
donations as provided by subsections 1(b), 5(a)(iv), 6(b)(ii), and 7(b) of
this order.
Sec. 12. Prohibitions. The prohibitions in subsections 1(b), 5(a)(iv), 6(b)(ii),
and 7(b) 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. 13. Entry into the United States. The unrestricted immigrant and non-
immigrant entry into the United States of aliens determined to meet one
or more of the criteria in subsections 1(a), 3(a), and 7(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. Such persons shall be treated 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 Inter-
national Emergency Economic Powers Act Sanctions).
Sec. 14. General Authorities. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to take such actions, includ-
ing adopting rules and regulations, to employ all powers granted to me
by IEEPA and sections 6(a)(6), 6(a)(7), 6(a)(8), 6(a)(9), 6(a)(11), and 6(a)(12)
of ISA, and to employ all powers granted to the United States Government
by section 6(a)(3) of ISA, as may be necessary to carry out the purposes
of this order, other than the purposes described in sections 3, 4, and 13
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 of the United States shall take all appropriate measures within
their authority to implement this order.
Sec. 15. Evasion and Conspiracy. (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 prohibitions set forth in this order or in Executive
Order 12957, Executive Order 12959, Executive Order 13059, or Executive
Order 13599 is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order or in Executive Order 12957, Executive Order 12959, Executive
Order 13059, or Executive Order 13599 is prohibited.
Sec. 16. Definitions. For the purposes of this order:
(a) the term ‘‘automotive sector of Iran’’ means the manufacturing or
assembling in Iran of light and heavy vehicles including passenger cars,
trucks, buses, minibuses, pick-up trucks, and motorcycles, as well as original
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equipment manufacturing and after-market parts manufacturing relating to
such vehicles;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term ‘‘financial institution’’ includes (i) a depository institution
(as defined in section 3(c)(1) of the Federal Deposit Insurance Act) (12
U.S.C. 1813(c)(1)), including a branch or agency of a foreign bank (as defined
in section 1(b)(7) of the International Banking Act of 1978) (12 U.S.C.
3101(7)); (ii) a credit union; (iii) a securities firm, including a broker or
dealer; (iv) an insurance company, including an agency or underwriter;
and (v) any other company that provides financial services;
(d) the term ‘‘foreign financial institution’’ means any foreign entity that
is engaged in the business of accepting deposits, making, granting, transfer-
ring, holding, or brokering loans or credits, or purchasing or selling foreign
exchange, securities, commodity futures or options, or procuring purchasers
and sellers thereof, as principal or agent. It includes, but is not limited
to, depository institutions, banks, savings banks, money service businesses,
trust companies, securities brokers and dealers, commodity futures and op-
tions brokers and dealers, forward contract and foreign exchange merchants,
securities and commodities exchanges, clearing corporations, investment
companies, employee benefit plans, dealers in precious metals, stones, or
jewels, and holding companies, affiliates, or subsidiaries of any of the fore-
going. The term does not include the international financial institutions
identified in 22 U.S.C. 262r(c)(2), the International Fund for Agricultural
Development, the North American Development Bank, or any other inter-
national financial institution so notified by the Secretary of the Treasury;
(e) the term ‘‘Government of Iran’’ includes the Government of Iran, any
political subdivision, agency, or instrumentality thereof, including the Central
Bank of Iran, and any person owned or controlled by, or acting for or
on behalf of, the Government of Iran;
(f) the term ‘‘Iran’’ means the Government of Iran and the territory of
Iran and any other territory or marine area, including the exclusive economic
zone and continental shelf, over which the Government of Iran claims sov-
ereignty, sovereign rights, or jurisdiction, provided that the Government
of Iran exercises partial or total de facto control over the area or derives
a benefit from economic activity in the area pursuant to international arrange-
ments;
(g) the term ‘‘Iranian depository institution’’ means any entity (including
foreign branches), wherever located, organized under the laws of Iran or
any jurisdiction within Iran, or owned or controlled by the Government
of Iran, or in Iran, or owned or controlled by any of the foregoing, that
is engaged primarily in the business of banking (for example, banks, savings
banks, savings associations, credit unions, trust companies, and bank holding
companies);
(h) the term ‘‘Iranian person’’ means an individual who is a citizen or
national of Iran or an entity organized under the laws of Iran or otherwise
subject to the jurisdiction of the Government of Iran;
(i) the terms ‘‘knowledge’’ and ‘‘knowingly,’’ with respect to conduct,
a circumstance, or a result, mean that a person has actual knowledge, or
should have known, of the conduct, the circumstance, or the result;
(j) the terms ‘‘Naftiran Intertrade Company’’ and ‘‘NICO’’ mean the Naftiran
Intertrade Company Ltd. and any entity owned or controlled by, or operating
for or on behalf of, the Naftiran Intertrade Company Ltd.;
(k) the terms ‘‘National Iranian Oil Company’’ and ‘‘NIOC’’ mean the
National Iranian Oil Company and any entity owned or controlled by, or
operating for or on behalf of, the National Iranian Oil Company;
(l) the term ‘‘person’’ means an individual or entity;
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(m) the term ‘‘petrochemical products’’ includes any aromatic, olefin, and
synthesis gas, and any of their derivatives, including ethylene, propylene,
butadiene, benzene, toluene, xylene, ammonia, methanol, and urea;
(n) the term ‘‘petroleum’’ (also known as crude oil) means a mixture
of hydrocarbons that exists in liquid phase in natural underground reservoirs
and remains liquid at atmospheric pressure after passing through surface
separating facilities;
(o) the term ‘‘petroleum products’’ includes unfinished oils, liquefied petro-
leum gases, pentanes plus, aviation gasoline, motor gasoline, naphtha-type
jet fuel, kerosene-type jet fuel, kerosene, distillate fuel oil, residual fuel
oil, petrochemical feedstocks, special naphthas, lubricants, waxes, petroleum
coke, asphalt, road oil, still gas, and miscellaneous products obtained from
the processing of: crude oil (including lease condensate), natural gas, and
other hydrocarbon compounds. The term does not include natural gas, lique-
fied natural gas, biofuels, methanol, and other non-petroleum fuels;
(p) the term ‘‘sanctioned person’’ means a person that the President,
or the Secretary of State or the Secretary of the Treasury pursuant to authority
delegated by the President and in accordance with the terms of such delega-
tion, has determined is a person on whom sanctions described in section
6(a) of ISA shall be imposed pursuant to ISA, CISADA, TRA, or IFCA,
and on whom the President, the Secretary of State, or the Secretary of
the Treasury has imposed any of the sanctions in section 6(a) of ISA or
a person on whom the Secretary of State, in accordance with the terms
of section 3 of this order, has decided to impose sanctions pursuant to
section 3 of this order;
(q) the term ‘‘subject to the jurisdiction of the Government of Iran’’ means
a person organized under the laws of Iran or any jurisdiction within Iran,
ordinarily resident in Iran, or in Iran, or owned or controlled by any of
the foregoing;
(r) the term ‘‘United States financial institution’’ means a financial institu-
tion as defined in subsection (c) of this section (including its foreign branches)
organized under the laws of the United States or any jurisdiction within
the United States or located in the United States; and
(s) 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. 17. Notice. 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 12957, there need be
no prior notice of a listing or determination made pursuant to subsections
1(b), 5(a)(iv), 6(b)(ii), and 7(b) of this order.
Sec. 18. Delegation to Implement Section 104A of CISADA. The Secretary
of the Treasury, in consultation with the Secretary of State, is hereby author-
ized to take such actions, including adopting rules and regulations, and
to employ all powers granted to me by IEEPA, as may be necessary to
carry out section 104A of CISADA (22 U.S.C. 8513b). The Secretary of
the Treasury may, consistent with applicable law, redelegate any of these
functions within the Department of the Treasury.
Sec. 19. Rights. 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.
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Sec. 20. Effect on Actions or Proceedings, Blocked Property, and Regulations,
Orders, Directives, and Licenses. (a) Pursuant to section 202 of the NEA
(50 U.S.C. 1622), the revocation of Executive Orders 13716 and 13628 as
set forth in section 9 of this order, shall not affect any action taken or
proceeding pending not finally concluded or determined as of the effective
date of this order, or any action or proceeding based on any act committed
prior to the effective date of this order, or any rights or duties that matured
or penalties that were incurred prior to the effective date of this order.
(b) Except to the extent provided in statutes or regulations, orders, direc-
tives, or licenses that may be issued pursuant to this order, and notwith-
standing any contract entered into or any license or permit granted prior
to the effective date of this order, the following are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise dealt in: all property
and interests in property that were blocked pursuant to Executive Order
13628 and remained blocked immediately prior to the effective date of
this order.
(c) Except to the extent provided in regulations, orders, directives, or
licenses that may be issued pursuant to this order, all regulations, orders,
directives, or licenses that were issued pursuant to Executive Order 13628
and remained in effect immediately prior to the effective date of this order
are hereby authorized to remain in effect—subject to their existing terms
and conditions—pursuant to this order, which continues in effect certain
sanctions set forth in Executive Order 13628.
Sec. 21. Relationship to Algiers Accords. The measures taken pursuant to
this order are in response to actions of the Government of Iran occurring
after the conclusion of the 1981 Algiers Accords, and are intended solely
as a response to those later actions.
Sec. 22. Effective Date. This order is effective 12:01 a.m. eastern daylight
time on August 7, 2018.
THE WHITE HOUSE,
August 6, 2018.
[FR Doc. 2018–17068
Filed 8–6–18; 2:00 pm]
Billing code 3295–F8–P
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| Reimposing Certain Sanctions With Respect to Iran | 2018-08-06T00:00:00 | 85deed83cfb0943e4db3903903122c07d526b7155c6bab90b21a90b6c00844c8 |
Presidential Executive Order | 2018-19514 (13847) | Presidential Documents
45321
Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Presidential Documents
Executive Order 13847 of August 31, 2018
Strengthening Retirement Security in America
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 shall be the policy of the Federal Government to expand
access to workplace retirement plans for American workers. According to
the Bureau of Labor Statistics, 23 percent of all private-sector, full-time
workers lack access to a workplace retirement plan. That percentage increases
to 34 percent when part-time workers are taken into account. Small busi-
nesses are less likely to offer retirement benefits. In 2017, approximately
89 percent of workers at private-sector establishments with 500 or more
workers were offered a retirement plan compared to only 53 percent for
workers at private-sector establishments with fewer than 100 workers. En-
hancing workplace retirement plan coverage is critical to ensuring that Amer-
ican workers will be financially prepared to retire.
Regulatory burdens and complexity can be costly and discourage employers,
especially small businesses, from offering workplace retirement plans to
their employees. Businesses are sensitive to the overall expense of setting
up such plans. A recent survey by the Pew Charitable Trusts found that
71 percent of small- and medium-sized businesses that do not offer retirement
plans were deterred from doing so by high costs; 37 percent cited high
costs as their main reason for not offering such a plan. Federal agencies
should revise or eliminate rules and regulations that impose unnecessary
costs and burdens on businesses, especially small businesses, and that hinder
formation of workplace retirement plans.
Expanding access to multiple employer plans (MEPs), under which employ-
ees of different private-sector employers may participate in a single retirement
plan, is an efficient way to reduce administrative costs of retirement plan
establishment and maintenance and would encourage more plan formation
and broader availability of workplace retirement plans, especially among
small employers.
Similarly, reducing the number and complexity of employee benefit plan
notices and disclosures currently required would ease regulatory burdens.
The costs and potential liabilities for employers and plan fiduciaries of
complying with existing disclosure requirements may discourage plan forma-
tion or maintenance. Improving the effectiveness of required notices and
disclosures and reducing their cost to employers promote retirement security
by expanding access to workplace retirement plans.
Outdated distribution mandates may also reduce plan effectiveness by forcing
retirees to make excessively large withdrawals from their accounts—poten-
tially leaving them with insufficient savings in their later years.
In light of the foregoing it shall, therefore, be the policy of the Federal
Government to address these problems and promote retirement security for
America’s workers.
Sec. 2. Improving Retirement Security. (a) Expanding access to Multiple
Employer Plans and Other Retirement Plan Options.
(i) The Secretary of Labor shall examine policies that would:
(1) clarify and expand the circumstances under which United States
employers, especially small and mid-sized businesses, may sponsor or
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adopt a MEP as a workplace retirement option for their employees, subject
to appropriate safeguards; and
(2) increase retirement security for part-time workers, sole proprietors,
working owners, and other entrepreneurial workers with non-traditional
employer-employee relationships by expanding their access to workplace
retirement plans, including MEPs.
(ii) Within 180 days of the date of this order, the Secretary of Labor
shall consider, consistent with applicable law and the policy set forth
in section 1 of this order, whether to issue a notice of proposed rulemaking,
other guidance, or both, that would clarify when a group or association
of employers or other appropriate business or organization could be an
‘‘employer’’ within the meaning of section 3(5) of the Employee Retirement
Income Security Act of 1974 (ERISA), 29 U.S.C. 1002(5).
(b) Qualification Requirements for Multiple Employer Plans. Within 180
days of the date of this order, the Secretary of the Treasury shall consider
proposing amendments to regulations or other guidance, consistent with
applicable law and the policy set forth in section 1 of this order, regarding
the circumstances under which a MEP may satisfy the tax qualification
requirements set forth in the Internal Revenue Code of 1986, including
the consequences if one or more employers that sponsored or adopted the
plan fails to take one or more actions necessary to meet those requirements.
The Secretary of the Treasury shall consult with the Secretary of Labor
in advance of issuing any such proposed guidance, and the Secretary of
Labor shall take steps to facilitate the implementation of any guidance,
as appropriate and consistent with applicable law.
(c) Improving the Effectiveness of and Reducing the Cost of Furnishing
Required Notices and Disclosures. Within 1 year of the date of this order,
the Secretary of Labor shall, in consultation with the Secretary of the Treas-
ury, complete a review of actions that could be taken through regulation
or guidance, or both, to make retirement plan disclosures required under
ERISA and the Internal Revenue Code of 1986 more understandable and
useful for participants and beneficiaries, while also reducing the costs and
burdens they impose on employers and other plan fiduciaries responsible
for their production and distribution. This review shall include an explo-
ration of the potential for broader use of electronic delivery as a way to
improve the effectiveness of disclosures and to reduce their associated costs
and burdens. If the Secretary of Labor finds that action should be taken,
the Secretary shall, in consultation with the Secretary of the Treasury, con-
sider proposing appropriate regulations or guidance, consistent with applica-
ble law and the policy set forth in section 1 of this order.
(d) Updating Life Expectancy and Distribution Period Tables for Purposes
of Required Minimum Distribution Rules. Within 180 days of the date of
this order, the Secretary of the Treasury shall, consistent with applicable
law and the policy set forth in section 1 of this order, examine the life
expectancy and distribution period tables in the regulations on required
minimum distributions from retirement plans (67 Fed. Reg. 18988) and
determine whether they should be updated to reflect current mortality data
and whether such updates should be made annually or on another periodic
basis.
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.
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(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 31, 2018.
[FR Doc. 2018–19514
Filed 9–5–18; 11:15 am]
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| Strengthening Retirement Security in America | 2018-08-31T00:00:00 | cf6c63eb01fe6c556188e5773b99ca3b4d190c27bf1fc3df9c978af467cd1f49 |
Presidential Executive Order | 2018-15299 (13844) | Presidential Documents
33115
Federal Register
Vol. 83, No. 136
Monday, July 16, 2018
Title 3—
The President
Executive Order 13844 of July 11, 2018
Establishment of the Task Force on Market Integrity and
Consumer Fraud
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to strengthen the efforts
of the Department of Justice and Federal, State, local, and tribal agencies
to investigate and prosecute crimes of fraud committed against the U.S.
Government or the American people, recover the proceeds of such crimes,
and ensure just and effective punishment of those who perpetrate crimes
of fraud, it is hereby ordered as follows:
Section 1. Establishment. The Attorney General shall establish within the
Department of Justice a Task Force on Market Integrity and Consumer Fraud
(Task Force).
Sec. 2. Membership and Operation. (a) The Task Force shall include the
following members:
(i) the Deputy Attorney General, who shall serve as the Chair;
(ii) the Associate Attorney General, who shall serve as the Vice Chair;
(iii) the Assistant Attorney General (Criminal Division);
(iv) the Assistant Attorney General (Civil Division);
(v) the Assistant Attorney General (Tax Division);
(vi) the Assistant Attorney General (Antitrust Division);
(vii) the Director of the Federal Bureau of Investigation;
(viii) United States Attorneys designated by the Attorney General; and
(ix) such other officers or employees of the Department of Justice as
the Attorney General may from time to time designate.
(b) The Deputy Attorney General shall convene and direct the work of
the Task Force in fulfilling its functions under this order. The Deputy
Attorney General may permit, when appropriate, the designee of a member
of the Task Force, including participants invited under section 3 of this
order, to participate in lieu of the member or participant. The Deputy Attor-
ney General shall convene the Task Force at such times as the Deputy
Attorney General deems appropriate.
Sec. 3. Additional Participation for Specified Functions. In the Task Force’s
performance of the functions set forth in subsection 4(a) and (c) of this
order, and to the extent permitted by law, the Attorney General, or the
Deputy Attorney General as his designee, shall periodically convene meetings
and shall invite participation from the following senior officials from execu-
tive departments and agencies (agencies), or their designees, as well as
such other officials of the Federal Government as the Attorney General
or Deputy Attorney General deems appropriate:
(a) the Secretary of the Treasury;
(b) the Secretary of Defense;
(c) the Secretary of Health and Human Services;
(d) the Secretary of Housing and Urban Development;
(e) the Secretary of Energy;
(f) the Secretary of Education;
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(g) the Secretary of Veterans Affairs;
(h) the Secretary of Homeland Security;
(i) the Administrator of the Small Business Administration;
(j) the Chairman of the Board of Governors of the Federal Reserve System;
(k) the Commissioner of Social Security;
(l) the Administrator of the United States Agency for International Develop-
ment;
(m) the Director of the Bureau of Consumer Financial Protection;
(n) the Chairman of the Federal Trade Commission;
(o) the Chairman of the Securities and Exchange Commission;
(p) the Administrator of General Services;
(q) the Chairman of the National Credit Union Administration;
(r) the Chairman of the Commodity Futures Trading Commission;
(s) the Chairperson of the Board of Directors of the Federal Deposit Insur-
ance Corporation;
(t) the Director of the Federal Housing Finance Agency;
(u) the Comptroller of the Currency; and
(v) the Chief Postal Inspector for the Postal Inspection Service.
Sec. 4. Functions. Consistent with the authorities assigned to the Attorney
General by law, and other applicable law, the Task Force shall:
(a) provide guidance for the investigation and prosecution of cases involv-
ing fraud on the government, the financial markets, and consumers, including
cyber-fraud and other fraud targeting the elderly, service members and vet-
erans, and other members of the public; procurement and grant fraud; securi-
ties and commodities fraud, as well as other corporate fraud, with particular
attention to fraud affecting the general public; digital currency fraud; money
laundering, including the recovery of proceeds; health care fraud; tax fraud;
and other financial crimes;
(b) provide recommendations to the Attorney General on fraud enforcement
initiatives across the Department of Justice and on any matters the Task
Force determines from time to time to be important in the investigation
and prosecution of fraud and other financial crimes; and
(c) make recommendations to the President, through the Attorney General
for:
(i) action to enhance cooperation among agencies in the investigation
and prosecution of fraud and other financial crimes;
(ii) action to enhance cooperation among Federal, State, local, and tribal
authorities in connection with the detection, investigation, and prosecution
of fraud and other financial crimes; and
(iii) changes in rules, regulations, or policy, or recommendations to the
Congress regarding legislative measures, to improve the effective investiga-
tion and prosecution of fraud and other financial crimes.
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 Task Force shall replace the Financial Fraud Enforcement Task
Force created by Executive Order 13519 of November 17, 2009 (Establishment
of the Financial Fraud Enforcement Task Force). The Financial Fraud Enforce-
ment Task Force is hereby terminated pursuant to section 8 of Executive
Order 13519 and that order is hereby revoked.
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(c) This order shall be implemented 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
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
Sec. 6. Termination. The Task Force shall terminate when directed by the
President or, with the approval of the President, by the Attorney General.
THE WHITE HOUSE,
July 11, 2018.
[FR Doc. 2018–15299
Filed 7–13–18; 11:15 am]
Billing code 3295–F8–P
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Presidential Executive Order | 2018-15955 (13845) | Presidential Documents
35099
Federal Register
Vol. 83, No. 142
Tuesday, July 24, 2018
Title 3—
The President
Executive Order 13845 of July 19, 2018
Establishing the President’s National Council for the Amer-
ican Worker
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to provide a coordinated
process for developing a national strategy to ensure that America’s students
and workers have access to affordable, relevant, and innovative education
and job training that will equip them to compete and win in the global
economy, and for monitoring the implementation of that strategy, it is hereby
ordered as follows:
Section 1. Purpose. Our Nation is facing a skills crisis. There are currently
more than 6.7 million unfilled jobs in the United States, and American
workers, who are our country’s most valuable resource, need the skills
training to fill them. At the same time, the economy is changing at a
rapid pace because of the technology, automation, and artificial intelligence
that is shaping many industries, from manufacturing to healthcare to retail.
For too long, our country’s education and job training programs have prepared
Americans for the economy of the past. The rapidly changing digital economy
requires the United States to view education and training as encompassing
more than a single period of time in a traditional classroom. We need
to prepare Americans for the 21st century economy and the emerging indus-
tries of the future. We must foster an environment of lifelong learning
and skills-based training, and cultivate a demand-driven approach to work-
force development. My Administration will champion effective, results-driv-
en education and training so that American students and workers can obtain
the skills they need to succeed in the jobs of today and of the future.
Sec. 2. Policy. It shall be the policy of the executive branch to work with
private employers, educational institutions, labor unions, other non-profit
organizations, and State, territorial, tribal, and local governments to update
and reshape our education and job training landscape so that it better
meets the needs of American students, workers, and businesses.
Sec. 3. Establishment and Composition of the President’s National Council
for the American Worker. (a) There is hereby established the President’s
National Council for the American Worker (Council), co-chaired by the
Secretary of Commerce, the Secretary of Labor, the Assistant to the President
for Domestic Policy, and the Advisor to the President overseeing the Office
of Economic Initiatives (Co-Chairs).
(b) In addition to the Co-Chairs, the Council shall include the following
officials, or their designees:
(i) the Secretary of the Treasury;
(ii) the Secretary of Education;
(iii) the Secretary of Veterans Affairs;
(iv) the Director of the Office of Management and Budget;
(v) the Administrator of the Small Business Administration;
(vi) the Assistant to the President and Deputy Chief of Staff for Policy
Coordination;
(vii) the Director of the National Economic Council;
(viii) the Chairman of the Council of Economic Advisers;
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(ix) the Director of the National Science Foundation; and
(x) the Director of the Office of Science and Technology Policy.
Sec. 4. Additional Invitees. As appropriate and consistent with applicable
law, the Co-Chairs may, from time to time, invite the heads of other executive
departments and agencies (agencies), or other senior officials in the White
House Office, to attend meetings of the Council.
Sec. 5. Council Meetings. The Co-Chairs shall convene meetings of the
Council at least once per quarter.
Sec. 6. Functions of the Council. (a) The Council shall develop recommenda-
tions for the President on policy and strategy related to the American work-
force, and perform such other duties as the President may from time to
time prescribe.
(b) The Council shall develop recommendations for:
(i) a national strategy for empowering American workers, which shall
include recommendations on how the Federal Government can work with
private employers, educational institutions, labor unions, other non-profit
organizations, and State, territorial, tribal, and local governments to create
and promote workforce development strategies that provide evidence-
based, affordable education and skills-based training for youth and adults
to prepare them for the jobs of today and of the future;
(ii) fostering close coordination, cooperation, and information exchange
among the Federal Government, private employers, educational institu-
tions, labor unions, other non-profit organizations, and State, territorial,
tribal, and local governments as related to issues concerning the education
and training of Americans; and
(iii) working with agencies to foster consistency in implementing policies
and actions developed under this order.
Sec. 7. Initial Tasks of Council. Within 180 days of the date of this order,
the Council shall:
(a) develop a national campaign to raise awareness of matters considered
by the Council, such as the urgency of the skills crisis; the importance
of science, technology, engineering, and mathematics education; the creation
of new industries and job opportunities spurred by emerging technologies,
such as artificial intelligence; the nature of many careers in the trades
and manufacturing; and the need for companies to invest in the training
and re-training of their workers and more clearly define the skills and
competencies that jobs require;
(b) develop a plan for recognizing companies that demonstrate excellence
in workplace education, training, and re-training policies and investments,
in order to galvanize industries to identify and adopt best practices, innovate
their workplace policies, and invest in their workforces;
(c) examine how the Congress and the executive branch can work with
private employers, educational institutions, labor unions, other non-profit
organizations, and State, territorial, tribal, and local governments to support
the implementation of recommendations from the Task Force on Apprentice-
ship Expansion established in Executive Order 13801 of June 15, 2017
(Expanding Apprenticeships in America), including recommendations related
to:
(i) developing and increasing the use of industry-recognized, portable cre-
dentials by experienced workers seeking further education, displaced work-
ers seeking skills to secure new jobs, students enrolled in postsecondary
education, and younger Americans who are exploring career and education
options before entering the workforce;
(ii) increasing apprenticeship, earn-and-learn, and work-based learning op-
portunities;
(iii) expanding the use of online learning resources; and
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(iv) increasing the number of partnerships around the country between
companies, local educational institutions, and other entities, including
local governments, labor unions, workforce development boards, and other
non-profit organizations, in an effort to understand the types of skills
that are required by employers so that educational institutions can recali-
brate their efforts toward the development and delivery of more effective
training programs.
(d) consider the recommendations of the American Workforce Policy Advi-
sory Board (Board) established in section 8 of this order and, as appropriate,
adopt recommendations that would significantly advance the objectives of
the Council. The Council shall continue to consider and, as appropriate,
adopt the Board’s recommendations beyond the initial 180-day period pro-
vided by this section;
(e) recommend a specific course of action for increasing transparency
related to education and job-training program options, including those offered
at 4-year institutions and community colleges. The Council shall also propose
ways to increase access to available job data, including data on industries
and geographic locations with the greatest numbers of open jobs and projected
future opportunities, as well as the underlying skills required to fill open
jobs, so that American students and workers can make the most informed
decisions possible regarding their education, job selection, and career paths.
The Council shall also propose strategies for how best to use existing data
tools to support informed decision making for American students and work-
ers;
(f) develop recommendations on how the public sector should engage
with the private sector in worker re-training, including through the use
of online learning resources. In developing these recommendations, the Coun-
cil shall examine existing private sector efforts to re-train workers or develop
them professionally, and consider how investments in worker training and
re-training programs compare to investments in other human-resource related
areas, such as recruitment, health benefits, and retirement benefits; and
(g) examine public and private-sector expenditures, including tax expendi-
tures, related to providing Americans with knowledge and skills that will
enable them to succeed in the workplace at various stages of life (such
as during primary and secondary education, postsecondary education, con-
tinuing professional development, and re-training), consider the effectiveness
of those expenditures, and make suggestions for reforms in order to serve
American workers and students better.
Sec. 8. Establishment of the American Workforce Policy Advisory Board.
(a) There is hereby established the American Workforce Policy Advisory
Board.
(b) The Board shall be composed and function as follows:
(i) The Board shall be composed of the Secretary of Commerce and the
Advisor to the President overseeing the Office of Economic Initiatives,
and up to 25 members appointed by the President from among citizens
outside the Federal Government, and shall include individuals chosen
to serve as representatives of the various sectors of the economy, including
the private sector, employers, educational institutions, and States, to offer
diverse perspectives on how the Federal Government can improve edu-
cation, training, and re-training for American workers;
(ii) The Board shall be co-chaired by the Secretary of Commerce and
the Advisor to the President overseeing the Office of Economic Initiatives;
(iii) Members appointed to the Board shall serve for a term of 2 years.
If the term of the Board established in subsection (a) of this section
is extended, members shall be eligible for reappointment, and may continue
to serve after the expiration of their terms until the appointment of a
successor;
(iv) The Board shall advise the Council on the workforce policy of the
United States. Specific activities of the Board shall include, to the extent
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permitted by law, recommending steps to encourage the private sector
and educational institutions to combat the skills crisis by investing in
and increasing demand-driven education, training, and re-training, includ-
ing through apprenticeships and work-based learning opportunities;
(v) Members of the Board shall serve without any compensation for their
work on the Board. Members of the Board, while engaged in the work
of the Board, may be allowed travel expenses, including per diem in
lieu of subsistence, to the extent permitted by law for persons serving
intermittently in Government service (5 U.S.C. 5701–5707), consistent with
the availability of funds;
(vi) The Board shall terminate 2 years after the date of this order, unless
extended by the President; and
(vii) 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 for those in section 6 and section 14 of that Act, shall
be performed by the Secretary of Commerce, in accordance with the guide-
lines issued by the Administrator of General Services.
Sec. 9. Administrative Provisions. (a) The Department of Commerce shall
provide the Council and the Board with funding and administrative support
as may be necessary for the performance of their functions.
(b) The Secretary of Commerce, in consultation with the Co-Chairs of
the Council, shall designate an official to serve as Executive Director, to
coordinate the day-to-day functions of the Council.
(c) To the extent permitted by law, including the Economy Act (31 U.S.C.
1535), and subject to the availability of appropriations, other agencies may
detail staff to the Council, or otherwise provide administrative support,
in order to advance the Council’s functions.
(d) Agencies shall cooperate with the Council and provide such information
regarding its current and planned activities related to policies that affect
the American workforce as the Co-Chairs shall reasonably request, to the
extent permitted by law.
Sec. 10. Termination of Council. The Council shall terminate 2 years after
the date of this order, unless extended by the President.
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.
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(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,
July 19, 2018.
[FR Doc. 2018–15955
Filed 7–23–18; 11:15 am]
Billing code 3295–F8–P
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| Establishing the President's National Council for the American Worker | 2018-07-19T00:00:00 | 3d2a782b20341805700ca8cf352612a1ff1e49386b9e3e2a0a647acdc74ae138 |
Presidential Executive Order | 2018-20203 (13848) | Presidential Documents
46843
Federal Register
Vol. 83, No. 179
Friday, September 14, 2018
Title 3—
The President
Executive Order 13848 of September 12, 2018
Imposing Certain Sanctions in the Event of Foreign Inter-
ference in a United States Election
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, DONALD J. TRUMP, President of the United States of America, find
that the ability of persons located, in whole or in substantial part, outside
the United States to interfere in or undermine public confidence in United
States elections, including through the unauthorized accessing of election
and campaign infrastructure or the covert distribution of propaganda and
disinformation, constitutes an unusual and extraordinary threat to the na-
tional security and foreign policy of the United States. Although there has
been no evidence of a foreign power altering the outcome or vote tabulation
in any United States election, foreign powers have historically sought to
exploit America’s free and open political system. In recent years, the pro-
liferation of digital devices and internet-based communications has created
significant vulnerabilities and magnified the scope and intensity of the threat
of foreign interference, as illustrated in the 2017 Intelligence Community
Assessment. I hereby declare a national emergency to deal with this threat.
Accordingly, I hereby order:
Section 1. (a) Not later than 45 days after the conclusion of a United
States election, the Director of National Intelligence, in consultation with
the heads of any other appropriate executive departments and agencies
(agencies), shall conduct an assessment of any information indicating that
a foreign government, or any person acting as an agent of or on behalf
of a foreign government, has acted with the intent or purpose of interfering
in that election. The assessment shall identify, to the maximum extent
ascertainable, the nature of any foreign interference and any methods em-
ployed to execute it, the persons involved, and the foreign government
or governments that authorized, directed, sponsored, or supported it. The
Director of National Intelligence shall deliver this assessment and appropriate
supporting information to the President, the Secretary of State, the Secretary
of the Treasury, the Secretary of Defense, the Attorney General, and the
Secretary of Homeland Security.
(b) Within 45 days of receiving the assessment and information described
in section 1(a) of this order, the Attorney General and the Secretary of
Homeland Security, in consultation with the heads of any other appropriate
agencies and, as appropriate, State and local officials, shall deliver to the
President, the Secretary of State, the Secretary of the Treasury, and the
Secretary of Defense a report evaluating, with respect to the United States
election that is the subject of the assessment described in section 1(a):
(i) the extent to which any foreign interference that targeted election
infrastructure materially affected the security or integrity of that infrastruc-
ture, the tabulation of votes, or the timely transmission of election results;
and
(ii) if any foreign interference involved activities targeting the infrastructure
of, or pertaining to, a political organization, campaign, or candidate, the
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extent to which such activities materially affected the security or integrity
of that infrastructure, including by unauthorized access to, disclosure or
threatened disclosure of, or alteration or falsification of, information or
data.
The report shall identify any material issues of fact with respect to these
matters that the Attorney General and the Secretary of Homeland Security
are unable to evaluate or reach agreement on at the time the report is
submitted. The report shall also include updates and recommendations,
when appropriate, regarding remedial actions to be taken by the United
States Government, other than the sanctions described in sections 2 and
3 of this order.
(c) Heads of all relevant agencies shall transmit to the Director of National
Intelligence any information relevant to the execution of the Director’s duties
pursuant to this order, as appropriate and consistent with applicable law.
If relevant information emerges after the submission of the report mandated
by section 1(a) of this order, the Director, in consultation with the heads
of any other appropriate agencies, shall amend the report, as appropriate,
and the Attorney General and the Secretary of Homeland Security shall
amend the report required by section 1(b), as appropriate.
(d) Nothing in this order shall prevent the head of any agency or any
other appropriate official from tendering to the President, at any time through
an appropriate channel, any analysis, information, assessment, or evaluation
of foreign interference in a United States election.
(e) If information indicating that foreign interference in a State, tribal,
or local election within the United States has occurred is identified, it
may be included, as appropriate, in the assessment mandated by section
1(a) of this order or in the report mandated by section 1(b) of this order,
or submitted to the President in an independent report.
(f) Not later than 30 days following the date of this order, the Secretary
of State, the Secretary of the Treasury, the Attorney General, the Secretary
of Homeland Security, and the Director of National Intelligence shall develop
a framework for the process that will be used to carry out their respective
responsibilities pursuant to this order. The framework, which may be classi-
fied in whole or in part, shall focus on ensuring that agencies fulfill their
responsibilities pursuant to this order in a manner that maintains methodo-
logical consistency; protects law enforcement or other sensitive information
and intelligence sources and methods; maintains an appropriate separation
between intelligence functions and policy and legal judgments; ensures that
efforts to protect electoral processes and institutions are insulated from
political bias; and respects the principles of free speech and open debate.
Sec. 2. (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, the
Attorney General, and the Secretary of Homeland Security:
(i) to have directly or indirectly engaged in, sponsored, concealed, or
otherwise been complicit in foreign interference in a United States election;
(ii) 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 subsection (a)(i) of this section or any person
whose property and interests in property are blocked pursuant to this
order; or
(iii) 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
or interests in property are blocked pursuant to this order.
(b) Executive Order 13694 of April 1, 2015, as amended by Executive
Order 13757 of December 28, 2016, remains in effect. This order is not
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intended to, and does not, serve to limit the Secretary of the Treasury’s
discretion to exercise the authorities provided in Executive Order 13694.
Where appropriate, the Secretary of the Treasury, in consultation with the
Attorney General and the Secretary of State, may exercise the authorities
described in Executive Order 13694 or other authorities in conjunction with
the Secretary of the Treasury’s exercise of authorities provided in this order.
(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. 3. Following the transmission of the assessment mandated by section
1(a) and the report mandated by section 1(b):
(a) the Secretary of the Treasury shall review the assessment mandated
by section 1(a) and the report mandated by section 1(b), and, in consultation
with the Secretary of State, the Attorney General, and the Secretary of
Homeland Security, impose all appropriate sanctions pursuant to section
2(a) of this order and any appropriate sanctions described in section 2(b)
of this order; and
(b) the Secretary of State and the Secretary of the Treasury, in consultation
with the heads of other appropriate agencies, shall jointly prepare a rec-
ommendation for the President as to whether additional sanctions against
foreign persons may be appropriate in response to the identified foreign
interference and in light of the evaluation in the report mandated by section
1(b) of this order, including, as appropriate and consistent with applicable
law, proposed sanctions with respect to the largest business entities licensed
or domiciled in a country whose government authorized, directed, sponsored,
or supported election interference, including at least one entity from each
of the following sectors: financial services, defense, energy, technology, and
transportation (or, if inapplicable to that country’s largest business entities,
sectors of comparable strategic significance to that foreign government). The
recommendation shall include an assessment of the effect of the rec-
ommended sanctions on the economic and national security interests of
the United States and its allies. Any recommended sanctions shall be appro-
priately calibrated to the scope of the foreign interference identified, and
may include one or more of the following with respect to each targeted
foreign person:
(i) blocking and prohibiting all transactions in a person’s property and
interests in property subject to United States jurisdiction;
(ii) export license restrictions under any statute or regulation that requires
the prior review and approval of the United States Government as a
condition for the export or re-export of goods or services;
(iii) prohibitions on United States financial institutions making loans or
providing credit to a person;
(iv) restrictions on transactions in foreign exchange in which a person
has any interest;
(v) prohibitions on transfers of credit or payments between financial institu-
tions, or by, through, or to any financial institution, for the benefit of
a person;
(vi) prohibitions on United States persons investing in or purchasing equity
or debt of a person;
(vii) exclusion of a person’s alien corporate officers from the United States;
(viii) imposition on a person’s alien principal executive officers of any
of the sanctions described in this section; or
(ix) any other measures authorized by law.
Sec. 4. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
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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. 5. The prohibitions in section 2 of this order include the following:
(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. 6. I hereby find that the unrestricted immigrant and nonimmigrant
entry into the United States of aliens whose property and interests in property
are blocked pursuant to this order would be detrimental to the interests
of the United States, and I hereby suspend entry into the United States,
as immigrants or nonimmigrants, of such persons. Such persons shall be
treated 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. 7. (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. 8. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) 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 (including a foreign person) in the United States;
(d) the term ‘‘election infrastructure’’ means information and communica-
tions technology and systems used by or on behalf of the Federal Government
or a State or local government in managing the election process, including
voter registration databases, voting machines, voting tabulation equipment,
and equipment for the secure transmission of election results;
(e) the term ‘‘United States election’’ means any election for Federal office
held on, or after, the date of this order;
(f) the term ‘‘foreign interference,’’ with respect to an election, includes
any covert, fraudulent, deceptive, or unlawful actions or attempted actions
of a foreign government, or of any person acting as an agent of or on
behalf of a foreign government, undertaken with the purpose or effect of
influencing, undermining confidence in, or altering the result or reported
result of, the election, or undermining public confidence in election processes
or institutions;
(g) the term ‘‘foreign government’’ means any national, state, provincial,
or other governing authority, any political party, or any official of any
governing authority or political party, in each case of a country other than
the United States;
(h) the term ‘‘covert,’’ with respect to an action or attempted action,
means characterized by an intent or apparent intent that the role of a
foreign government will not be apparent or acknowledged publicly; and
(i) the term ‘‘State’’ means the several States or any of the territories,
dependencies, or possessions of the United States.
Sec. 9. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
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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 2 of this order.
Sec. 10. Nothing in this order shall prohibit transactions for the conduct
of the official business of the United States Government by employees,
grantees, or contractors thereof.
Sec. 11. The Secretary of the Treasury, in consultation with the Attorney
General and 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 re-delegate
any of these functions to other officers within the Department of the Treasury
consistent with applicable law. All 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.
Sec. 12. The Secretary of the Treasury, in consultation with the Attorney
General and the Secretary of State, is hereby authorized to submit the
recurring and final reports to the Congress on the national emergency de-
clared 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. 13. This order shall be implemented consistent with 50 U.S.C. 1702(b)(1)
and (3).
Sec. 14. (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.
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(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 12, 2018.
[FR Doc. 2018–20203
Filed 9–13–18; 11:15 am]
Billing code 3295–F8–P
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| Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election | 2018-09-12T00:00:00 | 71150176149eed5042af220297ebbd3516aef00591214e2caee02e04f77c6336 |
Presidential Executive Order | 2018-24254 (13850) | Presidential Documents
55243
Federal Register
Vol. 83, No. 213
Friday, November 2, 2018
Title 3—
The President
Executive Order 13850 of November 1, 2018
Blocking Property of Additional Persons Contributing to the
Situation in Venezuela
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.), section 212(f) of the Immigration and
Nationality Act of 1952 (8 U.S.C. 1182(f)) (INA), the Venezuela Defense
of Human Rights and Civil Society Act of 2014 (Public Law 113–278),
as amended (the Venezuelan Defense of Human Rights Act), 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 13692 of March 8, 2015, and relied upon for additional
steps taken in Executive Order 13808 of August 24, 2017, Executive Order
13827 of March 19, 2018, and Executive Order 13835 of May 21, 2018,
particularly in light of actions by the Maduro regime and associated persons
to plunder Venezuela’s wealth for their own corrupt purposes, degrade Ven-
ezuela’s infrastructure and natural environment through economic mis-
management and confiscatory mining and industrial practices, and catalyze
a regional migration crisis by neglecting the basic needs of the Venezuelan
people, hereby order as follows:
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 operate in the gold sector of the Venezuelan economy or in any
other sector of the Venezuelan 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 in, any transaction or series of transactions involving deceptive
practices or corruption and the Government of Venezuela or projects or
programs administered by the Government of Venezuela, or to be an
immediate adult family member of such a person;
(iii) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of,
any activity or transaction described in subsection (a)(ii) of this section,
or any person whose property and interests in property are blocked pursu-
ant to this order; or
(iv) 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 prior to the
date of this order.
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Sec. 2. The unrestricted immigrant and nonimmigrant entry into the United
States of aliens determined to meet one or more of the criteria in subsection
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 therefore hereby suspended. Such persons shall be treated
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. 3. I hereby determine that the making of donations of the type 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 Executive Order
13692, and I hereby prohibit such donations as provided by section 1 of
this order.
Sec. 4. 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. 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 ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) 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;
(d) the term ‘‘Government of Venezuela’’ means the Government of Ven-
ezuela, any political subdivision, agency, or instrumentality thereof, includ-
ing the Central Bank of Venezuela, and any person owned or controlled
by, or acting for or on behalf of, the Government of Venezuela.
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 or to the Govern-
ment of Venezuela of measures to be taken pursuant to this order would
render those measures ineffectual. I therefore determine that for these meas-
ures to be effective in addressing the national emergency declared in Execu-
tive Order 13692, 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 promulgating
rules and regulations, and to employ all powers granted to the President
by IEEPA as may be necessary to implement 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 of the United
States Government shall take all appropriate measures within their authority
to carry out the provisions of this order.
Sec. 9. 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, the INA, and section 5 of the
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Venezuela Defense of Human Rights Act, including the authorities set forth
in sections 5(b)(1)(B), 5(c), and 5(d) of that Act, as may be necessary to
carry out section 2 of this order and the relevant provisions of section
5 of that Act. The Secretary of State may, consistent with applicable law,
redelegate any of these functions within the Department of State.
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.
(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 1, 2018.
[FR Doc. 2018–24254
Filed 11–1–18; 2:00 pm]
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Presidential Executive Order | 2018-15195 (13842) | Presidential Documents
32753
Federal Register
Vol. 83, No. 135
Friday, July 13, 2018
Title 3—
The President
Executive Order 13842 of July 10, 2018
Establishing an Exception to Competitive Examining Rules for
Appointment to Certain Positions in the United States Mar-
shals Service, Department of Justice
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. Providing Appointment Authority. (a) Good administration of
the executive branch necessitates that the U.S. Marshals Service (USMS),
a component of the Department of Justice, have a hiring authority that
is currently available to other Federal law enforcement agencies and that
would, among other things, enable the USMS to be competitive in recruiting
high-quality Deputy U.S. Marshals and Criminal Investigators, to better hire
and retain qualified individuals in certain duty locations, and to more expedi-
tiously fill vacant positions consistent with law enforcement needs. Accord-
ingly, it is appropriate to place Deputy U.S. Marshals and Criminal Investiga-
tors of the USMS in Schedule B of the excepted service, as it is impracticable
to hold open competition or to apply usual competitive examining procedures
for those positions related to Federal law enforcement.
(b) Appointments to the positions identified in subsection (a) of this
section:
(i) may not be made to positions of a confidential or policy-determining
character or to positions in the Senior Executive Service; and
(ii) shall constitute Schedule B appointments that are:
(A) excepted from the competitive service; and
(B) subject to laws and regulations governing Schedule B appointments,
including basic qualification standards established by the Director of the
Office of Personnel Management (Director) for the applicable occupation
and grade level.
Sec. 2. Providing Conversion Authority. (a) Deputy U.S. Marshals and Crimi-
nal Investigators of the USMS appointed under Schedule B may, upon
completion of 3 years of substantially continuous, fully satisfactory service,
be converted non-competitively to career appointments, provided they meet
the qualifications and other requirements established by the Director.
(b) The Director shall prescribe such regulations as may be necessary
to implement 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, 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.
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(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,
July 10, 2018.
[FR Doc. 2018–15195
Filed 7–12–18; 11:15 am]
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| Establishing an Exception to Competitive Examining Rules for Appointment to Certain Positions in the United States Marshals Service, Department of Justice | 2018-07-10T00:00:00 | bf050c3fa288f9a960291c51727af3fbf2ed4a09962d68b5fb7de9a305e99bd7 |
Presidential Executive Order | 2018-15202 (13843) | Presidential Documents
32755
Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Presidential Documents
Executive Order 13843 of July 10, 2018
Excepting Administrative Law Judges From the Competitive
Service
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. Policy. The Federal Government benefits from a professional
cadre of administrative law judges (ALJs) appointed under section 3105
of title 5, United States Code, who are impartial and committed to the
rule of law. As illustrated by the Supreme Court’s recent decision in Lucia
v. Securities and Exchange Commission, No. 17–130 (June 21, 2018), ALJs
are often called upon to discharge significant duties and exercise significant
discretion in conducting proceedings under the laws of the United States.
As part of their adjudications, ALJs interact with the public on issues of
significance. Especially given the importance of the functions they dis-
charge—which may range from taking testimony and conducting trials to
ruling on the admissibility of evidence and enforcing compliance with their
orders—ALJs must display appropriate temperament, legal acumen, impar-
tiality, and sound judgment. They must also clearly communicate their
decisions to the parties who appear before them, the agencies that oversee
them, and the public that entrusts them with authority.
Previously, appointments to the position of ALJ have been made through
competitive examination and competitive service selection procedures. The
role of ALJs, however, has increased over time and ALJ decisions have,
with increasing frequency, become the final word of the agencies they serve.
Given this expanding responsibility for important agency adjudications, and
as recognized by the Supreme Court in Lucia, at least some—and perhaps
all—ALJs are ‘‘Officers of the United States’’ and thus subject to the Constitu-
tion’s Appointments Clause, which governs who may appoint such officials.
As evident from recent litigation, Lucia may also raise questions about
the method of appointing ALJs, including whether competitive examination
and competitive service selection procedures are compatible with the discre-
tion an agency head must possess under the Appointments Clause in selecting
ALJs. Regardless of whether those procedures would violate the Appoint-
ments Clause as applied to certain ALJs, there are sound policy reasons
to take steps to eliminate doubt regarding the constitutionality of the method
of appointing officials who discharge such significant duties and exercise
such significant discretion.
Pursuant to my authority under section 3302(1) of title 5, United States
Code, I find that conditions of good administration make necessary an excep-
tion to the competitive hiring rules and examinations for the position of
ALJ. These conditions include the need to provide agency heads with addi-
tional flexibility to assess prospective appointees without the limitations
imposed by competitive examination and competitive service selection proce-
dures. Placing the position of ALJ in the excepted service will mitigate
concerns about undue limitations on the selection of ALJs, reduce the likeli-
hood of successful Appointments Clause challenges, and forestall litigation
in which such concerns have been or might be raised. This action will
also give agencies greater ability and discretion to assess critical qualities
in ALJ candidates, such as work ethic, judgment, and ability to meet the
particular needs of the agency. These are all qualities individuals should
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have before wielding the significant authority conferred on ALJs, and each
agency should be able to assess them without proceeding through com-
plicated and elaborate examination processes or rating procedures that do
not necessarily reflect the agency’s particular needs. This change will also
promote confidence in, and the durability of, agency adjudications.
Sec. 2. Excepted Service. Appointments of ALJs shall be made under Sched-
ule E of the excepted service, as established by section 3 of this order.
Sec. 3. Implementation. (a) Civil Service Rule VI is amended as follows:
(i) 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-
determining 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-
determining 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.
Schedule D. Positions other than those of a confidential or policy-
determining 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. These positions, which
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, shall be listed in Schedule D.
Schedule E. Position of administrative law judge appointed under 5
U.S.C. 3105. Conditions of good administration warrant that the position
of administrative law judge be placed in the excepted service and that
appointment to this position not be subject to 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.
(ii) 5 CFR 6.3(b) is amended to read:
(b) To the extent permitted by law and the provisions of this part,
and subject to the suitability and fitness requirements of the applicable
Civil Service Rules and Regulations, appointments and position changes
in the excepted service shall be made in accordance with such regulations
and practices as the head of the agency concerned finds necessary. These
shall include, for the position of administrative law judge appointed under
5 U.S.C. 3105, the requirement that, at the time of application and any
new appointment, the individual, other than an incumbent administrative
law judge, must possess a professional license to practice law and be
authorized to practice law under the laws of a State, the District of
Columbia, the Commonwealth of Puerto Rico, or any territorial court estab-
lished under the United States Constitution. For purposes of this require-
ment, judicial status is acceptable in lieu of ‘‘active’’ status in States
that prohibit sitting judges from maintaining ‘‘active’’ status to practice
law, and being in ‘‘good standing’’ is also acceptable in lieu of ‘‘active’’
status in States where the licensing authority considers ‘‘good standing’’
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as having a current license to practice law. This requirement shall con-
stitute a minimum standard for appointment to the position of administra-
tive law judge, and such appointments may be subject to additional agency
requirements where appropriate.
(iii) 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
positions listed in Schedule B of persons who have competitive status.
(iv) 5 CFR 6.8 is amended to add after subsection (c):
(d) Effective on July 10, 2018, the position of administrative law judge
appointed under 5 U.S.C. 3105 shall be listed in Schedule E for all
levels of basic pay under 5 U.S.C. 5372(b). Incumbents of this position
who are, on July 10, 2018, in the competitive service shall remain in
the competitive service as long as they remain in their current positions.
(b) The Director of the Office of Personnel Management (Director) shall:
(i) adopt such regulations as the Director determines may be necessary
to implement this order, including, as appropriate, amendments to or
rescissions of regulations that are inconsistent with, or that would impede
the implementation of, this order, giving particular attention to 5 CFR,
part 212, subpart D; 5 CFR, part 213, subparts A and C; 5 CFR 302.101;
and 5 CFR, part 930, subpart B; and
(ii) provide guidance on conducting a swift, orderly transition from the
existing appointment process for ALJs to the Schedule E process established
by 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 in a manner consistent with applicable
law and subject to the availability of appropriations.
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(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,
July 10, 2018.
[FR Doc. 2018–15202
Filed 7–12–18; 11:15 am]
Billing code 3295–F8–P
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| Excepting Administrative Law Judges From the Competitive Service | 2018-07-10T00:00:00 | be0b6c380593a2cae3092d2b0a4428f9fac3bbbb04b4895605ee057d92510cc8 |
Presidential Executive Order | 2018-11916 (13837) | Presidential Documents
25335
Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Presidential Documents
Executive Order 13837 of May 25, 2018
Ensuring Transparency, Accountability, and Efficiency in
Taxpayer-Funded Union Time Use
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 section 7301 of title 5, United States Code, and
to ensure the effective functioning of the executive branch, it is hereby
ordered as follows:
Section 1. Purpose. An effective and efficient government keeps careful
track of how it spends the taxpayers’ money and eliminates unnecessary,
inefficient, or unreasonable expenditures. To advance this policy, executive
branch employees should spend their duty hours performing the work of
the Federal Government and serving the public.
Federal law allows Federal employees to represent labor organizations and
perform other non-agency business while being paid by American taxpayers
(taxpayer-funded union time). The Congress, however, has also instructed
the executive branch to interpret the law in a manner consistent with the
requirements of an effective and efficient government.
To that end, agencies should ensure that taxpayer-funded union time is
used efficiently and authorized in amounts that are reasonable, necessary,
and in the public interest. Federal employees should spend the clear majority
of their duty hours working for the public. No agency should pay for
Federal labor organizations’ expenses, except where required by law. Agen-
cies should eliminate unrestricted grants of taxpayer-funded union time
and instead require employees to obtain specific authorization before using
such time. Agencies should also monitor use of taxpayer-funded union time,
ensure it is used only for authorized purposes, and make information regard-
ing its use readily available to the public.
Sec. 2. Definitions. For purposes of this order, the following definitions
shall apply:
(a) Except for purposes of section 4 of this order, ‘‘agency’’ has the meaning
given the term in section 7103(a)(3) of title 5, United States Code, but
includes only executive agencies. For purposes of section 4 of this order,
‘‘agency’’ has the meaning given to ‘‘Executive agency’’ in section 105 of
title 5, United States Code, but excludes the Government Accountability
Office.
(b) ‘‘Agency business’’ shall mean work performed by Federal employees,
including detailees or assignees, on behalf of an agency, but does not include
work performed on taxpayer-funded union time.
(c) ‘‘Bargaining unit’’ shall mean a group of employees represented by
an exclusive representative in an appropriate unit for collective bargaining
under subchapter II of chapter 71 of title 5, United States Code.
(d) ‘‘Discounted use of government property’’ means charging less to use
government property than the value of the use of such property, as deter-
mined by the General Services Administration, where applicable, or other-
wise by the generally prevailing commercial cost of using such property.
(e) ‘‘Employee’’ has the meaning given the term in section 7103(a)(2)
of title 5, United States Code, except for purposes of section 4 of this
order, in which case it means an individual employed in an ‘‘Executive
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agency,’’ according to the meaning given that term in section 105 of title
5, United States Code, but excluding the Government Accountability Office.
(f) ‘‘Grievance’’ has the meaning given the term in section 7103(a)(9)
of title 5, United States Code.
(g) ‘‘Labor organization’’ has the meaning given the term in section
7103(a)(4) of title 5, United States Code.
(h) ‘‘Paid time’’ shall mean time for which an employee is paid by the
Federal Government, including both duty time, in which the employee per-
forms agency business, and taxpayer-funded union time. It does not include
time spent on paid or unpaid leave, or an employee’s off-duty hours.
(i) ‘‘Taxpayer-funded union time’’ shall mean official time granted to
an employee pursuant to section 7131 of title 5, United States Code.
(j) ‘‘Union time rate’’ shall mean the total number of duty hours in the
fiscal year that employees in a bargaining unit used for taxpayer-funded
union time, divided by the number of employees in such bargaining unit.
Sec. 3. Standards for Reasonable and Efficient Taxpayer-Funded Union Time
Usage. (a) No agency shall agree to authorize any amount of taxpayer-
funded union time under section 7131(d) of title 5, United States Code,
unless such time is reasonable, necessary, and in the public interest. Agree-
ments authorizing taxpayer-funded union time under section 7131(d) of
title 5, United States Code, that would cause the union time rate in a
bargaining unit to exceed 1 hour should, taking into account the size of
the bargaining unit, and the amount of taxpayer-funded union time antici-
pated to be granted under sections 7131(a) and 7131(c) of title 5, United
States Code, ordinarily not be considered reasonable, necessary, and in
the public interest, or to satisfy the ‘‘effective and efficient’’ goal set forth
in section 1 of this order and section 7101(b) of title 5, United States
Code. Agencies shall commit the time and resources necessary to strive
for a negotiated union time rate of 1 hour or less, and to fulfill their
obligation to bargain in good faith.
(b) (i) If an agency agrees to authorize amounts of taxpayer-funded union
time under section 7131(d) of title 5, United States Code, that would cause
the union time rate in a bargaining unit to exceed 1 hour (or proposes
to the Federal Service Impasses Panel or an arbitrator engaging in interest
arbitration an amount that would cause the union time rate in a bargaining
unit to exceed 1 hour), the agency head shall report this agreement or
proposal to the President through the Director of the Office of Personnel
Management (OPM Director) within 15 days of such an agreement or pro-
posal. Such report shall explain why such expenditures are reasonable,
necessary, and in the public interest, describe the benefit (if any) the public
will receive from the activities conducted by employees on such taxpayer-
funded union time, and identify the total cost of such time to the agency.
This reporting duty cannot be delegated.
(ii) Each agency head shall require relevant subordinate agency officials
to inform the agency head 5 business days in advance of presenting
or accepting a proposal that would result in a union time rate of greater
than 1 hour for any bargaining unit, if the subordinate agency officials
anticipate they will present or agree to such a provision.
(iii) The requirements of this subsection shall not apply to a union time
rate established pursuant to an order of the Federal Service Impasses
Panel or an arbitrator engaging in interest arbitration, provided that the
agency had proposed that the Impasses Panel or arbitrator establish a
union time rate of 1 hour or less.
(c) Nothing in this section shall be construed to prohibit any agency
from authorizing taxpayer-funded union time as required under sections
7131(a) and 7131(c) of title 5, United States Code, or to direct an agency
to negotiate to include in a collective bargaining agreement a term that
precludes an agency from granting taxpayer-funded union time pursuant
to those provisions.
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Sec. 4. Employee Conduct with Regard to Agency Time and Resources.
(a) To ensure that Federal resources are used effectively and efficiently
and in a manner consistent with both the public interest and section 8
of this order, all employees shall adhere to the following requirements:
(i) Employees may not engage in lobbying activities during paid time,
except in their official capacities as an employee.
(ii) (1) Except as provided in subparagraph (2) of this subsection, employees
shall spend at least three-quarters of their paid time, measured each fiscal
year, performing agency business or attending necessary training (as re-
quired by their agency), in order to ensure that they develop and maintain
the skills necessary to perform their agency duties efficiently and effec-
tively.
(2) Employees who have spent one-quarter of their paid time in any
fiscal year on non-agency business may continue to use taxpayer-funded
union time in that fiscal year for purposes covered by sections 7131(a)
or 7131(c) of title 5, United States Code.
(3) Any time in excess of one-quarter of an employee’s paid time used
to perform non-agency business in a fiscal year shall count toward the
limitation set forth in subparagraph (1) of this subsection in subsequent
fiscal years.
(iii) No employee, when acting on behalf of a Federal labor organization,
may be permitted the free or discounted use of government property
or any other agency resources if such free or discounted use is not generally
available for non-agency business by employees when acting on behalf
of non-Federal organizations. Such property and resources include office
or meeting space, reserved parking spaces, phones, computers, and com-
puter systems.
(iv) Employees may not be permitted reimbursement for expenses incurred
performing non-agency business, unless required by law or regulation.
(v) (1) Employees may not use taxpayer-funded union time to prepare
or pursue grievances (including arbitration of grievances) brought against
an agency under procedures negotiated pursuant to section 7121 of title
5, United States Code, except where such use is otherwise authorized
by law or regulation.
(2) The prohibition in subparagraph (1) of this subsection does not
apply to:
(A) an employee using taxpayer-funded union time to prepare for,
confer with an exclusive representative regarding, or present a griev-
ance brought on the employee’s own behalf; or to appear as a witness
in any grievance proceeding; or
(B) an employee using taxpayer-funded union time to challenge an
adverse personnel action taken against the employee in retaliation for
engaging in federally protected whistleblower activity, including for
engaging in activity protected under section 2302(b)(8) of title 5,
United States Code, under section 78u–6(h)(1) of title 15, United
States Code, under section 3730(h) of title 31, United States Code,
or under any other similar whistleblower law.
(b) Employees may not use taxpayer-funded union time without advance
written authorization from their agency, except where obtaining prior ap-
proval is deemed impracticable under regulations or guidance adopted pursu-
ant to subsection (c) of this section.
(c) (i) The requirements of this section shall become effective 45 days
from the date of this order. The Office of Personnel Management (OPM)
shall be responsible for administering the requirements of this section. Within
45 days of the date of this order, the OPM Director shall examine whether
existing regulations are consistent with the rules set forth in this section.
If the regulations are not, the OPM Director shall propose for notice and
public comment, as soon as practicable, appropriate regulations to clarify
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and assist agencies in implementing these rules, consistent with applicable
law.
(ii) The head of each agency is responsible for ensuring compliance by
employees within such agency with the requirements of this section, to
the extent consistent with applicable law and existing collective bargaining
agreements. Each agency head shall examine whether existing regulations,
policies, and practices are consistent with the rules set forth in this
section. If they are not, the agency head shall take all appropriate steps
consistent with applicable law to bring them into compliance with this
section as soon as practicable.
(e) Nothing in this order shall be construed to prohibit agencies from
permitting employees to take unpaid leave to perform representational activi-
ties under chapter 71 of title 5, United States Code, including for purposes
covered by section 7121(b)(1)(C) of title 5, United States Code.
Sec. 5. Preventing Unlawful or Unauthorized Expenditures. (a) Any employee
who uses taxpayer-funded union time without advance written agency au-
thorization required by section 4(b) of this order, or for purposes not specifi-
cally authorized by the agency, shall be considered absent without leave
and subject to appropriate disciplinary action. Repeated misuse of taxpayer-
funded union time may constitute serious misconduct that impairs the effi-
ciency of the Federal service. In such instances, agencies shall take appro-
priate disciplinary action to address such misconduct.
(b) As soon as practicable, but not later than 180 days from the date
of this order, to the extent permitted by law, each agency shall develop
and implement a procedure governing the authorization of taxpayer-funded
union time under section 4(b) of this order. Such procedure shall, at a
minimum, require a requesting employee to specify the number of taxpayer-
funded union time hours to be used and the specific purposes for which
such time will be used, providing sufficient detail to identify the tasks
the employee will undertake. That procedure shall also allow the authorizing
official to assess whether it is reasonable and necessary to grant such amount
of time to accomplish such tasks. For continuing or ongoing requests, each
agency shall require requests for authorization renewals to be submitted
not less than once per pay period. Each agency shall further require separate
advance authorization for any use of taxpayer-funded union time in excess
of previously authorized hours or for purposes for which such time was
not previously authorized.
(c) As soon as practicable, but not later than 180 days from the date
of this order, each agency shall develop and implement a system to monitor
the use of taxpayer-funded union time to ensure that it is used only for
authorized purposes, and that it is not used contrary to law or regulation.
In developing these systems, each agency shall give special attention to
ensuring taxpayer-funded union time is not used for:
(i) internal union business in violation of section 7131(b) of title 5, United
States Code;
(ii) lobbying activities in violation of section 1913 of title 18, United
States Code, or in violation of section 4(a)(i) of this order; or
(iii) political activities in violation of subchapter III of chapter 73 of
title 5, United States Code.
Sec. 6. Agency Reporting Requirements. (a) To the extent permitted by
law, each agency shall submit an annual report to OPM on the following:
(i) The purposes for which the agency has authorized the use of taxpayer-
funded union time, and the amounts of time used for each such purpose;
(ii) The job title and total compensation of each employee who has used
taxpayer-funded union time in the fiscal year, as well as the total number
of hours each employee spent on these activities and the proportion of
each employee’s total paid hours that number represents;
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(iii) If the agency has allowed labor organizations or individuals on tax-
payer-funded union time the free or discounted use of government prop-
erty, the total value of such free or discounted use;
(iv) Any expenses the agency paid for activities conducted on taxpayer-
funded union time; and
(v) The amount of any reimbursement paid by the labor organizations
for the use of government property.
(b) Agencies shall notify the OPM Labor Relations Group established pursu-
ant to the Executive Order entitled ‘‘Developing Efficient, Effective, and
Cost-Reducing Approaches to Federal Sector Collective Bargaining’’ of May
25, 2018, if a bargaining unit’s union time rate exceeds 1 hour.
(c) If an agency’s aggregate union time rate (i.e., the average of the union
time rates in each agency bargaining unit, weighted by the number of employ-
ees in each unit) has increased overall from the last fiscal year, the agency
shall explain this increase in the report required under subsection (a) of
this section.
(d) The OPM Director shall set a date by which agency submissions
under this section are due.
Sec. 7. Public Disclosure and Transparency. (a) Within 180 days of the
date of this order, the OPM Director shall publish a standardized form
that each agency shall use in preparing the reports required by section
6 of this order.
(b) OPM shall analyze the agency submissions under section 6 of this
order and produce an annual report detailing:
(i) for each agency and for agencies in the aggregate, the number of
employees using taxpayer-funded union time, the number of employees
using taxpayer-funded union time separately listed by intervals of the
proportion of paid time spent on such activities, the number of hours
spent on taxpayer-funded union time, the cost of taxpayer-funded union
time (measured by the compensation of the employees involved), the
aggregate union time rate, the number of bargaining unit employees, and
the percentage change in each of these values from the previous fiscal
year;
(ii) for each agency and in the aggregate, the value of the free or discounted
use of any government property the agency has provided to labor organiza-
tions, and any expenses, such as travel or per diems, the agency paid
for activities conducted on taxpayer-funded union time, as well as the
amount of any reimbursement paid for such use of government property,
and the percentage change in each of these values from the previous
fiscal year;
(iii) the purposes for which taxpayer-funded union time was granted;
and
(iv) the information required by section 6(a)(ii) of this order for employees
using taxpayer-funded union time, sufficiently aggregated that such disclo-
sure would not unduly risk disclosing information protected by law, in-
cluding personally identifiable information.
(c) The OPM Director shall publish the annual report required by this
section by June 30 of each year. The first report shall cover fiscal year
2019 and shall be published by June 30, 2020.
(d) The OPM Director shall, after consulting with the Chief Human Capital
Officers designated under chapter 14 of title 5, United States Code, promul-
gate any additional guidance that may be necessary or appropriate to assist
the heads of agencies in complying with the requirements of this order.
Sec. 8. Implementation and Renegotiation of Collective Bargaining Agree-
ments. (a) Each agency shall implement the requirements of this order within
45 days of the date of this order, except for subsection 4(b) of this order,
which shall be effective for employees at an agency when such agency
implements the procedure required by section 5(b) of this order, to the
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extent permitted by law and consistent with their obligations under collective
bargaining agreements in force on the date of this order. The head of each
agency shall designate an official within the agency tasked with ensuring
implementation of this order, and shall report the identity of such official
to OPM within 30 days of the date of this order.
(b) Each agency shall consult with employee labor representatives about
the implementation of this order. On the earliest date permitted by law,
and to effectuate the terms of this order, any agency that is party to a
collective bargaining agreement that has at least one provision that is incon-
sistent with any part of this order shall give any contractually required
notice of its intent to alter the terms of such agreement and either reopen
negotiations and negotiate to obtain provisions consistent with this order,
or subsequently terminate such provision and implement the requirements
of this order, as applicable under law.
Sec. 9. General Provisions. (a) Nothing in this order shall abrogate any
collective bargaining agreement in effect on the date of this order.
(b) Nothing in this order shall be construed to interfere with, restrain,
or coerce any employee in the exercise by the employee of any right under
chapter 71 of title 5, United States Code, or encourage or discourage member-
ship in any labor organization by discrimination in connection with hiring,
tenure, promotion, or other conditions of employment.
(c) Nothing in this order shall be construed to impair or otherwise affect
the authority granted by law to an executive department or agency, or
the head thereof.
(d) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(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.
(f) If any provision of this order, including any of its applications, is
held to be invalid, the remainder of this order and all of its other applications
shall not be affected thereby.
THE WHITE HOUSE,
May 25, 2018.
[FR Doc. 2018–11916
Filed 5–31–18; 8:45 am]
Billing code 3295–F8–P
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Presidential Executive Order | 2018-11913 (13836) | Presidential Documents
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Executive Order 13836 of May 25, 2018
Developing Efficient, Effective, and Cost-Reducing Approaches
To Federal Sector Collective Bargaining
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to assist executive
departments and agencies (agencies) in developing efficient, effective, and
cost-reducing collective bargaining agreements (CBAs), as described in chap-
ter 71 of title 5, United States Code, it is hereby ordered as follows:
Section 1. Policy. (a) Section 7101(b) of title 5, United States Code, requires
the Federal Service Labor-Management Relations Statute (the Statute) to
be interpreted in a manner consistent with the requirement of an effective
and efficient Government. Unfortunately, implementation of the Statute has
fallen short of these goals. CBAs, and other agency agreements with collective
bargaining representatives, often make it harder for agencies to reward high
performers, hold low-performers accountable, or flexibly respond to oper-
ational needs. Many agencies and collective bargaining representatives spend
years renegotiating CBAs, with taxpayers paying for both sides’ negotiators.
Agencies must also engage in prolonged negotiations before making even
minor operational changes, like relocating office space.
(b) The Federal Government must do more to apply the Statute in a
manner consistent with effective and efficient Government. To fulfill this
obligation, agencies should secure CBAs that: promote an effective and effi-
cient means of accomplishing agency missions; encourage the highest levels
of employee performance and ethical conduct; ensure employees are account-
able for their conduct and performance on the job; expand agency flexibility
to address operational needs; reduce the cost of agency operations, including
with respect to the use of taxpayer-funded union time; are consistent with
applicable laws, rules, and regulations; do not cover matters that are not,
by law, subject to bargaining; and preserve management rights under section
7106(a) of title 5, United States Code (management rights). Further, agencies
that form part of an effective and efficient Government should not take
more than a year to renegotiate CBAs.
Sec. 2. Definitions. For purposes of this order:
(a) The phrase ‘‘term CBA’’ means a CBA of a fixed or indefinite duration
reached through substantive bargaining, as opposed to (i) agreements reached
through impact and implementation bargaining pursuant to sections
7106(b)(2) and 7106(b)(3) of title 5, United States Code, or (ii) mid-term
agreements, negotiated while the basic comprehensive labor contract is in
effect, about subjects not included in such contract.
(b) The phrase ‘‘taxpayer-funded union time’’ means time granted to a
Federal employee to perform non-agency business during duty hours pursu-
ant to section 7131 of title 5, United States Code.
Sec. 3. Interagency Labor Relations Working Group. (a) There is hereby
established an Interagency Labor Relations Working Group (Labor Relations
Group).
(b) Organization. The Labor Relations Group shall consist of the Director
of the Office of Personnel Management (OPM Director), representatives of
participating agencies determined by their agency head in consultation with
the OPM Director, and OPM staff assigned by the OPM Director. The OPM
Director shall chair the Labor Relations Group and, subject to the availability
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of appropriations and to the extent permitted by law, provide administrative
support for the Labor Relations Group.
(c) Agencies. Agencies with at least 1,000 employees represented by a
collective bargaining representative pursuant to chapter 71 of title 5, United
States Code, shall participate in the Labor Relations Group. Agencies with
a smaller number of employees represented by a collective bargaining rep-
resentative may, at the election of their agency head and with the concurrence
of the OPM Director, participate in the Labor Relations Group. Agencies
participating in the Labor Relations Group shall provide assistance helpful
in carrying out the responsibilities outlined in subsection (d) of this section.
Such assistance shall include designating an agency employee to serve as
a point of contact with OPM responsible for providing the Labor Relations
Group with sample language for proposals and counter-proposals on signifi-
cant matters proposed for inclusion in term CBAs, as well as for analyzing
and discussing with OPM and the Labor Relations Group the effects of
significant CBA provisions on agency effectiveness and efficiency. Partici-
pating agencies should provide other assistance as necessary to support
the Labor Relations Group in its mission.
(d) Responsibilities and Functions. The Labor Relations Group shall assist
the OPM Director on matters involving labor-management relations in the
executive branch. To the extent permitted by law, its responsibilities shall
include the following:
(i) Gathering information to support agency negotiating efforts, including
the submissions required under section 8 of this order, and creating an
inventory of language on significant subjects of bargaining that have rel-
evance to more than one agency and that have been proposed for inclusion
in at least one term CBA;
(ii) Developing model ground rules for negotiations that, if implemented,
would minimize delay, set reasonable limits for good-faith negotiations,
call for Federal Mediation and Conciliation Service (FMCS) to mediate
disputed issues not resolved within a reasonable time, and, as appropriate,
promptly bring remaining unresolved issues to the Federal Service Im-
passes Panel (the Panel) for resolution;
(iii) Analyzing provisions of term CBAs on subjects of bargaining that
have relevance to more than one agency, particularly those that may
infringe on, or otherwise affect, reserved management rights. Such analysis
should include an assessment of term CBA provisions that cover com-
parable subjects, without infringing, or otherwise affecting, reserved man-
agement rights. The analysis should also assess the consequences of such
CBA provisions on Federal effectiveness, efficiency, cost of operations,
and employee accountability and performance. The analysis should take
particular note of how certain provisions may impede the policies set
forth in section 1 of this order or the orderly implementation of laws,
rules, or regulations. The Labor Relations Group may examine general
trends and commonalities across term CBAs, and their effects on bar-
gaining-unit operations, but need not separately analyze every provision
of each CBA in every Federal bargaining unit;
(iv) Sharing information and analysis, as appropriate and permitted by
law, including significant proposals and counter-proposals offered in bar-
gaining, in order to reduce duplication of efforts and encourage common
approaches across agencies, as appropriate;
(v) Establishing ongoing communications among agencies engaging with
the same labor organizations in order to facilitate common solutions to
common bargaining initiatives; and
(vi) Assisting the OPM Director in developing, where appropriate, Govern-
ment-wide approaches to bargaining issues that advance the policies set
forth in section 1 of this order.
(e) Within 18 months of the first meeting of the Labor Relations Group,
the OPM Director, as the Chair of the group, shall submit to the President,
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through the Office of Management and Budget (OMB), a report proposing
recommendations for meeting the goals set forth in section 1 of this order
and for improving the organization, structure, and functioning of labor rela-
tions programs across agencies.
Sec. 4. Collective Bargaining Objectives. (a) The head of each agency that
engages in collective bargaining under chapter 71 of title 5, United States
Code, shall direct appropriate officials within each agency to prepare a
report on all operative term CBAs at least 1 year before their expiration
or renewal date. The report shall recommend new or revised CBA language
the agency could seek to include in a renegotiated agreement that would
better support the objectives of section 1 of this order. The officials preparing
the report shall consider the analysis and advice of the Labor Relations
Group in making recommendations for revisions. To the extent permitted
by law, these reports shall be deemed guidance and advice for agency
management related to collective bargaining under section 7114(b)(4)(C) of
title 5, United States Code, and thus not subject to disclosure to the exclusive
representative or its authorized representative.
(b) Consistent with the requirements and provisions of chapter 71 of
title 5, United States Code, and other applicable laws and regulations, an
agency, when negotiating with a collective bargaining representative, shall:
(i) establish collective bargaining objectives that advance the policies of
section 1 of this order, with such objectives informed, as appropriate,
by the reports required by subsection (a) of this section;
(ii) consider the analysis and advice of the Labor Relations Group in
establishing these collective bargaining objectives and when evaluating
collective bargaining representative proposals;
(iii) make every effort to secure a CBA that meets these objectives; and
(iv) ensure management and supervisor participation in the negotiating
team representing the agency.
Sec. 5. Collective Bargaining Procedures. (a) To achieve the purposes of
this order, agencies shall begin collective bargaining negotiations by making
their best effort to negotiate ground rules that minimize delay, set reasonable
time limits for good-faith negotiations, call for FMCS mediation of disputed
issues not resolved within those time limits, and, as appropriate, promptly
bring remaining unresolved issues to the Panel for resolution. For collective
bargaining negotiations, a negotiating period of 6 weeks or less to achieve
ground rules, and a negotiating period of between 4 and 6 months for
a term CBA under those ground rules, should ordinarily be considered
reasonable and to satisfy the ‘‘effective and efficient’’ goal set forth in section
1 of this order. Agencies shall commit the time and resources necessary
to satisfy these temporal objectives and to fulfill their obligation to bargain
in good faith. Any negotiations to establish ground rules that do not conclude
after a reasonable period should, to the extent permitted by law, be expedi-
tiously advanced to mediation and, as necessary, to the Panel.
(b) During any collective bargaining negotiations under chapter 71 of
title 5, United States Code, and consistent with section 7114(b) of that
chapter, the agency shall negotiate in good faith to reach agreement on
a term CBA, memorandum of understanding (MOU), or any other type
of binding agreement that promotes the policies outlined in section 1 of
this order. If such negotiations last longer than the period established by
the CBA ground rules -- or, absent a pre-set deadline, a reasonable time
-- the agency shall consider whether requesting assistance from the FMCS
and, as appropriate, the Panel, would better promote effective and efficient
Government than would continuing negotiations. Such consideration should
evaluate the likelihood that continuing negotiations without FMCS assistance
or referral to the Panel would produce an agreement consistent with the
goals of section 1 of this order, as well as the cost to the public of continuing
to pay for both agency and collective bargaining representative negotiating
teams. Upon the conclusion of the sixth month of any negotiation, the
agency head shall receive notice from appropriate agency staff and shall
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receive monthly notifications thereafter regarding the status of negotiations
until they are complete. The agency head shall notify the President through
OPM of any negotiations that have lasted longer than 9 months, in which
the assistance of the FMCS either has not been requested or, if requested,
has not resulted in agreement or advancement to the Panel.
(c) If the commencement or any other stage of bargaining is delayed
or impeded because of a collective bargaining representative’s failure to
comply with the duty to negotiate in good faith pursuant to section 7114(b)
of title 5, United States Code, the agency shall, consistent with applicable
law consider whether to:
(i) file an unfair labor practice (ULP) complaint under section 7118 of
title 5, United States Code, after considering evidence of bad-faith negoti-
ating, including refusal to meet to bargain, refusal to meet as frequently
as necessary, refusal to submit proposals or counterproposals, undue delays
in bargaining, undue delays in submission of proposals or counter-
proposals, inadequate preparation for bargaining, and other conduct that
constitutes bad-faith negotiating; or
(ii) propose a new contract, memorandum, or other change in agency
policy and implement that proposal if the collective bargaining representa-
tive does not offer counter-proposals in a timely manner.
(d) An agency’s filing of a ULP complaint against a collective bargaining
representative shall not further delay negotiations. Agencies shall negotiate
in good faith or request assistance from the FMCS and, as appropriate,
the Panel, while a ULP complaint is pending.
(e) In developing proposed ground rules, and during any negotiations,
agency negotiators shall request the exchange of written proposals, so as
to facilitate resolution of negotiability issues and assess the likely effect
of specific proposals on agency operations and management rights. To the
extent that an agency’s CBAs, ground rules, or other agreements contain
requirements for a bargaining approach other than the exchange of written
proposals addressing specific issues, the agency should, at the soonest oppor-
tunity, take steps to eliminate them. If such requirements are based on
now-revoked Executive Orders, including Executive Order 12871 of October
1, 1993 (Labor-Management Partnerships) and Executive Order 13522 of
December 9, 2009 (Creating Labor-Management Forums to Improve Delivery
of Government Services), agencies shall take action, consistent with applica-
ble law, to rescind these requirements.
(f) Pursuant to section 7114(c)(2) of title 5, United States Code, the agency
head shall review all binding agreements with collective bargaining represent-
atives to ensure that all their provisions are consistent with all applicable
laws, rules, and regulations. When conducting this review, the agency head
shall ascertain whether the agreement contains any provisions concerning
subjects that are non-negotiable, including provisions that violate Govern-
ment-wide requirements set forth in any applicable Executive Order or any
other applicable Presidential directive. If an agreement contains any such
provisions, the agency head shall disapprove such provisions, consistent
with applicable law. The agency head shall take all practicable steps to
render the determinations required by this subsection within 30 days of
the date the agreement is executed, in accordance with section 7114(c)
of title 5, United States Code, so as not to permit any part of an agreement
to become effective that is contrary to applicable law, rule, or regulation.
Sec. 6. Permissive Bargaining. The heads of agencies subject to the provisions
of chapter 71 of title 5, United States Code, may not negotiate over the
substance of the subjects set forth in section 7106(b)(1) of title 5, United
States Code, and shall instruct subordinate officials that they may not nego-
tiate over those same subjects.
Sec. 7. Efficient Bargaining over Procedures and Appropriate Arrangements.
(a) Before beginning negotiations during a term CBA over matters addressed
by sections 7106(b)(2) or 7106(b)(3) of title 5, United States Code, agencies
shall evaluate whether or not such matters are already covered by the
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term CBA and therefore are not subject to the duty to bargain. If such
matters are already covered by a term CBA, the agency shall not bargain
over such matters.
(b) Consistent with section 1 of this order, agencies that engage in bar-
gaining over procedures pursuant to section 7106(b)(2) of title 5, United
States Code, shall, consistent with their obligation to negotiate in good
faith, bargain over only those items that constitute procedures associated
with the exercise of management rights, which do not include measures
that excessively interfere with the exercise of such rights. Likewise, consistent
with section 1 of this order, agencies that engage in bargaining over appro-
priate arrangements pursuant to section 7106(b)(3) of title 5, United States
Code, shall, consistent with their obligation to negotiate in good faith, bargain
over only those items that constitute appropriate arrangements for employees
adversely affected by the exercise of management rights. In such negotiations,
agencies shall ensure that a resulting appropriate arrangement does not
excessively interfere with the exercise of management rights.
Sec. 8. Public Accessibility. (a) Each agency subject to chapter 71 of title
5, United States Code, that engages in any negotiation with a collective
bargaining representative, as defined therein, shall submit to the OPM Direc-
tor each term CBA currently in effect and its expiration date. Such agency
shall also submit any new term CBA and its expiration date to the OPM
Director within 30 days of its effective date, and submit new arbitral awards
to the OPM Director within 10 business days of receipt. The OPM Director
shall make each term CBA publicly accessible on the Internet as soon
as practicable.
(b) Within 90 days of the date of this order, the OPM Director shall
prescribe a reporting format for submissions required by subsection (a) of
this section. Within 30 days of the OPM Director’s having prescribed the
reporting format, agencies shall use this reporting format and make the
submissions required under subsection (a) of this section.
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 OMB Director 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) Nothing in this order shall abrogate any CBA in effect on the date
of this order.
(d) The failure to produce a report for the agency head prior to the
termination or renewal of a CBA under section 4(a) of this order shall
not prevent an agency from opening a CBA for renegotiation.
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(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 25, 2018.
[FR Doc. 2018–11913
Filed 5–31–18; 8:45 am]
Billing code 3295–F8–P
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Presidential Executive Order | 2018-13640 (13840) | Presidential Documents
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Federal Register
Vol. 83, No. 121
Friday, June 22, 2018
Title 3—
The President
Executive Order 13840 of June 19, 2018
Ocean Policy To Advance the Economic, Security, and Envi-
ronmental Interests 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. Purpose. The ocean, coastal, and Great Lakes waters of the United
States are foundational to the economy, security, global competitiveness,
and well-being of the United States. Ocean industries employ millions of
Americans and support a strong national economy. Domestic energy produc-
tion from Federal waters strengthens the Nation’s security and reduces reli-
ance on imported energy. Our Armed Forces protect our national interests
in the ocean and along the Nation’s coasts. Goods and materials that support
our economy and quality of life flow through maritime commerce. Our
fisheries resources help feed the Nation and present tremendous export
opportunities. Clean, healthy waters support fishing, boating, and other rec-
reational opportunities for all Americans.
This order maintains and enhances these and other benefits to the Nation
through improved public access to marine data and information, efficient
interagency coordination on ocean-related matters, and engagement with
marine industries, the science and technology community, and other ocean
stakeholders. To advance these national interests, this order recognizes and
supports Federal participation in regional ocean partnerships, to the extent
appropriate and consistent with national security interests and statutory
authorities.
Sec. 2. Policy. It shall be the policy of the United States to:
(a) coordinate the activities of executive departments and agencies (agen-
cies) regarding ocean-related matters to ensure effective management of ocean,
coastal, and Great Lakes waters and to provide economic, security, and
environmental benefits for present and future generations of Americans;
(b) continue to promote the lawful use of the ocean by agencies, including
United States Armed Forces;
(c) exercise rights and jurisdiction and perform duties in accordance with
applicable domestic law and—if consistent with applicable domestic law—
international law, including customary international law;
(d) facilitate the economic growth of coastal communities and promote
ocean industries, which employ millions of Americans, advance ocean
science and technology, feed the American people, transport American goods,
expand recreational opportunities, and enhance America’s energy security;
(e) ensure that Federal regulations and management decisions do not
prevent productive and sustainable use of ocean, coastal, and Great Lakes
waters;
(f) modernize the acquisition, distribution, and use of the best available
ocean-related science and knowledge, in partnership with marine industries;
the ocean science and technology community; State, tribal, and local govern-
ments; and other ocean stakeholders, to inform decisions and enhance entre-
preneurial opportunity; and
(g) facilitate, as appropriate, coordination, consultation, and collaboration
regarding ocean-related matters, consistent with applicable law, among Fed-
eral, State, tribal, and local governments, marine industries, the ocean science
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and technology community, other ocean stakeholders, and foreign govern-
ments and international organizations.
Sec. 3. Definitions. For the purposes of this order, the following definitions
apply:
(a) ‘‘Ocean-related matters’’ means management, science, and technology
matters involving the ocean, coastal, and Great Lakes waters of the United
States (including its territories and possessions), and related seabed, subsoil,
waters superadjacent to the seabed, and natural resources.
(b) ‘‘Regional ocean partnership’’ means a regional organization of coastal
or Great Lakes States, territories, or possessions voluntarily convened by
governors to address cross-jurisdictional ocean matters, or the functional
equivalent of such a regional ocean organization designated by the governor
or governors of a State or States.
Sec. 4. Interagency Coordination. (a) To ensure appropriate coordination
by Federal agencies on ocean-related matters, there is hereby established
the interagency Ocean Policy Committee (Committee).
(i) The Committee shall consist of the following:
(1) The Chairman of the Council on Environmental Quality (CEQ) and
the Director of the Office of Science and Technology Policy (OSTP), who
shall serve as Co-Chairs;
(2) The Secretary of State, Secretary of Defense, Attorney General, Sec-
retary of the Interior, Secretary of Agriculture, Secretary of Commerce,
Secretary of Transportation, Secretary of Energy, Secretary of Homeland
Security, Administrator of the Environmental Protection Agency, Director
of the Office of Management and Budget, Administrator of the National
Aeronautics and Space Administration, Director of the National Science
Foundation, Director of National Intelligence, Chairman of the Joint Chiefs
of Staff, Under Secretary of Commerce for Oceans and Atmosphere, Assist-
ant Secretary of the Army (Civil Works), and Commandant of the Coast
Guard;
(3) The Assistants to the President for National Security Affairs, Home-
land Security and Counterterrorism, Domestic Policy, and Economic Policy;
(4) A representative from the Office of the Vice President designated
by the Vice President; and
(5) Such other officers or employees of the Federal Government as
the Co-Chairs may from time to time designate.
(b) The Co-Chairs, in coordination with the Assistants to the President
for National Security Affairs, Homeland Security and Counterterrorism, Do-
mestic Policy, and Economic Policy, shall regularly convene and preside
at meetings of the Committee, determine its agenda, and direct its work,
and shall establish and direct subcommittees of the Committee as appropriate.
The Committee shall, as appropriate, establish subcommittees with responsi-
bility for advising the Committee on matters pertaining to ocean science
and technology and ocean-resource management.
(i) Committee members may designate, to perform their Committee or
subcommittee functions, any person who is within their department, agen-
cy, or office who is:
(1) a civilian official appointed by the President;
(2) a member of the Senior Executive Service or the Senior Intelligence
Service;
(3) a general officer or flag officer; or
(4) an employee of the Office of the Vice President.
(ii) Consistent with applicable law and subject to the availability of appro-
priations, OSTP or CEQ shall provide the Committee with funding, includ-
ing through the National Science and Technology Council pursuant to
title VII, section 723 of the Consolidated Appropriations Act, 2018 (Public
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Law 115–141), or any successor provision, or through the Office of Environ-
mental Quality pursuant to the Office of Environmental Quality Manage-
ment Fund, 42 U.S.C. 4375. OSTP or CEQ shall, to the extent permitted
by law and subject to the availability of appropriations, provide administra-
tive support as needed to implement this order.
(iii) The Committee shall be administered by an Executive Director and
such full-time staff as the Co-Chairs recommend.
Sec. 5. Functions. To implement the policy set forth in section 2 of this
order, the Committee shall, to the extent permitted by law:
(a) provide advice regarding policies concerning ocean-related matters to:
(i) the President; and
(ii) the head of any agency who is a member of the Committee;
(b) engage and collaborate, under existing laws and regulations, with stake-
holders, including regional ocean partnerships, to address ocean-related mat-
ters that may require interagency or intergovernmental solutions;
(c) coordinate the timely public release of unclassified data and other
information related to the ocean, coasts, and Great Lakes that agencies collect,
and support the common information management systems, such as the
Marine Cadastre, that organize and disseminate this information;
(d) coordinate and inform the ocean policy-making process and identify
priority ocean research and technology needs, to facilitate:
(i) the use of science in the establishment of policy; and
(ii) the collection, development, dissemination, and exchange of informa-
tion between and among agencies on ocean-related matters;
(e) coordinate and ensure Federal participation in projects conducted under
the National Oceanographic Partnership Program through the Committee’s
members, as appropriate, to maximize the effectiveness of agency investments
in ocean research; and
(f) obtain information and advice concerning ocean-related matters from:
(i) State, tribal, and local governments; and
(ii) private-sector entities and individuals.
Sec. 6. Cooperation. To the extent permitted by law, agencies shall cooperate
with the Committee and provide it such information as it, through the
Co-Chairs, may request. The Committee shall base its decisions on the con-
sensus of its members. With respect to those matters for which consensus
cannot be reached, the Assistant to the President for National Security
Affairs shall coordinate with the Co-Chairs to present the disputed issue
or issues for decision by the President. Within 90 days of the date of
this order, agencies shall review their regulations, guidance, and policies
for consistency with this order, and shall consult with CEQ, OSTP, and
the Office of Management and Budget (OMB) regarding any modifications,
revisions, or rescissions of any regulations, guidance, or policies necessary
to comply with this order.
Sec. 7. Revocation. Executive Order 13547 of July 19, 2010 (Stewardship
of the Ocean, Our Coasts, and the Great Lakes), is hereby revoked.
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, agency, or
the head thereof;
(ii) the functions of the Director of OMB relating to budgetary, administra-
tive, or legislative proposals; or
(iii) functions assigned by the President to the National Security Council
or Homeland Security Council (including subordinate bodies) relating to
matters affecting foreign affairs, national security, homeland security, or
intelligence.
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(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 19, 2018.
[FR Doc. 2018–13640
Filed 6–21–18; 11:15 am]
Billing code 3295–F8–P
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| Ocean Policy To Advance the Economic, Security, and Environmental Interests of the United States | 2018-06-19T00:00:00 | df51e36895a450d47b2f0cbf5d2a648acbf2e86561385fd0e8738649f8c71ec0 |
Presidential Executive Order | 2018-13696 (13841) | Presidential Documents
29435
Federal Register
Vol. 83, No. 122
Monday, June 25, 2018
Title 3—
The President
Executive Order 13841 of June 20, 2018
Affording Congress an Opportunity To Address Family Sepa-
ration
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. It is the policy of this Administration to rigorously enforce
our immigration laws. Under our laws, the only legal way for an alien
to enter this country is at a designated port of entry at an appropriate
time. When an alien enters or attempts to enter the country anywhere
else, that alien has committed at least the crime of improper entry and
is subject to a fine or imprisonment under section 1325(a) of title 8, United
States Code. This Administration will initiate proceedings to enforce this
and other criminal provisions of the INA until and unless Congress directs
otherwise. It is also the policy of this Administration to maintain family
unity, including by detaining alien families together where appropriate and
consistent with law and available resources. It is unfortunate that Congress’s
failure to act and court orders have put the Administration in the position
of separating alien families to effectively enforce the law.
Sec. 2. Definitions. For purposes of this order, the following definitions
apply:
(a) ‘‘Alien family’’ means
(i) any person not a citizen or national of the United States who has
not been admitted into, or is not authorized to enter or remain in, the
United States, who entered this country with an alien child or alien
children at or between designated ports of entry and who was detained;
and
(ii) that person’s alien child or alien children.
(b) ‘‘Alien child’’ means any person not a citizen or national of the
United States who
(i) has not been admitted into, or is not authorized to enter or remain
in, the United States;
(ii) is under the age of 18; and
(iii) has a legal parent-child relationship to an alien who entered the
United States with the alien child at or between designated ports of
entry and who was detained.
Sec. 3. Temporary Detention Policy for Families Entering this Country Ille-
gally. (a) The Secretary of Homeland Security (Secretary), shall, to the extent
permitted by law and subject to the availability of appropriations, maintain
custody of alien families during the pendency of any criminal improper
entry or immigration proceedings involving their members.
(b) The Secretary shall not, however, detain an alien family together
when there is a concern that detention of an alien child with the child’s
alien parent would pose a risk to the child’s welfare.
(c) The Secretary of Defense shall take all legally available measures
to provide to the Secretary, upon request, any existing facilities available
for the housing and care of alien families, and shall construct such facilities
if necessary and consistent with law. The Secretary, to the extent permitted
by law, shall be responsible for reimbursement for the use of these facilities.
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(d) Heads of executive departments and agencies shall, to the extent con-
sistent with law, make available to the Secretary, for the housing and care
of alien families pending court proceedings for improper entry, any facilities
that are appropriate for such purposes. The Secretary, to the extent permitted
by law, shall be responsible for reimbursement for the use of these facilities.
(e) The Attorney General shall promptly file a request with the U.S.
District Court for the Central District of California to modify the Settlement
Agreement in Flores v. Sessions, CV 85–4544 (‘‘Flores settlement’’), in a
manner that would permit the Secretary, under present resource constraints,
to detain alien families together throughout the pendency of criminal pro-
ceedings for improper entry or any removal or other immigration proceedings.
Sec. 4. Prioritization of Immigration Proceedings Involving Alien Families.
The Attorney General shall, to the extent practicable, prioritize the adjudica-
tion of cases involving detained families.
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 in a manner 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 20, 2018.
[FR Doc. 2018–13696
Filed 6–22–18; 8:45 am]
Billing code 3295–F8–P
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Executive Order 13838 of May 25, 2018
Exemption From Executive Order 13658 for Recreational
Services on Federal Lands
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 ensure
that the Federal Government can economically and efficiently provide the
services that allow visitors of all means to enjoy the natural beauty of
Federal parks and other Federal lands, it is hereby ordered as follows:
Section 1. Policy. Executive Order 13658 of February 12, 2014 (Establishing
a Minimum Wage for Contractors), established a minimum wage to be paid
by parties who contract with the Federal Government and applies to outfitters
and guides operating on Federal lands. These individuals often conduct
multiday recreational tours through Federal lands, and may be required
to work substantial overtime hours. The implementation of Executive Order
13658 threatens to raise significantly the cost of guided hikes and tours
on Federal lands, preventing many visitors from enjoying the great beauty
of America’s outdoors. Seasonal recreational workers have irregular work
schedules, a high incidence of overtime pay, and an unusually high turnover
rate, among other distinguishing characteristics. As a consequence, a min-
imum wage increase would generally entail large negative effects on hours
worked by recreational service workers. Thus, applying Executive Order
13658 to these service contracts does not promote economy and efficiency
in making these services available to those who seek to enjoy our Federal
lands. That rationale, however, does not apply with the same force to lodging
and food services associated with seasonal recreational services, which gen-
erally involve more regular work schedules and normal amounts of overtime
work. Executive Order 13658 therefore should continue to apply to lodging
and food services associated with seasonal recreational services.
Sec. 2. Exemption from Executive Order 13658. Section 7(f) of Executive
Order 13658 is amended by inserting at its end the following language:
‘‘This order shall not apply to contracts or contract-like instruments entered
into with the Federal Government in connection with seasonal recreational
services or seasonal recreational equipment rental for the general public
on Federal lands, but this exemption shall not apply to lodging and food
services associated with seasonal recreational services. Seasonal recreational
services include river running, hunting, fishing, horseback riding, camping,
mountaineering activities, recreational ski services, and youth camps.’’
Sec. 3. Agency Implementation. Executive departments and agencies (agen-
cies) shall promptly take appropriate action to implement this exemption
and to ensure that all applicable regulations and agency guidance are con-
sistent with this order. Agencies shall modify existing authorizations and
solicitations for contracts or contract-like instruments affected by section
2 of this order by removing clauses requiring compliance with Executive
Order 13658 (including the contract clause set forth at title 29, part 10,
appendix A, Code of Federal Regulations) as soon as practicable and con-
sistent with applicable law. Agencies shall remove such clauses without
impairing the recreational activities or uses authorized by those permits
and contracts.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
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(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 25, 2018.
[FR Doc. 2018–11936
Filed 5–31–18; 8:45 am]
Billing code 3295–F8–P
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Presidential Executive Order | 2018-11939 (13839) | Presidential Documents
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Executive Order 13839 of May 25, 2018
Promoting Accountability and Streamlining Removal Proce-
dures Consistent With Merit System Principles
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 1104(a)(1), 3301,
and 7301 of title 5, United States Code, and section 301 of title 3, United
States Code, and to ensure the effective functioning of the executive branch,
it is hereby ordered as follows:
Section 1. Purpose. Merit system principles call for holding Federal employ-
ees accountable for performance and conduct. They state that employees
should maintain high standards of integrity, conduct, and concern for the
public interest, and that the Federal workforce should be used efficiently
and effectively. They further state that employees should be retained based
on the adequacy of their performance, inadequate performance should be
corrected, and employees should be separated who cannot or will not im-
prove their performance to meet required standards. Unfortunately, imple-
mentation of America’s civil service laws has fallen far short of these ideals.
The Federal Employee Viewpoint Survey has consistently found that less
than one-third of Federal employees believe that the Government deals
with poor performers effectively. Failure to address unacceptable performance
and misconduct undermines morale, burdens good performers with subpar
colleagues, and inhibits the ability of executive agencies (as defined in
section 105 of title 5, United States Code, but excluding the Government
Accountability Office) (agencies) to accomplish their missions. This order
advances the ability of supervisors in agencies to promote civil servant
accountability consistent with merit system principles while simultaneously
recognizing employees’ procedural rights and protections.
Sec. 2. Principles for Accountability in the Federal Workforce. (a) Removing
unacceptable performers should be a straightforward process that minimizes
the burden on supervisors. Agencies should limit opportunity periods to
demonstrate acceptable performance under section 4302(c)(6) of title 5,
United States Code, to the amount of time that provides sufficient opportunity
to demonstrate acceptable performance.
(b) Supervisors and deciding officials should not be required to use progres-
sive discipline. The penalty for an instance of misconduct should be tailored
to the facts and circumstances.
(c) Each employee’s work performance and disciplinary history is unique,
and disciplinary action should be calibrated to the specific facts and cir-
cumstances of each individual employee’s situation. Conduct that justifies
discipline of one employee at one time does not necessarily justify similar
discipline of a different employee at a different time -- particularly where
the employees are in different work units or chains of supervision -- and
agencies are not prohibited from removing an employee simply because
they did not remove a different employee for comparable conduct. Nonethe-
less, employees should be treated equitably, so agencies should consider
appropriate comparators as they evaluate potential disciplinary actions.
(d) Suspension should not be a substitute for removal in circumstances
in which removal would be appropriate. Agencies should not require suspen-
sion of an employee before proposing to remove that employee, except
as may be appropriate under applicable facts.
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(e) When taking disciplinary action, agencies should have discretion to
take into account an employee’s disciplinary record and past work record,
including all past misconduct -- not only similar past misconduct. Agencies
should provide an employee with appropriate notice when taking a discipli-
nary action.
(f) To the extent practicable, agencies should issue decisions on proposed
removals taken under chapter 75 of title 5, United States Code, within
15 business days of the end of the employee reply period following a
notice of proposed removal.
(g) To the extent practicable, agencies should limit the written notice
of adverse action to the 30 days prescribed in section 7513(b)(1) of title
5, United States Code.
(h) The removal procedures set forth in chapter 75 of title 5, United
States Code (Chapter 75 procedures), should be used in appropriate cases
to address instances of unacceptable performance.
(i) A probationary period should be used as the final step in the hiring
process of a new employee. Supervisors should use that period to assess
how well an employee can perform the duties of a job. A probationary
period can be a highly effective tool to evaluate a candidate’s potential
to be an asset to an agency before the candidate’s appointment becomes
final.
(j) Following issuance of regulations under section 7 of this order, agencies
should prioritize performance over length of service when determining which
employees will be retained following a reduction in force.
Sec. 3. Standard for Negotiating Grievance Procedures. Whenever reasonable
in view of the particular circumstances, agency heads shall endeavor to
exclude from the application of any grievance procedures negotiated under
section 7121 of title 5, United States Code, any dispute concerning decisions
to remove any employee from Federal service for misconduct or unacceptable
performance. Each agency shall commit the time and resources necessary
to achieve this goal and to fulfill its obligation to bargain in good faith.
If an agreement cannot be reached, the agency shall, to the extent permitted
by law, promptly request the assistance of the Federal Mediation and Concil-
iation Service and, as necessary, the Federal Service Impasses Panel in
the resolution of the disagreement. Within 30 days after the adoption of
any collective bargaining agreement that fails to achieve this goal, the agency
head shall provide an explanation to the President, through the Director
of the Office of Personnel Management (OPM Director).
Sec. 4. Managing the Federal Workforce. To promote good morale in the
Federal workforce, employee accountability, and high performance, and to
ensure the effective and efficient accomplishment of agency missions and
the efficiency of the Federal service, to the extent consistent with law,
no agency shall:
(a) subject to grievance procedures or binding arbitration disputes con-
cerning:
(i) the assignment of ratings of record; or
(ii) the award of any form of incentive pay, including cash awards; quality
step increases; or recruitment, retention, or relocation payments;
(b) make any agreement, including a collective bargaining agreement:
(i) that limits the agency’s discretion to employ Chapter 75 procedures
to address unacceptable performance of an employee;
(ii) that requires the use of procedures under chapter 43 of title 5, United
States Code (including any performance assistance period or similar infor-
mal period to demonstrate improved performance prior to the initiation
of an opportunity period under section 4302(c)(6) of title 5, United States
Code), before removing an employee for unacceptable performance; or
(iii) that limits the agency’s discretion to remove an employee from Federal
service without first engaging in progressive discipline; or
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(c) generally afford an employee more than a 30-day period to demonstrate
acceptable performance under section 4302(c)(6) of title 5, United States
Code, except when the agency determines in its sole and exclusive discretion
that a longer period is necessary to provide sufficient time to evaluate
an employee’s performance.
Sec. 5. Ensuring Integrity of Personnel Files. Agencies shall not agree to
erase, remove, alter, or withhold from another agency any information about
a civilian employee’s performance or conduct in that employee’s official
personnel records, including an employee’s Official Personnel Folder and
Employee Performance File, as part of, or as a condition to, resolving a
formal or informal complaint by the employee or settling an administrative
challenge to an adverse personnel action.
Sec. 6. Data Collection of Adverse Actions. (a) For fiscal year 2018, and
for each fiscal year thereafter, each agency shall provide a report to the
OPM Director containing the following information:
(i) the number of civilian employees in a probationary period or otherwise
employed for a specific term who were removed by the agency;
(ii) the number of civilian employees reprimanded in writing by the agency;
(iii) the number of civilian employees afforded an opportunity period
by the agency under section 4302(c)(6) of title 5, United States Code,
breaking out the number of such employees receiving an opportunity
period longer than 30 days;
(iv) the number of adverse personnel actions taken against civilian employ-
ees by the agency, broken down by type of adverse personnel action,
including reduction in grade or pay (or equivalent), suspension, and re-
moval;
(v) the number of decisions on proposed removals by the agency taken
under chapter 75 of title 5, United States Code, not issued within 15
business days of the end of the employee reply period;
(vi) the number of adverse personnel actions by the agency for which
employees received written notice in excess of the 30 days prescribed
in section 7513(b)(1) of title 5, United States Code;
(vii) the number and key terms of settlements reached by the agency
with civilian employees in cases arising out of adverse personnel actions;
and
(viii) the resolutions of litigation about adverse personnel actions involving
civilian employees reached by the agency.
(b) Compilation and submission of the data required by subsection (a)
of this section shall be conducted in accordance with all applicable laws,
including those governing privacy and data security.
(c) To enhance public accountability of agencies for their management
of the Federal workforce, the OPM Director shall, consistent with applicable
law, publish the information received under subsection (a) of this section,
at the minimum level of aggregation necessary to protect personal privacy.
The OPM Director may withhold particular information if publication would
unduly risk disclosing information protected by law, including personally
identifiable information.
(d) Within 60 days of the date of this order, the OPM Director shall
issue guidance regarding the implementation of this section, including with
respect to any exemptions necessary for compliance with applicable law
and the reporting format for submissions required by subsection (a) of this
section.
Sec. 7. Implementation. (a) Within 45 days of the date of this order, the
OPM Director shall examine whether existing regulations effectuate the prin-
ciples set forth in section 2 of this order and the requirements of sections
3, 4, 5, and 6 of this order. To the extent necessary or appropriate, the
OPM Director shall, as soon as practicable, propose for notice and public
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comment appropriate regulations to effectuate the principles set forth in
section 2 of this order and the requirements of sections 3, 4, 5, and 6
of this order.
(b) The head of each agency shall take steps to conform internal agency
discipline and unacceptable performance policies to the principles and re-
quirements of this order. To the extent consistent with law, each agency
head shall:
(i) within 45 days of this order, revise its discipline and unacceptable
performance policies to conform to the principles and requirements of
this order, in areas where new final Office of Personnel Management
(OPM) regulations are not required, and shall further revise such policies
as necessary to conform to any new final OPM regulations, within 45
days of the issuance of such regulations; and
(ii) renegotiate, as applicable, any collective bargaining agreement provi-
sions that are inconsistent with any part of this order or any final OPM
regulations promulgated pursuant to this order. Each agency shall give
any contractually required notice of its intent to alter the terms of such
agreement and reopen negotiations. Each agency shall, to the extent con-
sistent with law, subsequently conform such terms to the requirements
of this order, and to any final OPM regulations issued pursuant to this
order, on the earliest practicable date permitted by law.
(c) Within 15 months of the adoption of any final rules issued pursuant
to subsection (a) of this section, the OPM Director shall submit to the
President a report, through the Director of the Office of Management and
Budget, evaluating the effect of those rules, including their effect on the
ability of Federal supervisors to hold employees accountable for their per-
formance.
(d) Within a reasonable amount of time following the adoption of any
final rules issued pursuant to subsection (a) of this section, the OPM Director
and the Chief Human Capital Officers Council shall undertake a Government-
wide initiative to educate Federal supervisors about holding employees ac-
countable for unacceptable performance or misconduct under those rules.
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) Agencies shall consult with employee labor representatives about the
implementation of this order. Nothing in this order shall abrogate any collec-
tive bargaining agreement in effect on the date of this order.
(c) This order shall be implemented 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
party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
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(e) If any provision of this order, including any of its applications, is
held to be invalid, the remainder of this order and all of its other applications
shall not be affected thereby.
THE WHITE HOUSE,
May 25, 2018.
[FR Doc. 2018–11939
Filed 5–31–18; 8:45 am]
Billing code 3295–F8–P
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| Promoting Accountability and Streamlining Removal Procedures Consistent With Merit System Principles | 2018-05-25T00:00:00 | ed62b9da602e37bb16a815fc3ab0d9627ec89f4575b17948429614d300193aaf |
Presidential Executive Order | 2018-11335 (13835) | Presidential Documents
24001
Federal Register
Vol. 83, No. 101
Thursday, May 24, 2018
Title 3—
The President
Executive Order 13835 of May 21, 2018
Prohibiting Certain Additional Transactions With Respect to
Venezuela
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,
in order to take additional steps with respect to the national emergency
declared in Executive Order 13692 of March 8, 2015, and relied upon
for additional steps taken in Executive Order 13808 of August 24, 2017
and Executive Order 13827 of March 19, 2018, particularly in light of the
recent activities of the Maduro regime, including endemic economic mis-
management and public corruption at the expense of the Venezuelan people
and their prosperity, and ongoing repression of the political opposition;
attempts to undermine democratic order by holding snap elections that
are neither free nor fair; and the regime’s responsibility for the deepening
humanitarian and public health crisis in Venezuela, hereby order as follows:
Section 1. (a) All transactions related to, provision of financing for, and
other dealings in the following by a United States person or within the
United States are prohibited:
(i) the purchase of any debt owed to the Government of Venezuela, includ-
ing accounts receivable;
(ii) any debt owed to the Government of Venezuela that is pledged as
collateral after the effective date of this order, including accounts receiv-
able; and
(iii) the sale, transfer, assignment, or pledging as collateral by the Govern-
ment of Venezuela of any equity interest in any entity in which the
Government of Venezuela has a 50 percent or greater ownership interest.
(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 effective
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 ‘‘person’’ means an individual or entity;
(b) The term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) 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
of such entities), or any person within the United States; and
(d) the term ‘‘Government of Venezuela’’ means the Government of Ven-
ezuela, any political subdivision, agency, or instrumentality thereof, includ-
ing the Central Bank of Venezuela and Petroleos de Venezuela, S.A. (PdVSA),
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and any person owned or controlled by, or acting for or on behalf of,
the Government of Venezuela.
Sec. 4. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including promulgating
rules and regulations, and to employ all powers granted to the President
by IEEPA as may be necessary to implement this order. The Secretary
of the Treasury may, consistent with applicable law, re-delegate any of
these functions to other officers and executive departments and agencies
of the United States Government. All agencies of the United States Govern-
ment shall take all appropriate measures within their authority to carry
out the provisions of this order.
Sec. 5. 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.
Sec. 6. This order is effective at 12:30 p.m. eastern daylight time on May
21, 2018.
THE WHITE HOUSE,
May 21, 2018.
[FR Doc. 2018–11335
Filed 5–23–18; 8:45 am]
Billing code 3295–F8–P
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| Prohibiting Certain Additional Transactions With Respect to Venezuela | 2018-05-21T00:00:00 | 64f4a2f1e8df30727322390fa909853c691fb639491d1fef1e4d5b12684f198a |
Presidential Executive Order | 2018-10403 (13832) | Presidential Documents
22343
Federal Register
Vol. 83, No. 93
Monday, May 14, 2018
Title 3—
The President
Executive Order 13832 of May 9, 2018
Enhancing Noncompetitive Civil Service Appointments of
Military Spouses
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 1784 of title 10,
United States Code, and sections 3301 and 3302 of title 5, United States
Code, it is hereby ordered as follows:
Section 1. Definitions. (a) ‘‘Military spouse’’ means:
(i) the husband or wife of a member of the Armed Forces who, as deter-
mined by the Secretary of Defense, is performing active duty pursuant
to orders that authorize a permanent change of station move, if such
husband or wife relocates to the member’s new permanent duty station;
(ii) the husband or wife of a totally disabled retired or separated member
of the Armed Forces; or
(iii) the unremarried widow or widower of a member of the Armed Forces
killed while performing active duty.
(b) ‘‘Member of the Armed Forces’’ has the meaning set forth in 5 CFR
315.612(b)(4).
(c) ‘‘Agency’’ has the meaning set forth in section 3330d of title 5, United
States Code.
(d) ‘‘Military spouse hiring authority’’ shall refer to the appointment author-
ity set forth in 5 U.S.C. 3330d and 5 CFR 315.612.
Sec. 2. Policy. (a) Military spouses make critical contributions to the personal
and financial success of our military families. Military service of spouses,
however, often impairs the spouse’s ability to obtain and maintain employ-
ment, and to achieve career goals. Multiple and frequent relocations make
it challenging for military spouses to maintain the home front, to comply
with licensure and other job requirements, and to obtain adequate childcare.
(b) It shall be the policy of the United States to enhance employment
support for military spouses. This policy will assist agencies in tapping
into a pool of talented individuals and will promote the national interest
of the United States and the well-being of our military families. It will
also help retain members of the Armed Forces, enhance military readiness,
recognize the tremendous sacrifices and service of the members of our
Armed Forces and their families, and decrease the burden of regulations
that can inhibit the entry of military spouses into the workforce.
Sec. 3. Promoting Hiring for Military Spouses. (a) To the greatest extent
possible consistent with hiring needs, agencies shall, when filling vacant
positions in the competitive service, indicate in job opportunity announce-
ments (JOAs) that they will consider candidates under the military spouse
hiring authority in addition to candidates identified on the competitive
or merit promotion certificate for the position as well as those candidates
identified through any other hiring authority a JOA indicates an agency
will consider.
(b) Agencies shall actively advertise and promote the military spouse
hiring authority and actively solicit applications from military spouses for
posted and other agency positions (including through USAJOBS).
(c) The Office of Personnel Management (OPM) shall consider whether
changes to 5 CFR 315.612 are appropriate to account for cases in which
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there are no agency job openings within the geographic area of the permanent
duty station of the member of the Armed Forces for which the member’s
spouse is qualified.
(d) OPM shall also periodically circulate notifications concerning the mili-
tary spouse hiring authority and its eligibility requirements to each agency’s
Chief Human Capital Officer or the agency’s equivalent officer, for such
officer to transmit to appropriate offices and to notify eligible populations.
Within 180 days of the date of this order, OPM shall post to its website,
and circulate to each agency’s Chief Human Capital Officer or the agency’s
equivalent officer, information about the military spouse hiring authority.
That posting shall include a discussion of section 1131 of the National
Defense Authorization Act for Fiscal Year 2017, Public Law 114–328, which
amended 5 U.S.C. 3330d(c) to eliminate the time limitation on noncompeti-
tive appointment for a relocating spouse of a member of the Armed Forces.
(e) Within 180 days of the date of this order, OPM shall educate agencies
concerning the military spouse hiring authority and ensure human resources
personnel and hiring managers are briefed on techniques for its effective
use. Concurrently, within 180 days of the date of this order, OPM shall
provide any additional clarifying guidance it deems appropriate to agencies
on provisions of the Telework Enhancement Act of 2010, Public Law 111–
292, and agencies shall ensure that human resources personnel and hiring
managers are briefed as needed on techniques for the effective use of telework.
(f) Beginning in Fiscal Year 2019, agencies shall report annually (by Decem-
ber 31 of each year) to OPM and the Department of Labor the number
of positions made available under the military spouse hiring authority, the
number of applications submitted under the military spouse hiring authority,
and the number of military spouses appointed under the military spouse
hiring authority during the preceding fiscal year. Such report shall also
describe actions taken during that period to advertise the military spouse
hiring authority, as well as any other actions taken to promote the hiring
of military spouses.
Sec. 4. Administrative Provisions. (a) The Director of OPM shall administer
this order and shall, in coordination with the Secretary of Labor, through
the Assistant to the President for Domestic Policy, provide an annual report
to the President regarding the implementation of this order and any rec-
ommendations for improving the hiring of military spouses, including steps
to enhance the effectiveness of the military spouse hiring authority.
(b) The annual report described in subsection (a) of this section shall
also include recommendations, developed in consultation with the Secretary
of Defense and the Secretary of Homeland Security, for actions that could
be taken to improve license portability and remove barriers to the employ-
ment of military spouses.
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.
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(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 9, 2018.
[FR Doc. 2018–10403
Filed 5–11–18; 11:15 am]
Billing code 3295–F8–P
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Presidential Executive Order | 2018-10855 (13833) | Presidential Documents
23345
Federal Register
Vol. 83, No. 97
Friday, May 18, 2018
Title 3—
The President
Executive Order 13833 of May 15, 2018
Enhancing the Effectiveness of Agency Chief Information Offi-
cers
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 spends more than $90 billion
annually on information technology (IT). The vast majority of this sum
is consumed in maintaining legacy IT infrastructure that is often ineffective
and more costly than modern technologies. Modern IT systems would enable
agencies to reduce costs, mitigate cybersecurity risks, and deliver improved
services to the American people. While the recently enacted Modernizing
Government Technology Act will provide needed financial resources to help
transition agencies to more effective, efficient, and secure technologies, more
can be done to improve management of IT resources. Department and agency
(agency) Chief Information Officers (CIOs) generally do not have adequate
visibility into, or control over, their agencies’ IT resources, resulting in
duplication, waste, and poor service delivery. Enhancing the effectiveness
of agency CIOs will better position agencies to modernize their IT systems,
execute IT programs more efficiently, reduce cybersecurity risks, and serve
the American people well.
Sec. 2. Policy. It is the policy of the executive branch to:
(a) empower agency CIOs to ensure that agency IT systems are secure,
efficient, accessible, and effective, and that such systems enable agencies
to accomplish their missions;
(b) modernize IT infrastructure within the executive branch and meaning-
fully improve the delivery of digital services; and
(c) improve the management, acquisition, and oversight of Federal IT.
Sec. 3. Definitions. For purposes of this order:
(a) the term ‘‘covered agency’’ means an agency listed in 31 U.S.C. 901(b),
other than the Department of Defense or any agency considered to be an
‘‘independent regulatory agency’’ as defined in 44 U.S.C. 3502(5);
(b) the term ‘‘information technology’’ has the meaning given that term
in 40 U.S.C. 11101(6);
(c) the term ‘‘Chief Information Officer’’ or ‘‘CIO’’ means the individual
within a covered agency as described in 40 U.S.C. 11315;
(d) the term ‘‘component Chief Information Officer’’ or ‘‘component CIO’’
means an individual in a covered agency, other than the CIO referred to
in subsection (c) of this section, who has the title Chief Information Officer,
or who functions in the capacity of a CIO, and has IT management authorities
over a component of the agency similar to those the CIO has over the
entire agency;
(e) the term ‘‘IT position’’ means a position within the job family standard
for the Information Technology Management Series, GS–2210, as defined
by the Office of Personnel Management (OPM) in the Handbook of Occupa-
tional Groups and Families and related guidance.
Sec. 4. Emphasizing Chief Information Officer Duties and Responsibilities.
The head of each covered agency shall take all necessary and appropriate
action to ensure that:
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(a) consistent with 44 U.S.C. 3506(a)(2), the CIO of the covered agency
reports directly to the agency head, such that the CIO has direct access
to the agency head regarding all programs that include IT;
(b) consistent with 40 U.S.C. 11315(b), and to promote the effective, effi-
cient, and secure use of IT to accomplish the agency’s mission, the CIO
serves as the primary strategic advisor to the agency head concerning the
use of IT;
(c) consistent with 40 U.S.C. 11319(b)(1)(A), the CIO has a significant
role, including, as appropriate, as lead advisor, in all annual and multi-
year planning, programming, budgeting, and execution decisions, as well
as in all management, governance, and oversight processes related to IT;
and
(d) consistent with 40 U.S.C. 11319(b)(2) and other applicable law, the
CIO of the covered agency approves the appointment of any component
CIO in that agency.
Sec. 5. Agency-wide IT Consolidation. Consistent with the purposes of Execu-
tive Order 13781 of March 13, 2017 (Comprehensive Plan for Reorganizing
the Executive Branch), the head of each covered agency shall take all nec-
essary and appropriate action to:
(a) eliminate unnecessary IT management functions;
(b) merge or reorganize agency IT functions to promote agency-wide con-
solidation of the agency’s IT infrastructure, taking into account any rec-
ommendations of the relevant agency CIO; and
(c) increase use of industry best practices, such as the shared use of
IT solutions within agencies and across the executive branch.
Sec. 6. Strengthening Cybersecurity. Consistent with the purposes of Execu-
tive Order 13800 of May 11, 2017 (Strengthening the Cybersecurity of Federal
Networks and Critical Infrastructure), the head of each covered agency shall
take all necessary and appropriate action to ensure that:
(a) the CIO, as the principal advisor to the agency head for the management
of IT resources, works closely with an integrated team of senior executives
with expertise in IT, security, budgeting, acquisition, law, privacy, and
human resources to implement appropriate risk management measures; and
(b) the agency prioritizes procurement of shared IT services, including
modern email and other cloud-based services, where possible and to the
extent permitted by law.
Sec. 7. Knowledge and Skill Standards for IT Personnel. The head of each
covered agency shall take all necessary and appropriate action to ensure
that:
(a) consistent with 40 U.S.C. 11315(c)(3), the CIO assesses and advises
the agency head regarding knowledge and skill standards established for
agency IT personnel;
(b) the established knowledge and skill standards are included in the
performance standards and reflected in the performance evaluations of all
component CIOs, and that the CIO is responsible for that portion of the
evaluation; and
(c) all component CIOs apply those standards within their own compo-
nents.
Sec. 8. Chief Information Officer Role on IT Governance Boards. Wherever
appropriate and consistent with applicable law, the head of each covered
agency shall ensure that the CIO shall be a member of any investment
or related board of the agency with purview over IT, or any board responsible
for setting agency-wide IT standards. The head of each covered agency
shall also, as appropriate and consistent with applicable law, direct the
CIO to chair any such board. To the extent any such board operates through
member votes, the head of each covered agency shall also, as appropriate
and consistent with applicable law, direct the CIO to fulfill the role of
voting member.
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Sec. 9. Chief Information Officer Hiring Authorities. The Director of OPM
(Director) shall publish a proposed rule delegating to the head of each
covered agency authority to determine whether there is a severe shortage
of candidates (or, with respect to the Department of Veterans Affairs, that
there exists a severe shortage of highly qualified candidates), or that a
critical hiring need exists, for IT positions at the covered agency pursuant
to 5 U.S.C. 3304(a)(3), under criteria established by OPM.
(a) Such proposed rule shall provide that, upon an affirmative determina-
tion by the head of a covered agency that there is a severe shortage of
candidates (or, with respect to the Department of Veterans Affairs, that
there exists a severe shortage of highly qualified candidates), or that a
critical hiring need exists for IT positions, under the criteria established
by OPM, the Director shall, within 30 days, grant that agency direct hiring
authority for IT positions.
(b) Such proposed rule shall further provide that employees hired using
this authority may not be transferred to positions that are not IT positions;
that the employees shall initially be given term appointments not to exceed
4 years; and that the terms of such employees may be extended up to
4 additional years at the discretion of the hiring agency.
(c) The Director shall submit the proposed rule for publication within
30 days of the date of this order.
Sec. 10. Guidance. The Director of the Office of Management and Budget
shall amend or replace relevant guidance, as appropriate, to agencies to
reflect the requirements of this order.
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.
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(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 15, 2018.
[FR Doc. 2018–10855
Filed 5–17–18; 11:15 am]
Billing code 3295–F8–P
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Presidential Executive Order | 2018-08272 (13829) | Presidential Documents
17281
Federal Register
Vol. 83, No. 75
Wednesday, April 18, 2018
Title 3—
The President
Executive Order 13829 of April 12, 2018
Task Force on the United States Postal System
By the authority vested in me as President by the Constitution and the
laws of the United States of America, I hereby order the following:
Section 1. Policy. (a) The United States Postal Service (USPS) accounts
for almost half of global mail volume and is regularly cited as the Federal
agency with the highest public approval rating. However, a number of factors,
including the steep decline in First-Class Mail volume, coupled with legal
mandates that compel the USPS to incur substantial and inflexible costs,
have resulted in a structural deficit where revenues are no longer sufficient
to fund the pension liabilities and retiree health obligations owed to current
employees. The USPS is on an unsustainable financial path and must be
restructured to prevent a taxpayer-funded bailout. This finding is supported
by the following considerations, among others:
(i) the USPS has incurred $65 billion of cumulative losses since the
2007–2009 recession;
(ii) the USPS has been unable to make payments required by law for
its retiree health benefit obligations, which totaled more than $38 billion
at the end of fiscal year 2017; and
(iii) the Government Accountability Office has had the USPS on its high-
risk list since 2009 because of a serious financial situation that puts
the USPS mission of providing prompt, reliable, and efficient universal
mail services at risk.
(b) It shall be the policy of my Administration that the United States
postal system operate under a sustainable business model to provide nec-
essary mail services to citizens and businesses, and to compete fairly in
commercial markets.
Sec. 2. Establishment. (a) There is hereby established a Task Force on
the United States Postal Service (Task Force), to be chaired by the Secretary
of the Treasury, as Secretary and as Chairman of the Federal Financing
Bank, or his designee, to evaluate the operations and finances of the USPS.
In addition to the Chair of the Task Force (Chair), the Task Force shall
be composed of the following department and agency heads, or their des-
ignees:
(i) the Director of the Office of Management and Budget;
(ii) the Director of the Office of Personnel Management; and
(iii) any other department and agency head the Chair may designate.
(b) The Task Force shall consult with the Postmaster General and the
Chairman of the Postal Regulatory Commission.
(c) The Task Force shall also engage:
(i) the Attorney General, on issues relating to government monopolies
operating in the commercial marketplace;
(ii) the Secretary of Labor, on issues related to workers compensation
programs; and
(iii) State, local, and tribal officials as determined by the Chair of the
Task Force with input from the Task Force members.
(d) The Task Force shall meet as required by the Chair and, unless extended
by the Chair, shall be dissolved once it has accomplished the objectives
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set forth in sections 3 and 4, as determined by the Chair, and completed
the report described in section 5 of this order.
Sec. 3. Evaluation. The Task Force shall conduct a thorough evaluation
of the operations and finances of the USPS, including:
(i) the expansion and pricing of the package delivery market and the
USPS’s role in competitive markets;
(ii) the decline in mail volume and its implications for USPS self-financing
and the USPS monopoly over letter delivery and mailboxes;
(iii) the definition of the ‘‘universal service obligation’’ in light of changes
in technology, e-commerce, marketing practices, and customer needs;
(iv) the USPS role in the U.S. economy and in rural areas, communities,
and small towns; and
(v) the state of the USPS business model, workforce, operations, costs,
and pricing.
Sec. 4. Recommendations for Reform. The Task Force shall develop rec-
ommendations for administrative and legislative reforms to the United States
postal system.
(a) Such recommendations shall promote our Nation’s commerce and com-
munication without shifting additional costs to taxpayers. The recommenda-
tions shall be developed in a manner that is consistent with the proposed
plan to reorganize the executive branch as required by Executive Order
13781 of March 13, 2017.
(b) Such recommendations shall also consider the views of the USPS
workforce; commercial, non-profit, and residential users of the USPS services;
and competitors in the marketplace.
Sec. 5. Report. The Task Force, acting through the Chair and the Director
of the Office of Management and Budget, shall submit a report to the
President, in coordination with the Directors of the Domestic Policy and
National Economic Councils, not later than 120 days after the date of this
order. In its report, the Task Force shall summarize its findings and rec-
ommendations under sections 3 and 4 of this order.
Sec. 6. Administration. The Federal Financing Bank shall provide administra-
tive support and funding for the Task Force.
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.
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(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 12, 2018.
[FR Doc. 2018–08272
4–17–18; 11:15 am]
Billing code 3295–F8–P
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| Task Force on the United States Postal System | 2018-04-12T00:00:00 | 3da5345185677602903ad8cd3ad417c7a071ea2e3d6bee2ae50b2b11b6552b32 |
Presidential Executive Order | 2018-05916 (13827) | Presidential Documents
12469
Federal Register
Vol. 83, No. 55
Wednesday, March 21, 2018
Title 3—
The President
Executive Order 13827 of March 19, 2018
Taking Additional Steps to Address the Situation in Ven-
ezuela
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, in order
to take additional steps with respect to the national emergency declared
in Executive Order 13692 of March 8, 2015, and relied upon for additional
steps taken in Executive Order 13808 of August 24, 2017, and in light
of recent actions taken by the Maduro regime to attempt to circumvent
U.S. sanctions by issuing a digital currency in a process that Venezuela’s
democratically elected National Assembly has denounced as unlawful, hereby
order as follows:
Section 1. (a) All transactions related to, provision of financing for, and
other dealings in, by a United States person or within the United States,
any digital currency, digital coin, or digital token, that was issued by,
for, or on behalf of the Government of Venezuela on or after January 9,
2018, are prohibited as of the effective date of 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 effective
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 ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) 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
of such entities), or any person within the United States; and
(d) the term ‘‘Government of Venezuela’’ means the Government of Ven-
ezuela, any political subdivision, agency, or instrumentality thereof, includ-
ing the Central Bank of Venezuela and Petroleos de Venezuela, S.A. (PdVSA),
and any person owned or controlled by, or acting for or on behalf of,
the Government of Venezuela.
Sec. 4. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including promulgating
rules and regulations, and to employ all powers granted to the President
by IEEPA as may be necessary to implement this order. The Secretary
of the Treasury may, consistent with applicable law, redelegate any of these
functions to other officers and executive departments and agencies of the
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United States Government. All agencies of the United States Government
shall take all appropriate measures within their authority to carry out the
provisions of this order.
Sec. 5. For those persons whose property and interests in property are
affected by 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 taken pursu-
ant to this order would render those measures ineffectual. I therefore deter-
mine that for these measures to be effective in addressing the national
emergency declared in Executive Order 13692, there need be no prior notice
given for implementation of this order.
Sec. 6. 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.
Sec. 7. This order is effective at 12:15 p.m. eastern daylight time on March
19, 2018.
THE WHITE HOUSE,
March 19, 2018.
[FR Doc. 2018–05916
3–20–18; 11:15 am]
Billing code 3295–F8–P
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| Taking Additional Steps to Address the Situation in Venezuela | 2018-03-19T00:00:00 | 43d07cfcfe9981a6295738aeda75b936e0df793c8dd6f138128f30094ef0f2b5 |
Presidential Executive Order | 2018-07874 (13828) | Presidential Documents
15941
Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Presidential Documents
Executive Order 13828 of April 10, 2018
Reducing Poverty in America by Promoting Opportunity and
Economic Mobility
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to promote economic mobility,
strong social networks, and accountability to American taxpayers, it is hereby
ordered as follows:
Section 1. Purpose. The United States and its Constitution were founded
on the principles of freedom and equal opportunity for all. To ensure that
all Americans would be able to realize the benefits of those principles,
especially during hard times, the Government established programs to help
families with basic unmet needs. Unfortunately, many of the programs de-
signed to help families have instead delayed economic independence, perpet-
uated poverty, and weakened family bonds. While bipartisan welfare reform
enacted in 1996 was a step toward eliminating the economic stagnation
and social harm that can result from long-term Government dependence,
the welfare system still traps many recipients, especially children, in poverty
and is in need of further reform and modernization in order to increase
self-sufficiency, well-being, and economic mobility.
Sec. 2. Policy. (a) In 2017, the Federal Government spent more than $700
billion on low-income assistance. Since its inception, the welfare system
has grown into a large bureaucracy that might be susceptible to measuring
success by how many people are enrolled in a program rather than by
how many have moved from poverty into financial independence. This
is not the type of system that was envisioned when welfare programs were
instituted in this country. The Federal Government’s role is to clear paths
to self-sufficiency, reserving public assistance programs for those who are
truly in need. The Federal Government should do everything within its
authority to empower individuals by providing opportunities for work, in-
cluding by investing in Federal programs that are effective at moving people
into the workforce and out of poverty. It must examine Federal policies
and programs to ensure that they are consistent with principles that are
central to the American spirit—work, free enterprise, and safeguarding human
and economic resources. For those policies or programs that are not suc-
ceeding in those respects, it is our duty to either improve or eliminate
them.
(b) It shall be the policy of the Federal Government to reform the welfare
system of the United States so that it empowers people in a manner that
is consistent with applicable law and the following principles, which shall
be known as the Principles of Economic Mobility:
(i) Improve employment outcomes and economic independence (including
by strengthening existing work requirements for work-capable people and
introducing new work requirements when legally permissible);
(ii) Promote strong social networks as a way of sustainably escaping poverty
(including through work and marriage);
(iii) Address the challenges of populations that may particularly struggle
to find and maintain employment (including single parents, formerly incar-
cerated individuals, the homeless, substance abusers, individuals with
disabilities, and disconnected youth);
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(iv) Balance flexibility and accountability both to ensure that State, local,
and tribal governments, and other institutions, may tailor their public
assistance programs to the unique needs of their communities and to
ensure that welfare services and administering agencies can be held ac-
countable for achieving outcomes (including by designing and tracking
measures that assess whether programs help people escape poverty);
(v) Reduce the size of bureaucracy and streamline services to promote
the effective use of resources;
(vi) Reserve benefits for people with low incomes and limited assets;
(vii) Reduce wasteful spending by consolidating or eliminating Federal
programs that are duplicative or ineffective;
(viii) Create a system by which the Federal Government remains updated
on State, local, and tribal successes and failures, and facilitates access
to that information so that other States and localities can benefit from
it; and
(ix) Empower the private sector, as well as local communities, to develop
and apply locally based solutions to poverty.
(c) As part of our pledge to increase opportunities for those in need,
the Federal Government must first enforce work requirements that are re-
quired by law. It must also strengthen requirements that promote obtaining
and maintaining employment in order to move people to independence.
To support this focus on employment, the Federal Government should:
(i) review current federally funded workforce development programs. If
more than one executive department or agency (agency) administers pro-
grams that are similar in scope or population served, they should be
consolidated, to the extent permitted by law, into the agency that is
best equipped to fulfill the expectations of the programs, while ineffective
programs should be eliminated; and
(ii) invest in effective workforce development programs and encourage,
to the greatest extent possible, entities that have demonstrated success
in equipping participants with skills necessary to obtain employment that
enables them to financially support themselves and their families in today’s
economy.
(d) It is imperative to empower State, local, and tribal governments and
private-sector entities to effectively administer and manage public assistance
programs. Federal policies should allow local entities to develop and imple-
ment programs and strategies that are best for their respective communities.
Specifically, policies should allow the private sector, including community
and faith-based organizations, to create solutions that alleviate the need
for welfare assistance, promote personal responsibility, and reduce reliance
on government intervention and resources.
(i) To promote the proper scope and functioning of government, the Federal
Government must afford State, local, and tribal governments the freedom
to design and implement programs that better allocate limited resources
to meet different community needs.
(ii) States and localities can use such flexibility to devise and evaluate
innovative programs that serve diverse populations and families. States
and localities can also model their own initiatives on the successful pro-
grams of others. To achieve the right balance, Federal leaders must continue
to discuss opportunities to improve public assistance programs with State
and local leaders, including our Nation’s governors.
(e) The Federal Government owes it to Americans to use taxpayer dollars
for their intended purposes. Relevant agencies should establish clear metrics
that measure outcomes so that agencies administering public assistance pro-
grams can be held accountable. These metrics should include assessments
of whether programs help individuals and families find employment, increase
earnings, escape poverty, and avoid long-term dependence. Whenever pos-
sible, agencies should harmonize their metrics to facilitate easier cross-
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programmatic comparisons and to encourage further integration of service
delivery at the local level. Agencies should also adopt policies to ensure
that only eligible persons receive benefits and enforce all relevant laws
providing that aliens who are not otherwise qualified and eligible may
not receive benefits.
(i) All entities that receive funds should be required to guarantee the
integrity of the programs they administer. Technology and innovation
should drive initiatives that increase program integrity and reduce fraud,
waste, and abuse in the current system.
(ii) The Federal Government must support State, local, and tribal partners
by investing in tools to combat payment errors and verify eligibility for
program participants. It must also work alongside public and private part-
ners to assist recipients of welfare assistance to maximize access to services
and benefits that support paths to self-sufficiency.
Sec. 3. Review of Regulations and Guidance Documents. (a) The Secretaries
of the Treasury, Agriculture, Commerce, Labor, Health and Human Services,
Housing and Urban Development, Transportation, and Education (Secretaries)
shall:
(i) review all regulations and guidance documents of their respective agen-
cies relating to waivers, exemptions, or exceptions for public assistance
program eligibility requirements to determine whether such documents
are, to the extent permitted by law, consistent with the principles outlined
in this order;
(ii) review any public assistance programs of their respective agencies
that do not currently require work for receipt of benefits or services,
and determine whether enforcement of a work requirement would be
consistent with Federal law and the principles outlined in this order;
(iii) review any public assistance programs of their respective agencies
that do currently require work for receipt of benefits or services, and
determine whether the enforcement of such work requirements is consistent
with Federal law and the principles outlined in this order;
(iv) within 90 days of the date of this order, and based on the reviews
required by this section, submit to the Director of the Office of Management
and Budget and the Assistant to the President for Domestic Policy a
list of recommended regulatory and policy changes and other actions
to accomplish the principles outlined in this order; and
(v) not later than 90 days after submission of the recommendations required
by section 3(a)(iv) of this order, and in consultation with the Director
of the Office of Management and Budget and the Assistant to the President
for Domestic Policy, take steps to implement the recommended administra-
tive actions.
(b) Within 90 days of the date of this order, the Secretaries shall each
submit a report to the President, through the Director of the Office of
Management and Budget and the Assistant to the President for Domestic
Policy, that:
(i) states how their respective agencies are complying with 8 U.S.C. 1611(a),
which provides that an alien who is not a ‘‘qualified alien’’ as defined
by 8 U.S.C. 1641 is, subject to certain statutorily defined exceptions,
not eligible for any Federal public benefit as defined by 8 U.S.C. 1611(c);
(ii) provides a list of Federal benefit programs that their respective agencies
administer that are restricted pursuant to 8 U.S.C. 1611; and
(iii) provides a list of Federal benefit programs that their respective agencies
administer that are not restricted pursuant to 8 U.S.C. 1611.
Sec. 4. Definitions. For the purposes of this order:
(a) the terms ‘‘individuals,’’ ‘‘families,’’ and ‘‘persons’’ mean any United
States citizen, lawful permanent resident, or other lawfully present alien
who is qualified to or otherwise may receive public benefits;
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(b) the terms ‘‘work’’ and ‘‘workforce’’ include unsubsidized employment,
subsidized employment, job training, apprenticeships, career and technical
education training, job searches, basic education, education directly related
to current or future employment, and workfare; and
(c) the terms ‘‘welfare’’ and ‘‘public assistance’’ include any program that
provides means-tested assistance, or other assistance that provides benefits
to people, households, or families that have low incomes (i.e., those making
less than twice the Federal poverty level), the unemployed, or those out
of the labor force.
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,
April 10, 2018.
[FR Doc. 2018–07874
Filed 4–12–18; 8:45 am]
Billing code 3295–F8–P
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| Reducing Poverty in America by Promoting Opportunity and Economic Mobility | 2018-04-10T00:00:00 | 5693432b2ef5032ba42885df0a64e6da290917f3a1b83895fe48100b7e57d348 |
Presidential Executive Order | 2018-11101 (13834) | Presidential Documents
23771
Federal Register
Vol. 83, No. 99
Tuesday, May 22, 2018
Title 3—
The President
Executive Order 13834 of May 17, 2018
Efficient Federal Operations
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 Congress has enacted a wide range of statutory require-
ments related to energy and environmental performance of executive depart-
ments and agencies (agencies), including with respect to facilities, vehicles,
and overall operations. It is the policy of the United States that agencies
shall meet such statutory requirements in a manner that increases efficiency,
optimizes performance, eliminates unnecessary use of resources, and protects
the environment. In implementing this policy, each agency shall prioritize
actions that reduce waste, cut costs, enhance the resilience of Federal infra-
structure and operations, and enable more effective accomplishment of its
mission.
Sec. 2. Goals for Agencies. In implementing the policy set forth in section
1 of this order, the head of each agency shall meet the following goals,
which are based on statutory requirements, in a cost-effective manner:
(a) Achieve and maintain annual reductions in building energy use and
implement energy efficiency measures that reduce costs;
(b) Meet statutory requirements relating to the consumption of renewable
energy and electricity;
(c) Reduce potable and non-potable water consumption, and comply with
stormwater management requirements;
(d) Utilize performance contracting to achieve energy, water, building
modernization, and infrastructure goals;
(e) Ensure that new construction and major renovations conform to applica-
ble building energy efficiency requirements and sustainable design principles;
consider building efficiency when renewing or entering into leases; imple-
ment space utilization and optimization practices; and annually assess and
report on building conformance to sustainability metrics;
(f) Implement waste prevention and recycling measures and comply with
all Federal requirements with regard to solid, hazardous, and toxic waste
management and disposal;
(g) Acquire, use, and dispose of products and services, including elec-
tronics, in accordance with statutory mandates for purchasing preference,
Federal Acquisition Regulation requirements, and other applicable Federal
procurement policies; and
(h) Track and, as required by section 7(b) of this order, report on energy
management activities, performance improvements, cost reductions, green-
house gas emissions, energy and water savings, and other appropriate per-
formance measures.
Sec. 3. Implementation and Immediate Actions. (a) The Chairman of the
Council on Environmental Quality (CEQ) and the Director of the Office
of Management and Budget (OMB) shall coordinate in developing, issuing,
and updating, as necessary, requirements and streamlined metrics to assess
agency progress in achieving the goals set forth in section 2 of this order.
(b) Within 90 days of the date of this order, the Secretary of Agriculture,
Secretary of Energy, Administrator of General Services, and the Administrator
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of the Environmental Protection Agency (EPA) shall review relevant Govern-
ment-wide guidance related to energy and environmental performance issued
by their respective agencies and shall, in conjunction with CEQ, develop
a plan and proposed timeline to modify, replace, or rescind such guidance,
as necessary, to facilitate implementation of this order.
(c) Within 120 days of the date of this order, the Secretary of Energy,
in coordination with the Secretary of Defense, the Administrator of General
Services, and the heads of other agencies as appropriate, shall review existing
Federal vehicle fleet requirements and report to the Chairman of CEQ and
the Director of OMB regarding opportunities to optimize Federal fleet per-
formance, reduce associated costs, and streamline reporting and compliance
requirements.
(d) Within 150 days of the date of this order, the Chairman of CEQ,
in coordination with the Director of OMB, shall review and, where needed,
revise existing CEQ guidance related to energy and environmental perform-
ance, and shall issue instructions for implementation of this order.
Sec. 4. Additional Duties of the Chairman of the Council on Environmental
Quality. In implementing the policy set forth in section 1 of this order,
the Chairman of CEQ shall:
(a) in coordination with the Director of OMB, continue to oversee the
Federal Interagency Sustainability Steering Committee (Steering Committee),
which shall continue in effect, and shall advise the Director of OMB and
the Chairman of CEQ regarding agency compliance with section 2 of this
order; and
(b) issue, as necessary and appropriate and in coordination with the Direc-
tor of OMB, additional guidance to assist agencies in implementing this
order.
Sec. 5. Additional Duties of the Director of the Office of Management and
Budget. In implementing the policy set forth in section 1 of this order,
the Director of OMB shall:
(a) issue, as necessary and after consultation with the Chairman of CEQ,
instructions, directions, and guidance to the heads of agencies concerning
evaluation of agency progress and performance related to the implementation
of this order; and
(b) prepare periodic scorecards evaluating agency performance and identify
additional actions needed to implement this order.
Sec. 6. Duties of the Federal Chief Sustainability Officer. A Federal Chief
Sustainability Officer, designated by the President, shall head an Office
of Federal Sustainability, which shall be maintained as an interagency envi-
ronmental project within CEQ, and for which EPA shall provide funding
through the Office of Environmental Quality Management Fund, 42 U.S.C.
4375. In implementing the policy set forth in section 1 of this order, the
Federal Chief Sustainability Officer shall:
(a) monitor progress and advise the Chairman of CEQ on agency perform-
ance and implementation of this order;
(b) lead the development of programs and policies to assist agencies in
implementing the goals of this order; and
(c) chair, convene, and preside at meetings and direct the work of the
Steering Committee.
Sec. 7. Duties of Heads of Agencies. In implementing the policy set forth
in section 1 of this order, the head of each agency shall:
(a) within 45 days of the date of this order, designate an agency Chief
Sustainability Officer—who shall be a senior civilian official, compensated
annually in an amount at or above the amount payable at level IV of
the Executive Schedule—and assign the designated official the authority
to perform duties relating to the implementation of this order within the
agency; and
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(b) report to the Chairman of CEQ and the Director of OMB regarding
agency implementation and progress toward the goals of this order and
relevant statutory requirements.
Sec. 8. Revocations. Executive Order 13693 of March 19, 2015 (Planning
for Federal Sustainability in the Next Decade), is revoked.
Sec. 9. Limitations. (a) This order shall apply only to agency activities,
personnel, resources, and facilities that are located within the United States.
The head of an agency may provide that this order shall apply in whole
or in part with respect to agency activities, personnel, resources, and facilities
that are not located within the United States, if the head of the agency
determines that such application is in the interest of the United States.
(b) The head of an agency shall manage agency activities, personnel,
resources, and facilities that are not located within the United States, and
with respect to which the head of the agency has not made a determination
under subsection (a) of this section, in a manner consistent with the policy
set forth in section 1 of this order, and to the extent the head of the
agency determines practicable.
Sec. 10. Exemption Authority. (a) The Director of National Intelligence may
exempt an intelligence activity of the United States—and related personnel,
resources, and facilities—from the provisions of this order, other than this
subsection, to the extent the Director determines necessary to protect intel-
ligence sources and methods from unauthorized disclosure.
(b) The head of an agency may exempt law enforcement activities of
that agency, and related personnel, resources, and facilities, from the provi-
sions of this order, other than this subsection, to the extent the head of
an agency determines necessary to protect undercover operations from unau-
thorized disclosure.
(c) The head of an agency may exempt law enforcement, protective, emer-
gency response, or military tactical vehicle fleets of that agency from the
provisions of this order, other than this subsection. Heads of agencies shall
manage fleets to which this paragraph refers in a manner consistent with
the policy set forth in section 1 of this order to the extent they determine
practicable.
(d) The head of an agency may exempt particular agency activities and
facilities from the provisions of this order, other than this subsection, if
it is in the interest of national security. If the head of an agency issues
an exemption under this subsection, the agency must notify the Chairman
of CEQ in writing within 30 days of issuance of that exemption. To the
maximum extent practicable, and without compromising national security,
each agency shall strive to comply with the purposes, goals, and implementa-
tion steps in this order.
(e) The head of an agency may submit to the President, through the
Chairman of CEQ, a request for an exemption of an agency activity, and
related personnel, resources, and facilities, from this order.
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 OMB relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented in a manner consistent with applicable
law and subject to the availability of appropriations.
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(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 17, 2018.
[FR Doc. 2018–11101
Filed 5–21–18; 11:15 am]
Billing code 3295–F8–P
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| Efficient Federal Operations | 2018-05-17T00:00:00 | 37d5213bd0191085eda7e0f670fc84854c315e50b3ae558647cffd7f561c9694 |
Presidential Executive Order | 2018-05113 (13826) | Presidential Documents
10771
Federal Register
Vol. 83, No. 48
Monday, March 12, 2018
Title 3—
The President
Executive Order 13826 of March 7, 2018
Federal Interagency Council on Crime Prevention and Im-
proving Reentry
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to maximize the impact
of Federal Government resources to keep our communities safe, it is hereby
ordered as follows:
Section 1. Purpose. The Federal Government must reduce crime, enhance
public safety, and increase opportunity, thereby improving the lives of all
Americans. In 2016, the violent crime rate in the United States increased
by 3.4 percent, the largest single-year increase since 1991. Additionally,
in 2016, there were more than 17,000 murders and nonnegligent
manslaughters in the United States, a more than 20 percent increase in
just 2 years. The Department of Justice, alongside State, local, and tribal
law enforcement, has focused its efforts on the most violent criminals.
Preliminary statistics indicate that, in the last year, the increase in the
murder rate slowed and the violent crime rate decreased.
To further improve public safety, we should aim not only to prevent crime
in the first place, but also to provide those who have engaged in criminal
activity with greater opportunities to lead productive lives. The Federal
Government can assist in breaking this cycle of crime through a comprehen-
sive strategy that addresses a range of issues, including mental health, voca-
tional training, job creation, after-school programming, substance abuse, and
mentoring. Incarceration is necessary to improve public safety, but its effec-
tiveness can be enhanced through evidence-based rehabilitation programs.
These efforts will lower recidivism rates, ease incarcerated individuals’ re-
entry into the community, reduce future incarceration costs, and promote
positive social and economic outcomes.
Sec. 2. Policy. It is the policy of the United States to prioritize efforts
to prevent youths and adults from entering or reentering the criminal justice
system. While investigating crimes and prosecuting perpetrators must remain
the top priority of law enforcement, crime reduction policy should also
include efforts to prevent crime in the first place and to lower recidivism
rates. These efforts should address a range of social and economic factors,
including poverty, lack of education and employment opportunities, family
dissolution, drug use and addiction, mental illness, and behavioral health
conditions. The Federal Government must harness and wisely direct its
considerable resources and broad expertise to identify and help implement
improved crime prevention strategies, including evidence-based practices
that reduce criminal activity among youths and adults. Through effective
coordination among executive departments and agencies (agencies), the Fed-
eral Government can have a constructive role in preventing crime and in
ensuring that the correctional facilities in the United States prepare inmates
to successfully reenter communities as productive, law-abiding members
of society.
Sec. 3. Establishment of the Federal Interagency Council on Crime Prevention
and Improving Reentry. (a) There is hereby established the Federal Inter-
agency Council on Crime Prevention and Improving Reentry (Council), co-
chaired by the Attorney General, the Assistant to the President for Domestic
Policy, and the Senior Advisor to the President in charge of the White
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House Office of American Innovation, or their respective designees. In addi-
tion to the Co-Chairs, the Council shall include the heads of the following
entities, or their designees:
(i) The Department of the Treasury;
(ii) The Department of the Interior;
(iii) The Department of Agriculture;
(iv) The Department of Commerce;
(v) The Department of Labor;
(vi) The Department of Health and Human Services;
(vii) The Department of Housing and Urban Development;
(viii) The Department of Education;
(ix) The Department of Veterans Affairs;
(x) The Office of Management and Budget; and
(xi) The Office of National Drug Control Policy.
(b) As appropriate, and consistent with applicable law, the Co-Chairs
may invite representatives of other agencies and Federal entities to participate
in the activities of the Council.
(c) As appropriate, the Co-Chairs may invite representatives of the judicial
branch to attend and participate in meetings of the Council.
(d) The Council shall engage with Federal, State, local, and tribal officials,
including correctional officials, to carry out its objectives. The Council shall
also engage with key stakeholders, such as law enforcement, faith-based
and community groups, businesses, associations, volunteers, and other stake-
holders that play a role in preventing youths and adults from entering
or reentering the criminal justice system.
(e) The Attorney General, in consultation with the Co-Chairs, shall des-
ignate an Executive Director, who shall be a full-time officer or employee
of the Department of Justice, to coordinate the day-to-day functions of the
Council.
(f) The Co-Chairs shall convene a meeting of the Council once per quarter.
(g) The Department of Justice shall provide such funding and administrative
support for the Council, to the extent permitted by law and within existing
appropriations, as may be necessary for the performance of its functions.
(h) To the extent permitted by law, including the Economy Act (31 U.S.C.
1535), and within existing appropriations, other agencies may detail staff
to the Council, or otherwise provide administrative support, in order to
advance the Council’s functions.
(i) The heads of agencies shall provide, as appropriate and to the extent
permitted by law, such assistance and information as the Council may
request to implement this order.
Sec. 4. Recommendations and Report. (a) The Council shall develop rec-
ommendations for evidence-based programmatic and other reforms, with
consideration and acknowledgment of potential resource limitations, to:
(i) help prevent, through programs that reduce unlawful behavior (such
as mental and behavioral health services), youths and adults from engaging
in criminal activity;
(ii) improve collaboration between Federal, State, local, and tribal govern-
ments through dissemination of evidence-based best practices to reduce
the rate of recidivism. In identifying these practices, the Council shall
consider factors such as:
(A) inmates’ access to education, educational testing, pre-apprentice-
ships, apprenticeships, career and technical education training, and work
programs;
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(B) inmates’ access to mentors and mentorship services during incarcer-
ation and as they transition back into the community;
(C) inmates’ access to mental and behavioral health services;
(D) treatment of substance abuse and addiction for inmates;
(E) documented trauma history assessments, victim services, violent
crime prevention, community-based trauma-informed programs, and do-
mestic violence and sexual violence support services;
(F) family support for inmates;
(G) available partnerships with law enforcement, faith-based and other
community organizations, businesses, associations, and other stakeholders,
especially through indirect funding mechanisms; and
(H) incentives for the private sector, small businesses, and other non-
governmental entities to create job opportunities for individuals, before
and after they enter the criminal justice system, using existing tax credit
programs;
(iii) analyze effective ways to overcome barriers or disincentives to partici-
pation in programs related to education, housing, job placement and licens-
ing, and other efforts to re-integrate offenders into society;
(iv) enhance coordination and reduce duplication of crime-prevention ef-
forts across the Federal Government in order to maximize effectiveness
and reduce costs to the taxpayer; and
(v) facilitate research in the areas described in this subsection, including
improved access to data for research and evaluation purposes.
(b) The Council shall develop and present to the President, through the
Assistant to the President for Domestic Policy:
(i) an initial report, submitted within 90 days of the date of this order,
outlining a timeline and steps that will be taken to fulfill the requirements
of this order; and
(ii) a full report detailing the Council’s recommendations, submitted within
1 year of the date of this order, and status updates on their implementation
for each year this order is in effect. The Council shall review and update
its recommendations periodically, as appropriate, and shall, through the
Assistant to the President for Domestic Policy, present to the President
any updated findings.
Sec. 5. Revocation. The Presidential Memorandum of April 29, 2016 (Pro-
moting Rehabilitation and Reintegration of Formerly Incarcerated Individ-
uals), is hereby revoked.
Sec. 6. Termination. This order (with the exceptions of sections 5 and
7) and the Council it establishes shall terminate 3 years after the date
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.
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(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, 2018.
[FR Doc. 2018–05113
Filed 3–9–18; 11:15 am]
Billing code 3295–F8–P
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| Federal Interagency Council on Crime Prevention and Improving Reentry | 2018-03-07T00:00:00 | 9fd372b934e1733314701a11c0d237bc9a29957b2aa89ad109056a0283495f2c |
Presidential Executive Order | 2018-04414 (13824) | Presidential Documents
8923
Federal Register
Vol. 83, No. 42
Friday, March 2, 2018
Title 3—
The President
Executive Order 13824 of February 26, 2018
President’s Council on Sports, Fitness, and Nutrition
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to promote the economic, academic,
and social benefits of youth sports, fitness, and nutrition, it is hereby ordered
as follows:
Section 1. Revocation. Executive Order 13545 of June 22, 2010, is hereby
revoked.
Sec. 2. Amendment. Executive Order 13265 of June 6, 2002, is hereby
amended as follows:
(a) The title is revised to read as follows: ‘‘President’s Council on Sports,
Fitness, and Nutrition.’’
(b) The preamble is revised to replace the phrase, ‘‘President’s Council
on Physical Fitness and Sports’’ with ‘‘President’s Council on Sports, Fitness,
and Nutrition.’’
(c) Sections 1 through 5 are revised to read as follows:
‘‘Section 1. Purpose. My Administration recognizes the benefits of youth
sports participation, physical activity, and a nutritious diet in helping create
habits that support a healthy lifestyle and improve the overall health of
the American people. My Administration therefore aims to expand and
encourage youth sports participation, and to promote the overall physical
fitness, health, and nutrition of all Americans.
Good health, including physical activity and proper nutrition, supports Amer-
icans’, particularly children’s, well-being, growth, and development. Partici-
pating in sports allows children to experience the connection between effort
and success, and it enhances their academic, economic, and social prospects.
Many of America’s leaders attribute their lifetime achievements to lessons
learned through sports participation and athletic activity. Additionally, youth
sports help working parents and guardians by providing their children oppor-
tunities to engage in productive, positive activities outside of school. Unfortu-
nately, during the past decade youth participation in team sports has de-
clined. As of 2016, only 37 percent of children played team sports on
a regular basis, down from 45 percent in 2008. Particularly troubling is
that sports participation disproportionately lags among young girls and chil-
dren who are from economically distressed areas.
Sec. 2. Policy. (a) The Secretary of Health and Human Services (Secretary),
in carrying out the Secretary’s responsibilities for public health and human
services, shall develop a national strategy to expand children’s participation
in youth sports, encourage regular physical activity, including active play,
and promote good nutrition for all Americans. This national strategy shall
focus on children and youth in communities with below-average sports
participation and communities with limited access to athletic facilities or
recreational areas. Through this national strategy, the Secretary shall seek
to:
(i) increase awareness of the benefits of participation in sports and regular
physical activity, as well as the importance of good nutrition;
(ii) promote private and public sector strategies to increase participation
in sports, encourage regular physical activity, and improve nutrition;
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(iii) develop metrics that gauge youth sports participation and physical
activity to inform efforts that will improve participation in sports and
regular physical activity among young Americans; and
(iv) establish a national and local strategy to recruit volunteers who will
encourage and support youth participation in sports and regular physical
activity, through coaching, mentoring, teaching, or administering athletic
and nutritional programs.
Sec. 3. The President’s Council on Sports, Fitness, and Nutrition. (a) There
is hereby established the President’s Council on Sports, Fitness, and Nutrition
(Council).
(b) The Council shall be composed of up to 30 members recommended
by the Secretary and appointed by the President. Members shall serve for
a term of 2 years, shall be eligible for reappointment, and may continue
to serve after the expiration of their terms until the appointment of a suc-
cessor. The President may designate one or more of the members as Chair
or Vice Chair.
Sec. 4. Functions of the Council. (a) The Council shall advise the President,
through the Secretary, concerning progress made in carrying out the provi-
sions of this order and shall recommend to the President, through the
Secretary, actions to accelerate such progress.
(b) The Council shall recommend to the Secretary actions to expand
opportunities at the national, State, and local levels for participation in
sports and engagement in physical fitness and activity.
(c) The Council’s performance of these functions shall take into account
the Department of Health and Human Services’ Physical Activity Guidelines
for Americans, including consideration for youth with disabilities.
Sec. 5. Administration. (a) Each executive department and agency shall,
to the extent permitted by law and subject to the availability of funds,
furnish such information and assistance to the Secretary and the Council
as they may request.
(b) The members of the Council shall serve without compensation for
their work on the Council. Members of the Council may, however, receive
travel expenses, including per diem in lieu of subsistence, as authorized
by law for persons serving intermittently in Government service (5 U.S.C.
5701–5707).
(c) To the extent permitted by law, the Secretary shall furnish the Council
with necessary staff, supplies, facilities, and other administrative services.
The expenses of the Council shall be paid from funds available to the
Secretary.
(d) The Secretary shall appoint an Executive Director of the Council who
shall serve as a liaison to the Secretary and the Advisor to the President
on matters and activities pertaining to the Council.
(e) The Council may, with the approval of the Secretary, establish sub-
committees as appropriate to aid in its work.
(f) The seal prescribed by Executive Order 10830 of July 24, 1959, as
amended, shall be modified to reflect the name of the Council as established
by this order.’’
(d) Section 5 is relabeled as Section 6 and amended as follows:
(a) A new subsection (d) is added to read: ‘‘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) A new subsection (e) is added to read: ‘‘This order shall be implemented
consistent with applicable law and subject to the availability of appropria-
tions.’’
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(c) A new subsection (f) is added to read: ‘‘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 26, 2018.
[FR Doc. 2018–04414
Filed 3–1–18; 8:45 am]
Billing code 3295–F8–P
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| President's Council on Sports, Fitness, and Nutrition | 2018-02-26T00:00:00 | ee90f6a5eadf16371a602986a7f8abfb9a923bae90d76afd95a9df89775b29ab |
Presidential Executive Order | 2018-00630 (13822) | Presidential Documents
1513
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Presidential Documents
Executive Order 13822 of January 9, 2018
Supporting Our Veterans During Their Transition From Uni-
formed Service to Civilian Life
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 the United States to support the health
and well-being of uniformed service members and veterans. After serving
our Nation, veterans deserve long, fulfilling civilian lives. Accordingly, our
Government must improve mental healthcare and access to suicide preven-
tion resources available to veterans, particularly during the critical 1-year
period following the transition from uniformed service to civilian life. Most
veterans’ experience in uniform increases their resilience and broadens the
skills they bring to the civilian workforce. Unfortunately, in some cases
within the first year following transition, some veterans can have difficulties
reintegrating into civilian life after their military experiences and some
tragically take their own lives. Veterans, in their first year of separation
from uniformed service, experience suicide rates approximately two times
higher than the overall veteran suicide rate. To help prevent these tragedies,
all veterans should have seamless access to high-quality mental healthcare
and suicide prevention resources as they transition, with an emphasis on
the 1-year period following separation.
Sec. 2. Implementation. (a) In furtherance of the policy described in section
1 of this order, I hereby direct the Secretary of Defense, the Secretary
of Veterans Affairs, and the Secretary of Homeland Security to collaborate
to address the complex challenges faced by our transitioning uniformed
service members and veterans.
(b) Within 60 days of the date of this order, the Secretary of Defense,
the Secretary of Veterans Affairs, and the Secretary of Homeland Security
shall submit to the President, through the Assistant to the President for
Domestic Policy, a Joint Action Plan that describes concrete actions to pro-
vide, to the extent consistent with law, seamless access to mental health
treatment and suicide prevention resources for transitioning uniformed serv-
ice members in the year following discharge, separation, or retirement.
(c) Within 180 days of the date of this order, the Secretary of Defense,
the Secretary of Veterans Affairs, and the Secretary of Homeland Security
shall submit to the President, through the Assistant to the President for
Domestic Policy, a status report on the implementation of the Joint Action
Plan and how the proposed reforms have been effective in improving mental
health treatment for all transitioning uniformed service members and vet-
erans. The report shall include:
(i) preliminary progress of reforms implemented by the Joint Action Plan;
(ii) any additional reforms that could help further address the problems
that obstruct veterans’ access to resources and continuous mental
healthcare treatment, including any suggestions for legislative and regu-
latory reforms; and
(iii) a timeline describing next steps and the results anticipated from
continued and additional reforms.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
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(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 9, 2018.
[FR Doc. 2018–00630
Filed 1–11–18; 8:45 am]
Billing code 3295–F8–P
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| Supporting Our Veterans During Their Transition From Uniformed Service to Civilian Life | 2018-01-09T00:00:00 | 5efda39085090a9656041b920967597ebee1e2e04f4ab5fdc4582f285573f605 |
Presidential Executive Order | 2018-08883 (13830) | Presidential Documents
18191
Federal Register
Vol. 83, No. 80
Wednesday, April 25, 2018
Title 3—
The President
Executive Order 13830 of April 20, 2018
Delegation of Authority To Approve Certain Military Decora-
tions
For the purpose of carrying into effect the provisions of sections 1121,
3742, 3743, 3746, 3749, 3750, 6242, 6243, 6244, 6245, 6246, 8742, 8743,
8746, 8749, and 8750 of title 10, and sections 491a, 492, 492a, 492b, and
493 of title 14, United States Code, the following rules and regulations
pertaining to the award of the Distinguished Service Cross, Navy Cross,
Air Force Cross, Coast Guard Cross, Distinguished Service Medal, Silver
Star Medal, Legion of Merit, Distinguished Flying Cross, Soldier’s Medal,
Navy and Marine Corps Medal, Airman’s Medal, and Coast Guard Medal
are promulgated:
Section 1. Distinguished Service Cross, Navy Cross, Air Force Cross, and
Coast Guard Cross. The Secretary of the military department concerned,
or the Secretary of Homeland Security with respect to the Coast Guard
when it is not operating as a service in the Navy, may award the Distinguished
Service Cross, Navy Cross, Air Force Cross, and Coast Guard Cross in the
name of the President to any person who, while serving in any capacity
with the Army, Navy, Marine Corps, Air Force, or Coast Guard, as the
case may be, distinguishes himself or herself by extraordinary heroism not
justifying award of the Medal of Honor:
(a) while engaged in an action against an enemy of the United States;
(b) while engaged in military operations involving conflict with an oppos-
ing foreign force or, with respect to the Coast Guard, an international terrorist
organization; or
(c) while serving with friendly foreign forces engaged in an armed conflict
against an opposing armed force in which the United States is not a bellig-
erent party.
Sec. 2. Distinguished Service Medal. The Secretary of the military department
concerned, or the Secretary of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy, may award the
Distinguished Service Medal of each of the respective Armed Forces of
the United States in the name of the President to any person who, while
serving in any capacity with the Army, Navy, Marine Corps, Air Force,
or Coast Guard, as the case may be, distinguishes himself or herself by
exceptionally meritorious service to the United States in a duty of great
responsibility.
Sec. 3. Silver Star Medal. The Secretary of the military department concerned,
or the Secretary of Homeland Security with respect to the Coast Guard
when it is not operating as a service in the Navy, may award the Silver
Star Medal in the name of the President to any person who, while serving
in any capacity with the Army, Navy, Marine Corps, Air Force, or Coast
Guard, as the case may be, is cited for gallantry in action that does not
warrant award of the Medal of Honor, Distinguished Service Cross, Navy
Cross, Air Force Cross, or Coast Guard Cross:
(a) while engaged in an action against an enemy of the United States;
(b) while engaged in military operations involving conflict with an oppos-
ing foreign force or, with respect to the Coast Guard, an international terrorist
organization; or
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(c) while serving with friendly foreign forces engaged in an armed conflict
against an opposing armed force in which the United States is not a bellig-
erent party.
Sec. 4. Legion of Merit.
(a) The Secretary of the military department concerned, or the Secretary
of Homeland Security with respect to the Coast Guard when it is not operating
as a service in the Navy, may award the Legion of Merit, without degree,
in the name of the President to any member of the Armed Forces of the
United States, who, after September 8, 1939, has distinguished himself or
herself by exceptionally meritorious conduct in performing outstanding serv-
ices.
(b) The Secretary of Defense, after concurrence by the Secretary of State,
may award the Legion of Merit, in the degrees of Commander, Officer,
and Legionnaire, to a member of the armed forces of friendly foreign nations.
(c) The Secretary of Defense, after concurrence by the Secretary of State,
shall submit to the President for his approval, recommendations for award
of the Legion of Merit, in the degree of Chief Commander, to a member
of the armed forces of friendly foreign nations.
Sec. 5. Distinguished Flying Cross.
(a) The Secretary of the military department concerned, or the Secretary
of Homeland Security with respect to the Coast Guard when it is not operating
as a service in the Navy, may award the Distinguished Flying Cross in
the name of the President to any eligible person identified in subsection
(b) who, while serving in any capacity with the Army, Navy, Marine Corps,
Air Force, or Coast Guard, distinguishes himself or herself by heroism or
extraordinary achievement while participating in an aerial flight aboard an
aircraft or spacecraft.
(b) (i) Any member of the Armed Forces of the United States, including
a member not on active duty, who, while participating in an aerial flight
aboard an aircraft or spacecraft, performs official duties incident to such
membership is eligible for the award of the Distinguished Flying Cross.
(ii) Any member of the armed forces of a friendly foreign nation who,
while serving with the Armed Forces of the United States, participates
in an aerial flight aboard an aircraft or spacecraft and performs official
duties incident to such membership is eligible for the award of the Distin-
guished Flying Cross.
(iii) Civilians are not eligible for the award of the Distinguished Flying
Cross.
(c) No Distinguished Flying Cross may be awarded or presented to any
person, or to that person’s representative, if the person’s service after the
qualifying act or achievement has not been honorable.
(d) With regard to the award of the Distinguished Flying Cross for a
qualifying act or achievement performed:
(i) on or before July 2, 1926, no award shall be made after July 2, 1929,
unless the award recommendation was made on or before July 2, 1928,
in which case the award may be made;
(ii) between December 7, 1941, and September 2, 1945, no award shall
be made after May 2, 1952, unless the award recommendation was made
on or before May 2, 1951, in which case the award may be made;
(iii) between September 3, 1945, and twelve o’clock noon on December
31, 1946 (the date and time World War II hostilities were terminated
pursuant to Proclamation 2714 of December 31, 1946), no award shall
be made unless the award recommendation was made on or before June
30, 1947;
(iv) between July 2, 1926, and September 10, 2001, with the exception
of a qualifying act or achievement authorized pursuant to paragraphs
(ii) or (iii) of this subsection, no award shall be made more than 3
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years after the date of the qualifying act or achievement unless the award
recommendation was made within 2 years of the qualifying act or achieve-
ment; or
(v) on or after September 11, 2001, no award shall be made except in
accordance with any time limitations established in regulations by the
Secretary of the military department concerned or by the Secretary of
Homeland Security with respect to the Coast Guard when it is not operating
as a service in the Navy.
(e) The Distinguished Flying Cross may be awarded posthumously. When
so awarded, it may be presented to such representative of the deceased
as may be deemed appropriate by the Secretary of the military department
concerned, or the Secretary of Homeland Security with respect to the Coast
Guard when it is not operating as a service in the Navy.
(f) Not more than one Distinguished Flying Cross may be awarded to
any one person. For each succeeding act of heroism or extraordinary achieve-
ment justifying such an award, a suitable bar or other device may be awarded
to be worn with the medal.
Sec. 6. Soldier’s Medal, Navy and Marine Corps Medal, Airman’s Medal,
and Coast Guard Medal.
(a) The Secretary of the military department concerned, or the Secretary
of Homeland Security with respect to the Coast Guard when it is not operating
as a service in the Navy, may award the Soldier’s Medal, Navy and Marine
Corps Medal, Airman’s Medal, and Coast Guard Medal in the name of
the President to any person who, while serving in any capacity with the
Army, Navy, Marine Corps, Air Force, or Coast Guard, as the case may
be, distinguishes himself or herself by heroism not involving actual conflict
with an enemy.
(b) The Secretary of the Navy may award the Navy and Marine Corps
Medal to any person to whom the Secretary of the Navy, before August
7, 1942, awarded a letter of commendation for heroism, and who applies
for that medal, regardless of the date of the act of heroism.
(c) Not more than one Soldier’s Medal, Navy and Marine Corps Medal,
Airman’s Medal, or Coast Guard Medal may be awarded to any one person.
For each succeeding act of heroism justifying such an award, a suitable
bar or other device may be awarded to be worn with the medal.
Sec. 7. Regulations. The Secretary of the military department concerned,
and the Secretary of Homeland Security with respect to the Coast Guard
when it is not operating as a service in the Navy, may prescribe such
regulations as they may deem appropriate to carry out this order. The
regulations of the Secretaries of the military departments concerned with
respect to the award of the Silver Star Medal, Distinguished Flying Cross,
and Legion of Merit shall, so far as practicable, be uniform and shall be
subject to the approval of the Secretary of Defense.
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 supersedes Executive Order 4601 of March 1, 1927, as
amended, and Executive Order 9260 of October 29, 1942, as amended.
However, existing regulations prescribed pursuant to those orders, shall,
so far as they are not inconsistent with this order, remain in effect until
modified or revoked by regulations prescribed by the Secretary of the military
department concerned, or the Secretary of Homeland Security with respect
to the Coast Guard when it is not operating as a service in the Navy,
under this order.
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(d) This order is not intended to, and does not, invalidate any award
of military decorations covered by this order made prior to the effective
date of this order.
(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,
April 20, 2018.
[FR Doc. 2018–08883
4–24–18; 11:15 am]
Billing code 3295–F8–P
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Presidential Executive Order | 2018-00553 (13821) | Presidential Documents
1507
Federal Register
Vol. 83, No. 8
Thursday, January 11, 2018
Title 3—
The President
Executive Order 13821 of January 8, 2018
Streamlining and Expediting Requests To Locate Broadband
Facilities in Rural America
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 better access
to broadband internet service in rural America, it is hereby ordered as
follows:
Section 1. Policy. Americans need access to reliable, affordable broadband
internet service to succeed in today’s information-driven, global economy.
Currently, too many American citizens and businesses still lack access to
this basic tool of modern economic connectivity. This problem is particularly
acute in rural America, and it hinders the ability of rural American commu-
nities to increase economic prosperity; attract new businesses; enhance job
growth; extend the reach of affordable, high-quality healthcare; enrich student
learning with digital tools; and facilitate access to the digital marketplace.
It shall therefore be the policy of the executive branch to use all viable
tools to accelerate the deployment and adoption of affordable, reliable, mod-
ern high-speed broadband connectivity in rural America, including rural
homes, farms, small businesses, manufacturing and production sites, tribal
communities, transportation systems, and healthcare and education facilities.
To implement this policy and enable sustainable rural broadband infrastruc-
ture projects, executive departments and agencies (agencies) should seek
to reduce barriers to capital investment, remove obstacles to broadband
services, and more efficiently employ Government resources.
Among other actions, the executive branch will continue its implementation
of section 6409 of the Middle Class Tax Relief and Job Creation Act of
2012 (Public Law 112–96) (‘‘section 6409’’), which requires, among other
things, that the General Services Administration (GSA) develop a common
form and master contract for wireless facility sitings on buildings and other
property owned by the Federal Government. These documents enable the
Federal Government to process wireless facility siting requests more effi-
ciently and will also provide additional predictability regarding the avail-
ability of locations for asset installation to installers of wireless broadband
facilities.
Sec. 2. Reviewing Requests to Locate Broadband Facilities on Federal Real
Property. (a) Within 180 days of the date of this order, the Administrator
of General Services (Administrator), in coordination with the heads of Federal
property managing agencies, shall evaluate the effectiveness of the GSA
Common Form Application for use in streamlining and expediting the proc-
essing and review of requests to locate broadband facilities on Federal real
property.
(b) As part of this evaluation, the Administrator shall determine whether
any revisions to the GSA Common Form Application are appropriate and,
to the extent consistent with law, shall begin implementation of any such
revisions.
(c) In furtherance of section 6409, all applicants and Federal property
managing agencies shall use the GSA Common Form Application for wireless
service antenna structure siting developed by the Administrator for requests
to locate broadband facilities on Federal property. Federal property managing
agencies shall expeditiously review and approve such requests unless an
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approval would negatively affect performance of the agency’s mission or
otherwise not be in the best interests of the United States.
(d) Within 180 days of the date of this order, and on a quarterly basis
thereafter, all Federal property managing agencies shall report to the GSA
regarding their required use of the Common Form Application, the number
of Common Form Applications received, the percentage approved, the per-
centage rejected, the basis for any rejection, and the number of working
days each application was pending before being approved or rejected. Each
report shall include the number of applications received, approved, and
rejected within the preceding quarter.
(e) Ninety days after the date of this order, and on a quarterly basis
thereafter, the Administrator shall prepare and provide to the Director of
the Office of Management and Budget (Director) an aggregated summary
report detailing results from the reports submitted under subsection (d)
of this section. Not later than 1 year from the date of this order, the
Administrator shall recommend to the Director improvements to the Common
Form Application needed to further the purposes of this order.
Sec. 3. Definitions. As used in this order:
(a) The term ‘‘Federal property managing agencies’’ means agencies that
have custody and control of, or responsibility for managing, Federal lands,
buildings, and rights of way, federally assisted highways, and tribal lands.
(b) The term ‘‘Federal real property’’ has the same meaning as that term
has in Executive Order 13327 of February 4, 2004 (Federal Real Property
Asset Management).
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 relating to budgetary, administrative,
or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(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 8, 2018.
[FR Doc. 2018–00553
Filed 1–10–18; 11:15 am]
Billing code 3295–F8–P
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| Streamlining and Expediting Requests To Locate Broadband Facilities in Rural America | 2018-01-08T00:00:00 | 5dc158dc4dad8b8230d0eafc6f0d68e207339ea5359c5b4806e1c6df69467c9d |
Presidential Executive Order | 2018-02261 (13823) | Presidential Documents
4831
Federal Register
Vol. 83, No. 23
Friday, February 2, 2018
Title 3—
The President
Executive Order 13823 of January 30, 2018
Protecting America Through Lawful Detention of Terrorists
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. Findings. (a) Consistent with long-standing law of war principles
and applicable law, the United States may detain certain persons captured
in connection with an armed conflict for the duration of the conflict.
(b) Following the terrorist attacks of September 11, 2001, the 2001 Author-
ization for Use of Military Force (AUMF) and other authorities authorized
the United States to detain certain persons who were a part of or substantially
supported al-Qa’ida, the Taliban, or associated forces engaged in hostilities
against the United States or its coalition partners. Today, the United States
remains engaged in an armed conflict with al-Qa’ida, the Taliban, and associ-
ated forces, including with the Islamic State of Iraq and Syria.
(c) The detention operations at the U.S. Naval Station Guanta
´namo Bay
are legal, safe, humane, and conducted consistent with United States and
international law.
(d) Those operations are continuing given that a number of the remaining
individuals at the detention facility are being prosecuted in military commis-
sions, while others must be detained to protect against continuing, significant
threats to the security of the United States, as determined by periodic
reviews.
(e) Given that some of the current detainee population represent the most
difficult and dangerous cases from among those historically detained at
the facility, there is significant reason for concern regarding their reengage-
ment in hostilities should they have the opportunity.
Sec. 2. Status of Detention Facilities at U.S. Naval Station Guanta
´namo
Bay. (a) Section 3 of Executive Order 13492 of January 22, 2009 (Review
and Disposition of Individuals Detained at the Guanta
´namo Bay Naval Base
and Closure of Detention Facilities), ordering the closure of detention facili-
ties at U.S. Naval Station Guanta
´namo Bay, is hereby revoked.
(b) Detention operations at U.S. Naval Station Guanta
´namo Bay shall con-
tinue to be conducted consistent with all applicable United States and
international law, including the Detainee Treatment Act of 2005.
(c) In addition, the United States may transport additional detainees to
U.S. Naval Station Guanta
´namo Bay when lawful and necessary to protect
the Nation.
(d) Within 90 days of the date of this order, the Secretary of Defense
shall, in consultation with the Secretary of State, the Attorney General,
the Secretary of Homeland Security, the Director of National Intelligence,
and the heads of any other appropriate executive departments and agencies
as determined by the Secretary of Defense, recommend policies to the Presi-
dent regarding the disposition of individuals captured in connection with
an armed conflict, including policies governing transfer of individuals to
U.S. Naval Station Guanta
´namo Bay.
(e) Unless charged in or subject to a judgment of conviction by a military
commission, any detainees transferred to U.S. Naval Station Guanta
´namo
Bay after the date of this order shall be subject to the procedures for
periodic review established in Executive Order 13567 of March 7, 2011
(Periodic Review of Individuals Detained at Guanta
´namo Bay Naval Station
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Pursuant to the Authorization for Use of Military Force), to determine wheth-
er continued law of war detention is necessary to protect against a significant
threat to the security of the United States.
Sec. 3. Rules of Construction. (a) Nothing in this order shall prevent the
Secretary of Defense from transferring any individual away from the U.S.
Naval Station Guanta
´namo Bay when appropriate, including to effectuate
an order affecting the disposition of that individual issued by a court or
competent tribunal of the United States having lawful jurisdiction.
(b) Nothing in this order shall be construed to affect existing law or
authorities relating to the detention of United States citizens, lawful perma-
nent residents of the United States, or any persons who are captured or
arrested in the United States.
(c) Nothing in this order shall prevent the Attorney General from, as
appropriate, investigating, detaining, and prosecuting a terrorist subject to
the criminal laws and jurisdiction of 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.
(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 30, 2018.
[FR Doc. 2018–02261
Filed 2–1–18; 8:45 am]
Billing code 3295–F8–P
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| Protecting America Through Lawful Detention of Terrorists | 2018-01-30T00:00:00 | a5c7772d6819ee712428e29ef8b4e362ef77465348ca12fffa53920e32e5b1ab |
Presidential Executive Order | 2019-13175 (13875) | Presidential Documents
28711
Federal Register / Vol. 84, No. 118 / Wednesday, June 19, 2019 / Presidential Documents
Executive Order 13875 of June 14, 2019
Evaluating and Improving the Utility of Federal Advisory
Committees
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and consistent with the Federal
Advisory Committee Act (FACA), as amended (5 U.S.C. App.), it is hereby
ordered as follows:
Section 1. Review of Current Advisory Committees. (a) Each executive depart-
ment and agency (agency) shall evaluate the need for each of its current
advisory committees established under section 9(a)(2) of FACA and those
advisory committees established under section 9(a)(1) that are authorized
by law but not required by statute (eligible committees).
(b) Each agency shall, by September 30, 2019, terminate at least one-
third of its current committees established under section 9(a)(2) of FACA,
including committees for which the:
(i) stated objectives of the committee have been accomplished;
(ii) subject matter or work of the committee has become obsolete;
(iii) primary functions have been assumed by another entity; or
(iv) agency determines that the cost of operation is excessive in relation
to the benefits to the Federal Government.
(c) Each agency may request a waiver of the requirement in subsection
(b) of this section from the Director of the Office of Management and Budget
(Director). The Director may grant such a waiver if the Director concludes
it is necessary for the delivery of essential services, for effective program
delivery, or because it is otherwise warranted by the public interest.
(d) Each agency that has fewer than three current eligible committees
is exempt from subsection (b) of this section.
(e) Agencies may count eligible committees terminated since January 20,
2017, toward the requirement of subsection (b) of this section.
Sec. 2. Limitations on New Advisory Committees. The Government-wide
combined total number of eligible committees (excluding committees covered
by section 6(d) of this order) shall not exceed 350. If the combined total
number of eligible committees exceeds 350, an agency may not establish
a new advisory committee under section 9(a)(2) of FACA, unless the agency
obtains a waiver pursuant to subsection 4(b) of this order. Such a waiver
is in addition to the notice and other requirements of FACA and its imple-
menting regulations.
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Sec. 3. Reporting Requirements. (a) The head of each agency shall submit
to the Director on or before August 1, 2019:
(i) a recommendation for each of the agency’s current advisory committees
established by the President under section 9(a)(1) of FACA regarding
whether the committee should be continued; and
(ii) a detailed plan, for each advisory committee required by statute, for
continuing or terminating such committee, including, as appropriate, rec-
ommended legislation for submission to the Congress.
(b) The Administrator of General Services (Administrator) shall submit
to the Director such justifications and recommendations required by sub-
section (a) of this section for independent Presidential advisory committees,
as defined by 41 CFR 102–3.25.
Sec. 4. Office of Management and Budget Role. (a) The Director, in coordina-
tion with the Administrator, shall issue instructions regarding the implemen-
tation of this order, including how to calculate the number of eligible commit-
tees to eliminate in each agency and how to comply with applicable law.
(b) The Director may, with the concurrence of the Administrator, grant
an agency a waiver of the requirements of section 2 of this order if the
Director concludes that such waiver is necessary for the delivery of essential
services, for effective program delivery, or because it is otherwise warranted
by the public interest.
(c) By September 1, 2019, the Director shall make appropriate recommenda-
tions to the President about terminating committees established by the Presi-
dent under section 9(a)(1) of FACA. The Director shall also include in
the President’s FY 2021 budget submission to the Congress a detailed plan
for terminating such committees required by statute whose continued oper-
ations no longer serve the public interest, including with respect to the
criteria set forth in subsection 1(b) of this order.
Sec. 5. Exemption for Merit Review Panels. (a) The requirements of sections
1, 2, and 3 of this order do not apply to a merit review panel or advisory
committee whose primary purpose is to provide scientific expertise to support
agencies making decisions related to the safety or efficacy of products to
be marketed to American consumers.
(b) A merit review panel, for purposes of this order, is any collegial
body whose approval is necessary to fund an extramural research procure-
ment contract, grant, or cooperative agreement (including second level peer
review), such as those at the National Institutes of Health.
Sec. 6. 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 relating to budgetary, administrative,
or legislative proposals.
(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.
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(d) The provisions of this order do not apply to any independent regulatory
agency, as that term is defined in section 3502(5) of title 44, United States
Code.
THE WHITE HOUSE,
June 14, 2019.
[FR Doc. 2019–13175
Filed 6–18–19; 11:15 am]
Billing code 3295–F9–P
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Presidential Executive Order | 2017-27899 (13817) | Presidential Documents
60835
Federal Register
Vol. 82, No. 246
Tuesday, December 26, 2017
Title 3—
The President
Executive Order 13817 of December 20, 2017
A Federal Strategy To Ensure Secure and Reliable Supplies
of Critical Minerals
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. Findings. The United States is heavily reliant on imports of
certain mineral commodities that are vital to the Nation’s security and
economic prosperity. This dependency of the United States on foreign sources
creates a strategic vulnerability for both its economy and military to adverse
foreign government action, natural disaster, and other events that can disrupt
supply of these key minerals. Despite the presence of significant deposits
of some of these minerals across the United States, our miners and producers
are currently limited by a lack of comprehensive, machine-readable data
concerning topographical, geological, and geophysical surveys; permitting
delays; and the potential for protracted litigation regarding permits that
are issued. An increase in private-sector domestic exploration, production,
recycling, and reprocessing of critical minerals, and support for efforts to
identify more commonly available technological alternatives to these min-
erals, will reduce our dependence on imports, preserve our leadership in
technological innovation, support job creation, improve our national security
and balance of trade, and enhance the technological superiority and readiness
of our Armed Forces, which are among the Nation’s most significant con-
sumers of critical minerals.
Sec. 2. Definition. (a) A ‘‘critical mineral’’ is a mineral identified by the
Secretary of the Interior pursuant to subsection (b) of this section to be
(i) a non-fuel mineral or mineral material essential to the economic and
national security of the United States, (ii) the supply chain of which is
vulnerable to disruption, and (iii) that serves an essential function in the
manufacturing of a product, the absence of which would have significant
consequences for our economy or our national security.
(b) The Secretary of the Interior, in coordination with the Secretary of
Defense and in consultation with the heads of other relevant executive
departments and agencies (agencies), shall publish a list of critical minerals
in the Federal Register not later than 60 days after the date of this order,
and disseminate such list to the appropriate agencies.
Sec. 3. Policy. It shall be the policy of the Federal Government to reduce
the Nation’s vulnerability to disruptions in the supply of critical minerals,
which constitutes a strategic vulnerability for the security and prosperity
of the United States. The United States will further this policy for the
benefit of the American people and in a safe and environmentally responsible
manner, by:
(a) identifying new sources of critical minerals;
(b) increasing activity at all levels of the supply chain, including explo-
ration, mining, concentration, separation, alloying, recycling, and reprocess-
ing critical minerals;
(c) ensuring that our miners and producers have electronic access to
the most advanced topographic, geologic, and geophysical data within U.S.
territory to the extent permitted by law and subject to appropriate limitations
for purposes of privacy and security, including appropriate limitations to
protect critical infrastructure data such as those related to national security
areas; and
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(d) streamlining leasing and permitting processes to expedite exploration,
production, processing, reprocessing, recycling, and domestic refining of
critical minerals.
Sec. 4. Implementation. (a) Within 180 days of the date that the Secretary
of the Interior publishes a list of critical minerals under section 2 of this
order, the Secretary of Commerce, in coordination with the Secretaries of
Defense, the Interior, Agriculture, and Energy, and the United States Trade
Representative, shall submit a report to the President through the Assistant
to the President for Economic Policy, the Assistant to the President for
National Security Affairs, the Director of the Office of Management and
Budget, and the Director of the Office of Science and Technology Policy.
The report shall include:
(i) a strategy to reduce the Nation’s reliance on critical minerals;
(ii) an assessment of progress toward developing critical minerals recycling
and reprocessing technologies, and technological alternatives to critical
minerals;
(iii) options for accessing and developing critical minerals through invest-
ment and trade with our allies and partners;
(iv) a plan to improve the topographic, geologic, and geophysical mapping
of the United States and make the resulting data and metadata electroni-
cally accessible, to the extent permitted by law and subject to appropriate
limitations for purposes of privacy and security, to support private sector
mineral exploration of critical minerals; and
(v) recommendations to streamline permitting and review processes related
to developing leases; enhancing access to critical mineral resources; and
increasing discovery, production, and domestic refining of critical minerals.
(b) Agencies shall implement subsection (a) of this section in a manner
consistent with, and when possible complementary to, implementation of
Executive Order 13771 of January 30, 2017 (Reducing Regulation and Control-
ling Regulatory Costs), Executive Order 13783 of March 28, 2017 (Promoting
Energy Independence and Economic Growth), Executive Order 13807 of
August 15, 2017 (Establishing Discipline and Accountability in the Environ-
mental Review and Permitting Process for Infrastructure Projects), and Execu-
tive Order 12866 of September 30, 1993 (Regulatory Planning and Review).
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 functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals; or
(iii) existing treaties or international agreements relating to mineral produc-
tion, imports, or exports.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(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 20, 2017.
[FR Doc. 2017–27899
Filed 12–22–17; 8:45 am]
Billing code 3295–F8–P
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| A Federal Strategy To Ensure Secure and Reliable Supplies of Critical Minerals | 2017-12-20T00:00:00 | 0b30678ecf0c445e1aa8948e2ce33f101d42b39669965454a93632d2be3d501e |
Presidential Executive Order | 2018-00240 (13820) | Presidential Documents
969
Federal Register
Vol. 83, No. 5
Monday, January 8, 2018
Title 3—
The President
Executive Order 13820 of January 3, 2018
Termination of Presidential Advisory Commission on Election
Integrity
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. Executive Order 13799 of May 11, 2017 (Establishment of Presi-
dential Advisory Commission on Election Integrity), is hereby revoked, and
the Presidential Advisory Commission on Election Integrity is accordingly
terminated.
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, 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
(other than by the United States) against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE,
January 3, 2018.
[FR Doc. 2018–00240
Filed 1–5–18; 11:15 am]
Billing code 3295–F8–P
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| Termination of Presidential Advisory Commission on Election Integrity | 2018-01-03T00:00:00 | 2a522ec1fe361f0d977ef7da11b32ce5da62ec9d0d763b37339e24804c9390ad |
Presidential Executive Order | 2017-27925 (13818) | Presidential Documents
60839
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Executive Order 13818 of December 20, 2017
Blocking the Property of Persons Involved in Serious Human
Rights Abuse or Corruption
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 Global Magnitsky Human
Rights Accountability Act (Public Law 114–328) (the ‘‘Act’’), section 212(f)
of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)) (INA),
and section 301 of title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of America, find
that the prevalence and severity of human rights abuse and corruption
that have their source, in whole or in substantial part, outside the United
States, such as those committed or directed by persons listed in the Annex
to this order, have reached such scope and gravity that they threaten the
stability of international political and economic systems. Human rights abuse
and corruption undermine the values that form an essential foundation
of stable, secure, and functioning societies; have devastating impacts on
individuals; weaken democratic institutions; degrade the rule of law; perpet-
uate violent conflicts; facilitate the activities of dangerous persons; and
undermine economic markets. The United States seeks to impose tangible
and significant consequences on those who commit serious human rights
abuse or engage in corruption, as well as to protect the financial system
of the United States from abuse by these same persons.
I therefore determine that serious human rights abuse and corruption around
the world constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and I hereby
declare a national emergency to deal with that threat.
I hereby determine and 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:
(i) the persons listed in the Annex to this order;
(ii) any foreign person determined by the Secretary of the Treasury, in
consultation with the Secretary of State and the Attorney General:
(A) to be responsible for or complicit in, or to have directly or indirectly
engaged in, serious human rights abuse;
(B) to be a current or former government official, or a person acting
for or on behalf of such an official, who is responsible for or complicit
in, or has directly or indirectly engaged in:
(1) corruption, including the misappropriation of state assets, the ex-
propriation of private assets for personal gain, corruption related to
government contracts or the extraction of natural resources, or bribery;
or
(2) the transfer or the facilitation of the transfer of the proceeds of
corruption;
(C) to be or have been a leader or official of:
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(1) an entity, including any government entity, that has engaged in,
or whose members have engaged in, any of the activities described
in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section relating to
the leader’s or official’s tenure; or
(2) 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; or
(D) to have attempted to engage in any of the activities described in
subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section; and
(iii) any person determined by the Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney General:
(A) to have materially assisted, sponsored, or provided financial, mate-
rial, or technological support for, or goods or services to or in support
of:
(1) any activity described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2)
of this section that is conducted by a foreign person;
(2) any person whose property and interests in property are blocked
pursuant to this order; or
(3) any entity, including any government entity, that has engaged in,
or whose members have engaged in, any of the activities described
in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section, where the
activity is conducted by a foreign person;
(B) 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; or
(C) to have attempted to engage in any of the activities described in
subsections (iii)(A) or (B) of this section.
(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 effective
date of this order.
Sec. 2. The unrestricted immigrant and nonimmigrant entry into the United
States of aliens 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. Such persons shall be treated 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. 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 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. 4. The prohibitions in section 1 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. 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:
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(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
(c) 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 this order.
Sec. 8. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including adopting rules
and regulations, and to employ all powers granted to me by IEEPA and
the Act as may be necessary to implement this order and section 1263(a)
of the Act with respect to the determinations provided for therein. The
Secretary of the Treasury may, consistent with applicable law, redelegate
any of these functions to other officers and agencies of the United States.
All agencies shall take all appropriate measures within their authority to
implement this order.
Sec. 9. The Secretary of State is hereby authorized to take such actions,
including adopting rules and regulations, and to employ all powers granted
to me by IEEPA, the INA, and the Act as may be necessary to carry out
section 2 of this order and, in consultation with the Secretary of the Treasury,
the reporting requirement in section 1264(a) of the Act with respect to
the reports provided for in section 1264(b)(2) of that Act. The Secretary
of State may, consistent with applicable law, redelegate any of these functions
to other officers and agencies of the United States consistent with applicable
law.
Sec. 10. The Secretary of the Treasury, in consultation with the Secretary
of State and the Attorney General, is hereby authorized to determine that
circumstances no longer warrant the blocking of the property and interests
in property of a person listed in the Annex to this order, and to take
necessary action to give effect to that determination.
Sec. 11. 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. 12. This order is effective at 12:01 a.m., Eastern Standard Time, Decem-
ber 21, 2017.
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Sec. 13. 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 20, 2017.
Billing code 3295–F8–P
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[FR Doc. 2017–27925
Filed 12–22–17; 8:45 am]
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ANNEX
1.
Mukhtar Hamid Shah; Date of Birth (DOB) August 11, 1939;
alt. DOB November 8, 1939; nationality, Pakistan
2.
Angel Rondon Rijo; DOB July 16, 1950; nationality,
Dominican Republic
3.
Dan Gertler; DOB December 23, 1973; nationality, Israel;
alt. nationality, Democratic Republic of the Congo
4.
Maung Maung Soe; DOB March 1964; nationality, Burma
5.
Yahya Jammeh; DOB May 25, 1965; nationality, The Gambia
6.
Sergey Kusiuk; DOB December 1, 1966; nationality,
Ukraine; alt. nationality, Russia
7.
Benjamin Bol Mel; DOB January 3, 1978; alt. DOB December
24, 1978; nationality, South Sudan; alt. nationality,
Sudan
8.
Julio Antonio Juarez Ramirez; DOB December 1, 1980;
nationality, Guatemala
9.
Goulnora Islamovna Karimova; DOB July 8, 1972;
nationality, Uzbekistan
10.
Slobodan Tesic; DOB December 21, 1958; nationality,
Serbia
11.
Artem Yuryevich Chayka; DOB September 25, 1975;
nationality, Russia
12.
Gao Yan; DOB April 1963; nationality, China
13.
Roberto Jose Rivas Reyes; DOB July 6, 1954; nationality,
Nicaragua
| Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption | 2017-12-20T00:00:00 | 7966e5b3c3054acd03fa3838653f23cfd03d0a15cdbfe98be31fc8d15ba3af66 |
Presidential Executive Order | 2017-23630 (13815) | Presidential Documents
50055
Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Presidential Documents
Executive Order 13815 of October 24, 2017
Resuming the United States Refugee Admissions Program
With Enhanced Vetting Capabilities
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., and section 301 of title 3, United
States Code, it is hereby ordered as follows:
Section 1. Policy. (a) It is the policy of the United States to protect its
people from terrorist attacks and other public-safety threats. Screening and
vetting procedures associated with determining which foreign nationals may
enter the United States, including through the U.S. Refugee Admissions
Program (USRAP), play a critical role in implementing that policy. Those
procedures enhance our ability to detect foreign nationals who might commit,
aid, or support acts of terrorism, or otherwise pose a threat to the national
security or public safety of the United States, and they bolster our efforts
to prevent such individuals from entering the country.
(b) Section 5 of Executive Order 13780 of March 6, 2017 (Protecting
the Nation from Foreign Terrorist Entry into the United States), directed
the Secretary of State, the Attorney General, the Secretary of Homeland
Security, and the Director of National Intelligence to develop a uniform
baseline for screening and vetting standards and procedures applicable to
all travelers who seek to enter the United States. A working group was
established to satisfy this directive.
(c) Section 6(a) of Executive Order 13780 directed a review to strengthen
the vetting process for the USRAP. It also instructed the Secretary of State
to suspend the travel of refugees into the United States under that program,
and the Secretary of Homeland Security to suspend decisions on applications
for refugee status, subject to certain exceptions. Section 6(a) also required
the Secretary of State, in conjunction with the Secretary of Homeland Security
and in consultation with the Director of National Intelligence, to conduct
a 120-day review of the USRAP application and adjudication process in
order to determine, and implement, additional procedures to ensure that
individuals seeking admission as refugees do not pose a threat to the security
and welfare of the United States. Executive Order 13780 noted that terrorist
groups have sought to infiltrate several nations through refugee programs
and that the Attorney General had reported that more than 300 persons
who had entered the United States as refugees were then the subjects of
counterterrorism investigations by the Federal Bureau of Investigation.
(d) The Secretary of State convened a working group to implement the
review process under section 6(a) of Executive Order 13780. This review
was informed by the development of uniform baseline screening and vetting
standards and procedures for all travelers under section 5 of Executive
Order 13780. The section 6(a) working group compared the process for
screening and vetting refugees with the uniform baseline standards and
procedures established by the section 5 working group. The section 6(a)
working group identified several ways to enhance the process for screening
and vetting refugees and began implementing those improvements.
(e) The review process for refugees required by Executive Order 13780
has made our Nation safer. The improvements the section 6(a) working
group has identified will strengthen the data-collection process for all refugee
applicants considered for resettlement in the United States. They will also
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bolster the process for interviewing refugees through improved training,
fraud-detection procedures, and interagency information sharing. Further,
they will enhance the ability of our systems to check biometric and biographic
information against a broad range of threat information contained in various
Federal watchlists and databases.
(f) Section 2 of Proclamation 9645 of September 24, 2017 (Enhancing
Vetting Capabilities and Processes for Detecting Attempted Entry into the
United States by Terrorists or Other Public-Safety Threats), suspended and
limited, subject to exceptions and case-by-case waivers, the entry into the
United States of foreign nationals of eight countries. As noted in that Procla-
mation, those suspensions and limitations are in the interest of the United
States because of certain deficiencies in those countries’ identity-management
and information-sharing protocols and procedures, and because of the na-
tional security and public-safety risks that emanate from their territory,
including risks that result from the significant presence of terrorists within
the territory of several of those countries.
(g) The entry restrictions and limitations in Proclamation 9645 apply
to the immigrant and nonimmigrant visa application and adjudication proc-
esses, which foreign nationals use to seek authorization to travel to the
United States and apply for admission. Pursuant to section 3(b)(iii) of Procla-
mation 9645, however, those restrictions and limitations do not apply to
those who seek to enter the United States through the USRAP.
(h) Foreign nationals who seek to enter the United States with an immigrant
or nonimmigrant visa stand in a different position from that of refugees
who are considered for entry into this country under the USRAP. For a
variety of reasons, including substantive differences in the risk factors pre-
sented by the refugee population and in the quality of information available
to screen and vet refugees, the refugee screening and vetting process is
different from the process that applies to most visa applicants. At the same
time, the entry of certain refugees into the United States through the USRAP
poses unique security risks and considerable domestic challenges that require
the application of substantial resources.
Sec. 2. Resumption of the U.S. Refugee Admissions Program. (a) Section
6(a) of Executive Order 13780 provided for a temporary, 120-day review
of the USRAP application and adjudication process and an accompanying
worldwide suspension of refugee travel to the United States and of applica-
tion decisions under the USRAP. That 120-day period expires on October
24, 2017. Section 6(a) further provided that refugee travel and application
decisions could resume after 120 days for stateless persons and for the
nationals of countries for which the Secretary of State, the Secretary of
Homeland Security, and the Director of National Intelligence jointly deter-
mine that the additional procedures identified through the USRAP review
process are adequate to ensure the security and welfare of the United States.
The Secretary of State, the Secretary of Homeland Security, and the Director
of National Intelligence have advised that the improvements to the USRAP
vetting process are generally adequate to ensure the security and welfare
of the United States, that the Secretary of State and Secretary of Homeland
Security may resume that program, and that they will apply special measures
to certain categories of refugees whose entry continues to pose potential
threats to the security and welfare of the United States.
(b) With the improvements identified by the section 6(a) working group
and implemented by the participating agencies, the refugee screening and
vetting process generally meets the uniform baseline for immigration screen-
ing and vetting established by the section 5 working group. Accordingly,
a general resumption of the USRAP, subject to the conditions set forth
in section 3 of this order, is consistent with the security and welfare of
the United States.
(c) The suspension of the USRAP and other processes specified in section
6(a) of Executive Order 13780 are no longer in effect. Subject to the conditions
set forth in section 3 of this order, the Secretary of State may resume
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travel of qualified and appropriately vetted refugees into the United States,
and the Secretary of Homeland Security may resume adjudicating applica-
tions for refugee resettlement.
Sec. 3. Addressing the Risks Presented by Certain Categories of Refugees.
(a) Based on the considerations outlined above, including the special meas-
ures referred to in subsection (a) of section 2 of this order, Presidential
action to suspend the entry of refugees under the USRAP is not needed
at this time to protect the security and interests of the United States and
its people. The Secretary of State and the Secretary of Homeland Security,
however, shall continue to assess and address any risks posed by particular
refugees as follows:
(i) The Secretary of State and the Secretary of Homeland Security shall
coordinate to assess any risks to the security and welfare of the United
States that may be presented by the entry into the United States through
the USRAP of stateless persons and foreign nationals. Under section 207(c)
and applicable portions of section 212(a) of the INA, 8 U.S.C. 1157(c)
and 1182(a), section 402(4) of the Homeland Security Act of 2002, 6
U.S.C. 202(4), and other applicable authorities, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall determine,
as appropriate and consistent with applicable law, whether any actions
should be taken to address the risks to the security and welfare of the
United States presented by permitting any category of refugees to enter
this country, and, if so, what those actions should be. The Secretary
of State and the Secretary of Homeland Security shall administer the
USRAP consistent with those determinations, and in consultation with
the Attorney General and the Director of National Intelligence.
(ii) Within 90 days of the date of this order and annually thereafter,
the Secretary of Homeland Security, in consultation with the Secretary
of State and the Director of National Intelligence, shall determine, as
appropriate and consistent with applicable law, whether any actions taken
to address the risks to the security and welfare of the United States
presented by permitting any category of refugees to enter this country
should be modified or terminated, and, if so, what those modifications
or terminations should be. If the Secretary of Homeland Security, in con-
sultation with the Secretary of State, determines, at any time, that any
actions taken pursuant to section 3(a)(i) should be modified or terminated,
the Secretary of Homeland Security may modify or terminate those actions
accordingly. The Secretary of Homeland Security and the Secretary of
State shall administer the USRAP consistent with the determinations made
under this subsection, and in consultation with the Attorney General
and the Director of National Intelligence.
(b) Within 180 days of the date of this order, the Attorney General shall,
in consultation with the Secretary of State and the Secretary of Homeland
Security, and in cooperation with the heads of other executive departments
and agencies as he deems appropriate, provide a report to the President
on the effect of refugee resettlement in the United States on the national
security, public safety, and general welfare of the United States. The report
shall include any recommendations the Attorney General deems necessary
to advance those interests.
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.
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(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 24, 2017.
[FR Doc. 2017–23630
10–26–17; 11:15 am]
Billing code 3295–F8–P
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| Resuming the United States Refugee Admissions Program With Enhanced Vetting Capabilities | 2017-10-24T00:00:00 | d600759f5185bf844cdb4689b842f1494908a115a75516e02153be35e879944a |
Presidential Executive Order | 2017-27034 (13816) | Presidential Documents
58701
Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Presidential Documents
Executive Order 13816 of December 8, 2017
Revising the Seal for the National Credit Union Administra-
tion
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. Revision. (a) The National Credit Union Administration Board
has caused to be made, and has recommended approval of, a new seal
of office for the National Credit Union Administration (NCUA), the design
of which accompanies and is hereby made a part of this order, and which
is described as follows:
(i) The eagle overlaid by the shield conveys the NCUA’s role as an agency
of the Federal Government. The text, ‘‘NCUA,’’ in white on a blue back-
ground on the crest of the shield is the core of the sign that federally
insured credit unions are required to display.
(ii) The three stars above the eagle represent the NCUA’s three-member
Board, appointed by the President of the United States by and with the
advice and consent of the Senate.
(iii) The oak branch the eagle is holding in its left talon symbolizes
the NCUA’s strength, honor, and longevity in carrying out its mission
of promoting confidence in the national system of cooperative credit.
(iv) The olive branch the eagle is holding in its right talon symbolizes
the peace and prosperity facilitated by the economic growth and access
to affordable financial services that the Nation’s credit unions have long
provided to millions of Americans.
(v) The upper portion of the circle that forms the border of the seal
sets forth the agency’s title, ‘‘National Credit Union Administration.’’ The
date ‘‘1934’’ in the lower portion of the circle reflects the creation of
the Federal credit union system by the Congress in 1934 and the long
unbroken line of Federal credit union regulation that evolved into the
NCUA.
(b) This seal is of suitable design and appropriate for adoption as the
official seal of the NCUA.
(c) I hereby approve this seal as the official seal of the NCUA.
Sec. 2. Revocation. Executive Order 11580 of January 20, 1971 (Establishing
a Seal for the National Credit Union Administration), as amended, is hereby
revoked.
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.
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(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, 2017.
Billing code 3295–F8–P
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Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Presidential Documents
[FR Doc. 2017–27034
Filed 12–12–17; 11:15 a.m.]
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| Revising the Seal for the National Credit Union Administration | 2017-12-08T00:00:00 | 2af2103ab1d76fb4faf451221439f3e572127ca2c870e2042317df43f90ae16f |
Presidential Executive Order | 2017-23270 (13814) | Presidential Documents
49273
Federal Register
Vol. 82, No. 204
Tuesday, October 24, 2017
Title 3—
The President
Executive Order 13814 of October 20, 2017
Amending Executive Order 13223
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the National Emergencies
Act (50 U.S.C. 1601 et seq.), and in furtherance of the objectives of Proclama-
tion 7463 of September 14, 2001 (Declaration of National Emergency by
Reason of Certain Terrorist Attacks), which declared a national emergency
by reason of the terrorist attacks of September 11, 2001, in New York
and Pennsylvania and against the Pentagon, and the continuing and imme-
diate threat of further attacks on the United States, and in order to provide
the Secretary of Defense additional authority to manage personnel require-
ments in a manner consistent with the authorization provided in Executive
Order 13223 of September 14, 2001 (Ordering the Ready Reserve of the
Armed Forces to Active Duty and Delegating Certain Authorities to the
Secretary of Defense and the Secretary of Transportation), it is hereby ordered
as follows:
Section 1. Amendment to Executive Order 13223. Section 1 of Executive
Order 13223 is amended by adding at the end: ‘‘The authorities available
for use during a national emergency under sections 688 and 690 of title
10, United States Code, are also invoked and made available, according
to their terms, to the Secretary concerned, subject in the case of the Secretaries
of the Army, Navy, and Air Force, to the direction of the Secretary of
Defense.’’
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.
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(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 20, 2017.
[FR Doc. 2017–23270
Filed 10–23–17; 11:15 am]
Billing code 3295–F8–P
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| Amending Executive Order 13223 | 2017-10-20T00:00:00 | 33bfaea209d40b4b55bb80b1c421a681b787893c17c8a8402a5bf275898ebd3d |
Presidential Executive Order | 2017-21555 (13811) | Presidential Documents
46363
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Presidential Documents
Executive Order 13811 of September 29, 2017
Continuance of Certain Federal Advisory Committees
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 until September
30, 2019.
(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) President’s Export Council; Executive Order 12131, as amended (Depart-
ment of Commerce).
(e) President’s Committee on the International Labor Organization; Execu-
tive Order 12216, as amended (Department of Labor).
(f) President’s National Security Telecommunications Advisory Committee;
Executive Order 12382, as amended (Department of Homeland Security).
(g) National Industrial Security Program Policy Advisory Committee; Execu-
tive Order 12829, as amended (National Archives and Records Administra-
tion).
(h) Trade and Environment Policy Advisory Committee; Executive Order
12905 (Office of the United States Trade Representative).
(i) Governmental Advisory Committee to the United States Representative
to the North American Commission for Environmental Cooperation; Executive
Order 12915 (Environmental Protection Agency).
(j) National Advisory Committee to the United States Representative to
the North American Commission for Environmental Cooperation; Executive
Order 12915 (Environmental Protection Agency).
(k) Good Neighbor Environmental Board; Executive Order 12916, as amend-
ed (Environmental Protection Agency).
(l) Presidential Advisory Council on HIV/AIDS; Executive Order 12963,
as amended (Department of Health and Human Services).
(m) President’s Committee for People with Intellectual Disabilities; Execu-
tive Order 12994, as amended (Department of Health and Human Services).
(n) Invasive Species Advisory Committee; Executive Order 13112, as
amended (Department of the Interior).
(o) Marine Protected Areas Federal Advisory Committee; Executive Order
13158 (Department of Commerce).
(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).
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(r) President’s Council on Fitness, Sports, and Nutrition; Executive Order
13265, as amended (Department of Health and Human Services).
(s) President’s Advisory Commission on Asian Americans and Pacific Is-
landers; Executive Order 13515, as amended (Department of Education).
(t) President’s Council of Advisors on Science and Technology; Executive
Order 13539, as amended (Department of Energy).
(u) Interagency Task Force on Veterans Small Business Development; Exec-
utive Order 13540 (Small Business Administration).
(v) State, Local, Tribal, and Private Sector (SLTPS) Policy Advisory Com-
mittee; Executive Order 13549 (National Archives and Records Administra-
tion).
(w) President’s Advisory Commission on Educational Excellence for His-
panics; Executive Order 13555 (Department of Education).
(x) President’s Advisory Commission on Educational Excellence for African
Americans; Executive Order 13621 (Department of Education).
(y) President’s Advisory Council on Doing Business in Africa; Executive
Order 13675, as amended (Department of Commerce).
(z) Presidential Advisory Council on Combating Antibiotic-Resistant Bac-
teria; Executive Order 13676 (Department of Health and Human Services).
(aa) Commerce Spectrum Management Advisory Committee; initially estab-
lished pursuant to Presidential Memorandum on Improving Spectrum Man-
agement for the 21st Century (November 30, 2004) (Department of Commerce).
(bb) 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).
(cc) San Juan Islands National Monument Advisory Committee; Proclama-
tion 8947 of March 25, 2013 (Department of the Interior).
(dd) Bears Ears National Monument Advisory Committee; Proclamation
9558 of December 28, 2016 (Department of the Interior).
(ee) Gold Butte National Monument Advisory Committee; Proclamation
9559 of December 28, 2016 (Department of the Interior).
(ff) President’s Board of Advisors on Historically Black Colleges and Uni-
versities; Executive Order 13779 (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.
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Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Presidential Documents
Sec. 3. Sections 1 and 2 of Executive Order 13708 of September 30, 2015,
are hereby superseded by sections 1 and 2 of this order. Executive Order
13805 of July 19, 2017 (Establishing a Presidential Advisory Council on
Infrastructure) is hereby revoked.
Sec. 4. This order shall be effective September 30, 2017.
THE WHITE HOUSE,
September 29, 2017.
[FR Doc. 2017–21555
Filed 10–3–17; 11:15 am]
Billing code 3295–F7–P
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| Continuance of Certain Federal Advisory Committees | 2017-09-29T00:00:00 | 3a97d2fdbe5f20265620ffd662fed896fbdcf86d6654f311482bc0c3a91f6fca |
Presidential Executive Order | 2017-22677 (13813) | Presidential Documents
48385
Federal Register / Vol. 82, No. 199 / Tuesday, October 17, 2017 / Presidential Documents
Executive Order 13813 of October 12, 2017
Promoting Healthcare Choice and Competition Across 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. Policy. (a) It shall be the policy of the executive branch, to
the extent consistent with law, to facilitate the purchase of insurance across
State lines and the development and operation of a healthcare system that
provides high-quality care at affordable prices for the American people.
The Patient Protection and Affordable Care Act (PPACA), however, has
severely limited the choice of healthcare options available to many Americans
and has produced large premium increases in many State individual markets
for health insurance. The average exchange premium in the 39 States that
are using www.healthcare.gov in 2017 is more than double the average
overall individual market premium recorded in 2013. The PPACA has also
largely failed to provide meaningful choice or competition between insurers,
resulting in one-third of America’s counties having only one insurer offering
coverage on their applicable government-run exchange in 2017.
(b) Among the myriad areas where current regulations limit choice and
competition, my Administration will prioritize three areas for improvement
in the near term: association health plans (AHPs), short-term, limited-duration
insurance (STLDI), and health reimbursement arrangements (HRAs).
(i) Large employers often are able to obtain better terms on health insurance
for their employees than small employers because of their larger pools
of insurable individuals across which they can spread risk and administra-
tive costs. Expanding access to AHPs can help small businesses overcome
this competitive disadvantage by allowing them to group together to self-
insure or purchase large group health insurance. Expanding access to
AHPs will also allow more small businesses to avoid many of the PPACA’s
costly requirements. Expanding access to AHPs would provide more afford-
able health insurance options to many Americans, including hourly wage
earners, farmers, and the employees of small businesses and entrepreneurs
that fuel economic growth.
(ii) STLDI is exempt from the onerous and expensive insurance mandates
and regulations included in title I of the PPACA. This can make it an
appealing and affordable alternative to government-run exchanges for many
people without coverage available to them through their workplaces. The
previous administration took steps to restrict access to this market by
reducing the allowable coverage period from less than 12 months to less
than 3 months and by preventing any extensions selected by the policy-
holder beyond 3 months of total coverage.
(iii) HRAs are tax-advantaged, account-based arrangements that employers
can establish for employees to give employees more flexibility and choices
regarding their healthcare. Expanding the flexibility and use of HRAs
would provide many Americans, including employees who work at small
businesses, with more options for financing their healthcare.
(c) My Administration will also continue to focus on promoting competi-
tion in healthcare markets and limiting excessive consolidation throughout
the healthcare system. To the extent consistent with law, government rules
and guidelines affecting the United States healthcare system should:
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(i) expand the availability of and access to alternatives to expensive,
mandate-laden PPACA insurance, including AHPs, STLDI, and HRAs;
(ii) re-inject competition into healthcare markets by lowering barriers to
entry, limiting excessive consolidation, and preventing abuses of market
power; and
(iii) improve access to and the quality of information that Americans
need to make informed healthcare decisions, including data about
healthcare prices and outcomes, while minimizing reporting burdens on
affected plans, providers, or payers.
Sec. 2. Expanded Access to Association Health Plans. Within 60 days of
the date of this order, the Secretary of Labor shall consider proposing regula-
tions or revising guidance, consistent with law, to expand access to health
coverage by allowing more employers to form AHPs. To the extent permitted
by law and supported by sound policy, the Secretary should consider expand-
ing the conditions that satisfy the commonality-of-interest requirements under
current Department of Labor advisory opinions interpreting the definition
of an ‘‘employer’’ under section 3(5) of the Employee Retirement Income
Security Act of 1974. The Secretary of Labor should also consider ways
to promote AHP formation on the basis of common geography or industry.
Sec. 3. Expanded Availability of Short-Term, Limited-Duration Insurance.
Within 60 days of the date of this order, the Secretaries of the Treasury,
Labor, and Health and Human Services shall consider proposing regulations
or revising guidance, consistent with law, to expand the availability of
STLDI. To the extent permitted by law and supported by sound policy,
the Secretaries should consider allowing such insurance to cover longer
periods and be renewed by the consumer.
Sec. 4. Expanded Availability and Permitted Use of Health Reimbursement
Arrangements. Within 120 days of the date of this order, the Secretaries
of the Treasury, Labor, and Health and Human Services shall consider
proposing regulations or revising guidance, to the extent permitted by law
and supported by sound policy, to increase the usability of HRAs, to expand
employers’ ability to offer HRAs to their employees, and to allow HRAs
to be used in conjunction with nongroup coverage.
Sec. 5. Public Comment. The Secretaries shall consider and evaluate public
comments on any regulations proposed under sections 2 through 4 of this
order.
Sec. 6. Reports. Within 180 days of the date of this order, and every 2
years thereafter, the Secretary of Health and Human Services, in consultation
with the Secretaries of the Treasury and Labor and the Federal Trade Commis-
sion, shall provide a report to the President that:
(a) details the extent to which existing State and Federal laws, regulations,
guidance, requirements, and policies fail to conform to the policies set
forth in section 1 of this order; and
(b) identifies actions that States or the Federal Government could take
in furtherance of the policies 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.
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(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 12, 2017.
[FR Doc. 2017–22677
Filed 10–16–17; 11:15 am]
Billing code 3295–F8–P
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| Promoting Healthcare Choice and Competition Across the United States | 2017-10-12T00:00:00 | ba85a4842df60a1b79f16a4a4f412b4f36d4585006f208c46d1db540d0685428 |
Presidential Executive Order | 2017-18468 (13808) | Presidential Documents
41155
Federal Register
Vol. 82, No. 166
Tuesday, August 29, 2017
Title 3—
The President
Executive Order 13808 of August 24, 2017
Imposing Additional Sanctions With Respect to the Situation
in Venezuela
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, in order
to take additional steps with respect to the national emergency declared
in Executive Order 13692 of March 8, 2015, and particularly in light of
recent actions and policies of the Government of Venezuela, including serious
abuses of human rights and fundamental freedoms; responsibility for the
deepening humanitarian crisis in Venezuela; establishment of an illegitimate
Constituent Assembly, which has usurped the power of the democratically
elected National Assembly and other branches of the Government of Ven-
ezuela; rampant public corruption; and ongoing repression and persecution
of, and violence toward, the political opposition, hereby order as follows:
Section 1. (a) All transactions related to, provision of financing for, and
other dealings in the following by a United States person or within the
United States are prohibited:
(i) new debt with a maturity of greater than 90 days of Petroleos de
Venezuela, S.A. (PdVSA);
(ii) new debt with a maturity of greater than 30 days, or new equity,
of the Government of Venezuela, other than debt of PdVSA covered by
subsection (a)(i) of this section;
(iii) bonds issued by the Government of Venezuela prior to the effective
date of this order; or
(iv) dividend payments or other distributions of profits to the Government
of Venezuela from any entity owned or controlled, directly or indirectly,
by the Government of Venezuela.
(b) The purchase, directly or indirectly, by a United States person or
within the United States, of securities from the Government of Venezuela,
other than securities qualifying as new debt with a maturity of less than
or equal to 90 or 30 days as covered by subsections (a)(i) or (a)(ii) of
this section, respectively, is prohibited.
(c) The prohibitions in subsections (a) and (b) 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 effective
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 ‘‘person’’ means an individual or entity;
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(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) 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; and
(d) the term ‘‘Government of Venezuela’’ means the Government of Ven-
ezuela, any political subdivision, agency, or instrumentality thereof, includ-
ing the Central Bank of Venezuela and PdVSA, and any person owned
or controlled by, or acting for or on behalf of, the Government of Venezuela.
Sec. 4. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including promulgating
rules and regulations, and to employ all powers granted to the President
by IEEPA as may be necessary to implement this order. The Secretary
of the Treasury may, consistent with applicable law, redelegate any of these
functions to other officers and executive departments and agencies of the
United States Government. All agencies of the United States Government
shall take all appropriate measures within their authority to carry out the
provisions of this order.
Sec. 5. For those persons whose property or interests in property are affected
by 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 instanta-
neously, 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 13692, there need be no prior notice of a
listing or determination made pursuant to this order.
Sec. 6. 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.
Sec. 7. This order is effective at 12:01 a.m. eastern daylight time on August
25, 2017.
THE WHITE HOUSE,
August 24, 2017.
[FR Doc. 2017–18468
Filed 8–28–17; 11:15 am]
Billing code 3295–F7–P
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| Imposing Additional Sanctions With Respect to the Situation in Venezuela | 2017-08-24T00:00:00 | 2e637141923f5d4ed50b8d07ae6ee82df04521c709b6cea77a42a5ac65480222 |
Presidential Executive Order | 2017-28160 (13819) | Presidential Documents
61431
Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Presidential Documents
Executive Order 13819 of December 22, 2017
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 section
601 of the National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115–91), as signed by the President on December 12, 2017, 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, 2018. The other
schedules contained herein are effective on the first day of the first applicable
pay period beginning on or after January 1, 2018.
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Sec. 8. Prior Order Superseded. Executive Order 13756 of December 27,
2016, is superseded as of the effective dates specified in section 7 of this
order.
THE WHITE HOUSE,
December 22, 2017.
Billing code 3295–F8–P
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SCHEDULE 1--GENERAL SCHEDULE
{Effective on the first day of the first applicable pay period beginning on or after January 1, 2018)
1
2
3
4
5
6
7
8
9
10
GS-1
$18,785
$19,414
$20,039
$20,660
$21,285
$21,650
$22,267
$22,891
$22,915
$23,502
GS-2
21,121
21,624
22,323
22,915
23,175
23,857
24,539
25,221
25,903
26,585
GS-3
23,045
23,813
24,581
25,349
26,ll7
26,885
27,653
28,421
29,189
29,957
GS-4
25,871
26,733
27,595
28,457
29,319
30,181
31,043
31,905
32,767
33,629
GS-5
28,945
29,910
30,875
31,840
32,805
33,770
34,735
35,700
36,665
37,630
GS-6
32,264
33,339
34,414
35,489
36,564
37,639
38,714
39,789
40,864
41,939
GS-7
35,854
37,049
38,244
39,439
40,634
41,829
43,024
44,219
45,414
46,609
GS-8
39,707
41,031
42,355
43,679
45,003
46,327
47,651
48,975
50,299
51,623
GS-9
43,857
45,319
46,781
48,243
49,705
51,167
52,629
54,091
55,553
57,015
GS-10
48,297
49,907
51,517
53,127
54,737
56,347
57,957
59,567
61,177
62,787
GS-11
53,062
54,831
56,600
58,369
60,138
61,907
63,676
65,445
67,214
68,983
GS-12
63,600
65,720
67,840
69,960
72,080
74,200
76,320
78,440
80,560
82,680
GS-13
75,628
78,149
80,670
83,191
85,712
88,233
90,754
93,275
95,796
98,317
GS-14
89,370
92,349
95,328
98,307
101,286
104,265
107,244
110,223
113,202
ll6,181
GS-15
105,123
108,627
112,131
115,635
119,139
122,643
126,147
129,651
133,155
136,659
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SCHEDULE 2--FOREIGN SERVICE SCHEDULE
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2018)
Step
Class
Class
Class
Class
Class
Class
Class
Class
Class
1
2
3
4
5
6
7
8
9
1
$105,123
$85,181
$69,022
$55,929
$45,319
$40,514
$36,218
$32,378
$28,945
2
108,277
87,736
71,093
57,607
46,679
41,729
37,305
33,349
29,813
3
111,525
90,369
73,225
59,335
48,079
42,981
38,424
34,350
30,708
4
114,871
93,080
75,422
61,115
49,521
44,271
39,576
35,380
31,629
5
118,317
95,872
77,685
62,949
51,007
45,599
40,764
36,442
32,578
6
121,866
98,748
80,015
64,837
52,537
46,967
41,987
37,535
33,555
7
125,522
101,711
82,416
66,782
54,113
48,376
43,246
38,661
34,562
8
129,288
104,762
84,888
68,786
55,737
49,827
44,544
39,821
35,599
9
133,167
107,905
87,435
70,849
57,409
51,322
45,880
41,015
36,667
10
136,659
111,142
90,058
72,975
59,131
52,862
47,256
42,246
37,767
11
136,659
114,476
92,760
75,164
60,905
54,447
48,674
43,513
38,900
12
136,659
117,910
95,543
77,419
62,732
56,081
50,134
44,819
40,067
13
136,659
121,448
98,409
79,741
64,614
57,763
51,638
46,163
41,269
14
136,659
125,091
101,361
82,134
66,552
59,496
53,187
47,548
42,507
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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 ~. 20L8)
Schedule for the Office of the Under Secretary for Health
(38 u.s.c. 7306)*
(Only applies to incumbents who are not physicians or dentists)
Assistant Under Secretaries for Health
Service Directors . . . .
Director, National Center
for Preventive Health . .
Minimum
$L23,290
L05,L23
Physician and Dentist Base and Longevity Schedule•••
$L65,956**
Maximum
$L53,U9
L53,L~9
Physician Grade
Dentist Grade .
$~03,395
$151,653
L03, 395
L5~,
653
Clinical Podiatrist, Chiropractor, and Optometrist Schedule
Chief Grade
$105,L23
Senior Grade.
89,370
Intermediate Grade.
75,628
Full Grade.
63,600
Associate Grade
53,062
Physician Assistant and Expanded-Function
Dental Auxiliary Schedule****
Director Grade.
$L05,123
Assistant Director Grade.
89,370
Chief Grade
75,628
Senior Grade.
63,600
Intermediate Grade.
53,062
Full Grade.
43,857
Associate Grade
37,740
Junior Grade.
32,264
$136,659
U6,181
98,317
82,680
68,983
$L36' 659
LL6,L8L
98,317
82,680
68,983
57,015
49,062
41,939
* This schedule does not apply to the Deputy Under Secretary for Health, the
Associate Deputy Under Secretary for Health, Assistant Under Secretaries for
Health who are physicians or dentists, Medical Directors, the Assistant Under
Secretary for Nursing Programs, or the Director of Nursing Services.
**Pursuant to 38 U.S.C. 7404(d), the rate of basic pay payable to these
employees is limited to the rate for level V of the Executive Schedule, which
is $153,800.
••• Pursuant to section 3 of Public Law 108-445 and 38 U.S.C. 7431, Veterans
Health Administration physicians and dentists 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.
4~07(b), as in effect on August
L4, L990, with subsequent adjustments.
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SCHEDULE 4--SENIOR EXECUTIVE SERVICE
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2018)
Agencies with a Certified SES
Performance Appraisal System .
Agencies without a Certified SES
Performance Appraisal System
Minimum
$126,148
$126,148
SCHEDULE 5--EXECUTIVE SCHEDULE
Maximum
$189,600
$174,500
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2018)
Level I
$210,700
Level II
189,600
Level III.
174,500
Level IV
164,200
Level v
153,800
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, 2018)
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
$243,500
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, 2018)
Chief Justice of the United States . . .
Associate Justices of the Supreme Court.
Circuit Judges . . . . . . . . . . .
District Judges ..........
.
Judges of the Court of International Trade
$267,000
255,300
220,600
208,000
208,000
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SCHEDULE 8--PAY OF THE UNIFORMED SERVICES
(Effective January 1, 2018)
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
$10,398.60
$10,739.40
$10,965.60
$11,028.60
$11,310.90
$11,781.90
$11,891.40
$12,339.00
$12,467.40
$12,852.90
$13,410.90
0-7
8,640.60
9,041.70
9,227.70
9,375.30
9,642.60
9,906.90
10,212.30
10,516.80
10,822.20
11, 781. 90
12. 591. 90
0-6**
6,552.30
7,198.50
7,671.00
7,671.00
7,700.40
8,030.40
8,073.90
8,073.90
8,532.60
9,343.80
9,819.90
0-5
5,462.40
6,153.60
6,579.00
6,659.40
6,925.50
7,084.20
7,434.00
7,690.80
8,022.30
8,529.60
8,770.50
0-4
4,713.00
5,455.50
5,820.00
5,900.70
6,238.50
6. 601.20
7,052.70
7,403.70
7,647.60
7,788.00
7,869.30
0-3***
4,143.90
4,697.10
5,069.70
5,527.80
5,793.00
6,083.40
6,271.20
6,580.20
6,741.60
6, 741.60
6, 741.60
0-2***
3,580.50
4,077.90
4,696.20
4,854.90
4,955.10
4,955.10
4,955.10
4,955.10
4,955.10
4,955.10
4,955.10
0-1***
3,107.70
3,234.90
3,910.20
3,910.20
3,910.20
3,910.20
3,910.20
3,910.20
3,910.20
3,910.20
3,910.20
COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE
AS AN ENLISTED MEMBER OR WARRANT OFFICER****
0-3E
$5,527.80
$5,793.00
$6,083.40
$6.271.20
$6,580.20
$6,840.90
$6,990.90
$7,194.60
0-2E
4,854.90
4,955.10
5,112.60
5,379.00
5,584.80
5,738.10
5,738.10
5,738.10
O-lE
3,910.20
4,175.40
4,329.90
4,487.70
4,642.80
4,854.90
4,854.90
4,854.90
WARRANT OFFICERS
W-5
W-4
$4,282.50
$4,606.50
$4,738.50
$4,868.70
$5,092.80
$5,314.50
$5,539.20
$5,876.40
$6,172.50
$6,454.20
$6,684.90
W-3
3,910.80
4,073.70
4,240.80
4,296.00
4,470.60
4,815.30
5,174.10
5,343.30
5,538.90
5,739.90
6,102.30
W-2
3,460.50
3,787.80
3,888.60
3,957.60
4,182.30
4,530.90
4,703.70
4,873.80
5,082.00
5,244.60
5,391.90
W-1
3,037.50
3,364.50
3,452.40
3,638.10
3,857.70
4,181. 70
4,332.60
4,543.80
4,751.70
4,915.50
5,065.80
Basic pay is limited to the rate of basic pay for level II of the Executive Schedule in effect during calendar year 2018, which is
$15,800.10 per month for officers at pay grades 0-7 through o-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, 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 2018, which is $12,816.60
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.
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Pay Grade
0-10*
0-9
0-9
0-7
0-6**
0-5
0-4
0-3***
0-2***
0-1***
0-3E
0-2E
O-lE
W-5
N-·4
W-3
N-2
W-1
SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 2)
{Effective January 1, 2018)
Part I--MONTHLY BASIC PAY
YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205)
Over 20
Over 22
over 24
Over 26
over 28
Over 30
over 32
over 34
over 36
Over 38
COMMISSIONED OFFICERS
$151800.10*
$151800 ,10*
$151800.10*
$151800.10*
$151800.10*
$151800.10*
$15 I BOO .10*
$15 I BOO .10*
$15 I BOO .10*
$15
I BOO. 10*
141696.40
141908.80
151214.50
151747.60
151747.60
151800.10*
15
I BOO .10*
15,B00.10*
15
I BOO .10*
15,800.10*
13,925.10
14,268.30
14,268.30
14,268.30
141268.30
141625.60
14,625.60
141991. OQ
14, 991.00
14,991.00
12,591.90
12,591.90
121591. 90
12,656.40
12,656.40
12,909.60
12,909.60
12,909.60
12,909.60
12,909.60
10,295.70
10' 566.60
101 841.10
11,372.40
11,372.40
11,599.80
11,599.80
11,599.80
11,599.80
11,599.80
9,009.30
91280.20
9,280.20
9,280.20
9,280.20
9,280.20
9,280.20
9,280.20
9,280.20
91280.20
7, 869.30
7,869.30
7,869.30
7,869.30
7,869.30
71869.30
7. 869.30
7,869'.30
7' 869.30
7,869.30
6, 741.60
6,741.60
6,741.60
6,741.60
61 741.60
6, 741.60
6, 741.60
6,741.60
61 741.60
6,741.60
4,955.10
4,955.10
4,955.10
4,955.10
41 955.10
4,955.10
4,955.10
4,955.10
4,955.10
4,955.10
3,910.20
3,910.20
3,910.20
3,910.20
3,910.20
3,910.20
3,910.20
3,910.20
3,910.20
3,910.20
COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE
AS AN ENLISTED MEMBER OR WARRANT OFFICER****
$7,194.60
$7,194.60
$71194,60
$7' 194.60
$7,194.60
$7,194.60
$7,194.60
$7' 194.60
$7,194.60
$7,194.60
5,738.10
5,738.10
5,738.10
5,738.10
5,738.10
5,738.10
5,738.10
5,738.10
5,738.10
5,738.10
4,854.90
4,854.90
4,854.90
4,854.90
4,854.90
4,854.90
4,854.90
4,854.90
4,854.90
4,854.90
WARRANT OFFICERS
$7,614.60
$8,000.70
$8,288.40
$9,606.70
$8' 606.70
$9,037.90
$9,037.90
$9,489.00
$9,499.00
$9,964.20
6,909.60
7 ,239. 90
7,511.10
7,820.70
7,820.70
7,976.70
7,976.70
7, 976.70
71976 o 70
7,976.70
6,346.80
6,492.90
6,648.30
6,860.10
6,960.10
6,860.10
6, 860. 10
6,860.10
6,860.10
6,860.10
5,568.30
5,684.10
5,775.90
5,775.90
5,775.90
5,775.90
5,775.90
5,775.90
5,775.90
5,775.90
5,248.80
5,248.80
5,249.80
5,248.80
5,248.80
5,24B.80
5,248.80
5,248.80
5, 248.80
5,248.80
Basic pay is limited to the rate of basic pay for level II of the Executive Schedule in effect during calendar year 2018, which is
$15,800.10 per month for officers at pay grades 0-7 through o-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, Commandant of
the Coast Guard, Chief of the National Guard Bureau, or commander of a unified or specified combata:pt 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 2018, which is $121816.60
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.
Over 40
$151800 .10*
15'
800 .10*
14,991.00
12,909.60
11,599.80
9,280. 20
7,869.30
61 741.60
4, 955.10
3,910.20
$7,194.60
5,738.10
4,854.90
$9,964.20
7' 976. 70
6, 860.10
5,775.90
5,24B.BO
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SCHEDULE 8--PAY OF THE UN~FORMED SERV~CES (PAGE 3)
(Effective January 1, 2018)
Part I--MONTHLY BASIC PAY
YEARS OF SERV~CE (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*
$5,173.80
$5,290.80
$5,439.00
$5,612.40
$5,788.20
E-8
$4,235.40
4,422.60
4,538.70
4,677.30
4,828.20
5,099.70
E-7
$2,944.20
$3,213.30
$3,336.60
$3,499.20
$3,626.70
3,845.10
3,968.40
4,186.80
4,368.90
4,493.10
4,625.10
E-6
2,546.40
2,802.30
2,925.90
3,046.20
3' 171.60
3,453.60
3,563.70
3,776.70
3,841.50
3,888.90
3,944.10
E-5
2,332.80
2,490.00
2,610.30
2,733.30
2,925.30
3,125.70
3,290.70
3,310.50
3,310.50
3,310.50
3,310.50
E-4
2,139.00
2,248.50
2,370.30
2,490.60
2,596.50
2,596.50
2,596.50
2,596.50
2,596.50
2,596.50
2,596.50
E-3
1,931.10
2,052.30
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
E-2
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
E-1**
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
E-1***
1,514.70
For noncommissioned officers serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Maste:
Sergeant of the Air Force, Sergeant Major of the Marine Corps, senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or Sen1or
Enlisted Advisor to the Chief of the National Guard Bureau, basic pay for this grade is $8,361.00 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.
61440
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SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 4)
(Effective January 1, 2018)
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
ENLISTED MEMBERS
E-9*
$6,068.70
$6,306.60
$6,556.20
$6,939.00
$6,939.00
$7,285.50
$7,285.50
$7,650.00
$7,650.00
$8,033.10
$8,033.10
E-8
5,237.40
5,471.70
5,601.90
5,921.70
5, 921.70
6,040.50
6,040.50
6,040.50
6,040.50
6,040.50
6,040.50
E-7
4,676.10
4,848.30
4,940.40
5, 291.40
5,291.40
5,291.40
5,291.40
5,291.40
5,291.40
5' 291.40
5,291.40
E-6
3,944.10
3,944.10
3,944.10
3,944.10
3,944.10
3,944.10
3,944.10
3,944.10
3' 944.10
3,944.10
3,944.10
E-5
3,310.50
3,310.50
3,310.50
3,310.50
3,310.50
3,310.50
3,310.50
3,310.50
3,310.50
3,310.50
3,310.50
E-4
2,596.50
2,596.50
2,596.50
2,596.50
2,596.50
2,596.50
2,596.50
2,596.50
2,596.50
2,596.50
2,596.50
E-3
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
2,176.80
E-2
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
1,836.30
E-1**
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
1,638.30
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 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 $8,361.00 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.
61441
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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
$1,087.80.
Note: As a result of the enactment of sections 602-604 of Public Law 105-85,
the National Defense Authorization Act for Fiscal Year 1998, the
Secretary of Defense now has the authority to adjust the rates of basic
allowances for subsistence and housing. Therefore, these allowances are
no longer adjusted by the President in conjunction with the adjustment
of basic pay for members of the uniformed services. Accordingly, the
tables of allowances included in previous orders are not included here.
61442
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[FR Doc. 2017–28160
Filed 12–26–17; 11:15 a.m.]
Billing code 6325–63–C
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SCHEDULE 9--LOCALITY-BASED COMPARABILITY PAYMENTS
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2018)
Locality Pay Area*
Rate
Alaska .......................................................
28. 02%
Albany-Schenectady, NY .......................................
16.50%
Albuquerque-Santa Fe-Las Vegas, NM ...........................
15.76%
Atlanta-Athens-Clarke County-Sandy Springs, GA-AL ............
21.16%
Austin-Round Rock, TX ........................................
16.71%
Boston-Worcester-Providence, MA-RI-NH-CT-ME ..................
27.48%
Buffalo-Cheektowaga, NY ......................................
19.18%
Charlotte-Concord, NC-SC .....................................
16.21%
Chicago-Naperville, IL-IN-WI .................................
27.47%
Cincinnati-Wilmington-Maysville, OH-KY-IN ....................
19.87%
Cleveland-Akron-canton, OH ...................................
20.08%
Colorado Springs, CO .........................................
16.59%
Columbus-Marion-Zanesville, OH ...............................
18.97%
Dallas-Fort Worth, TX-OK .....................................
23.40%
Davenport-Moline, IA-IL ......................................
16.08%
Dayton-Springfield-Sidney, OH ................................
18.11%
Denver-Aurora, CO ............................................
25.47%
Detroit-Warren-Ann Arbor, MI .................................
26.25%
Harrisburg-Lebanon, PA .......................................
16.15%
Hartford-West Hartford, CT-MA ................................
28.21%
Hawaii .......................................................
18.43%
Houston-The woodlands, TX ....................................
31.74%
Huntsville-Decatur-Albertville, AL ...........................
18.49%
Indianapolis-Carmel-Muncie, IN ...............................
16.23%
Kansas City-Overland Park-Kansas City, MO-KS .................
16.10%
Laredo, TX ...................................................
17.40%
Las Vegas-Henderson, NV-AZ ..............................
·
.....
16.49%
Los Angeles-Long Beach, CA ...................................
30.57%
Miami-Fort Lauderdale-Port St. Lucie, FL .....................
22.64%
Milwaukee-Racine-Waukesha, WI ................................
20.14%
Minneapolis-St. Paul, MN-WI .... , .............................
23.37%
New York-Newark, NY-NJ-CT-PA .................................
32.13%
Palm Bay-Melbourne-Titusville, FL ............................
15.93%
Philadelphia-Reading-Camden, PA-NJ-DE-MD .....................
24.59%
Phoenix-Mesa-Scottsdale, AZ ..................................
19.09%
Pittsburgh-New Castle-Weirton, PA-OH-WV ......................
18.35%
Portland-Vancouver-Salem, OR-WA ..............................
22.53%
Raleigh-Durham-Chapel Hill, NC ...............................
19.52%
Richmond, VA .................................................
18.79%
Sacramento-Roseville, CA-NV ..................................
24.86%
San Diego-Carlsbad, CA .......................................
27.88%
san Jose-San Francisco-Oakland, CA ...........................
39.28%
Seattle-Tacoma, WA ...........................................
25.11%
St. Louis-St. Charles-Farmington, MO-IL ......................
16.47%
Tucson-Nogales, AZ ............................................
16. 17%
Washington-Baltimore-Arlington, DC-MD-VA-WV-PA ...............
28.22%
Rest of u.s ..................................................
15.37%
Locality Pay Areas sre defined in 5 CFR 531.603.
SCHEDULE 10--ADMINISTRATIVE LAW JUDGES
(Effective on the first day of the first applicable pay period
beginning on or after January 1, 2018)
AL-3/A .......................................................
$109,600
AL-3/B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117,900
AL-3/C ....................................................... 126,400
AL-3/D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134,900
AL-3/E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143,500
AL-3/F ....................................................... 151,700
AL-2
160,100
AL-l ......................................................... 164,200
| Adjustments of Certain Rates of Pay | 2017-12-22T00:00:00 | f339adfce3bb46a036a3f371fa778cc91019f3a3cb5ebdf9afa6e2a0c0d5f92b |
Presidential Executive Order | 2017-18134 (13807) | Presidential Documents
40463
Federal Register
Vol. 82, No. 163
Thursday, August 24, 2017
Title 3—
The President
Executive Order 13807 of August 15, 2017
Establishing Discipline and Accountability in the Environ-
mental Review and Permitting Process for Infrastructure
Projects
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 that the
Federal environmental review and permitting process for infrastructure
projects is coordinated, predictable, and transparent, it is hereby ordered
as follows:
Section 1. Purpose. America needs increased infrastructure investment to
strengthen our economy, enhance our competitiveness in world trade, create
jobs and increase wages for our workers, and reduce the costs of goods
and services for our families. The poor condition of America’s infrastructure
has been estimated to cost a typical American household thousands of
dollars each year. Inefficiencies in current infrastructure project decisions,
including management of environmental reviews and permit decisions or
authorizations, have delayed infrastructure investments, increased project
costs, and blocked the American people from enjoying improved infrastruc-
ture that would benefit our economy, society, and environment. More effi-
cient and effective Federal infrastructure decisions can transform our econ-
omy, so the Federal Government, as a whole, must change the way it
processes environmental reviews and authorization decisions.
Sec. 2. Policy. It is the policy of the Federal Government to:
(a) safeguard our communities and maintain a healthy environment;
(b) ensure that Federal authorities make informed decisions concerning
the environmental impacts of infrastructure projects;
(c) develop infrastructure in an environmentally sensitive manner;
(d) provide transparency and accountability to the public regarding envi-
ronmental review and authorization decisions;
(e) be good stewards of public funds, including those used to develop
infrastructure projects, and avoid duplicative and wasteful processes;
(f) conduct environmental reviews and authorization processes in a coordi-
nated, consistent, predictable, and timely manner in order to give public
and private investors the confidence necessary to make funding decisions
for new infrastructure projects;
(g) speak with a coordinated voice when conducting environmental reviews
and making authorization decisions; and
(h) make timely decisions with the goal of completing all Federal environ-
mental reviews and authorization decisions for major infrastructure projects
within 2 years.
Sec. 3. Definitions. The terms of this order shall be applied consistently
with those defined under 42 U.S.C. 4370m and implementing guidance
to the maximum extent possible. The following definitions shall specifically
apply:
(a) ‘‘Authorization’’ means any license, permit, approval, finding, deter-
mination, or other administrative decision issued by a Federal department
or agency (agency) that is required or authorized under Federal law in
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order to site, construct, reconstruct, or commence operations of an infrastruc-
ture project, including any authorization under 42 U.S.C. 4370m(3).
(b) ‘‘CAP Goals’’ means Federal Government Priority Goals established
by the Government Performance and Results Act (GPRA) Modernization
Act of 2010, Public Law 111–352, 124 Stat. 3866, and commonly referred
to as Cross-Agency Priority (CAP) Goals.
(c) ‘‘Federal Permitting Improvement Steering Council’’ or ‘‘FPISC’’ means
the entity established under 42 U.S.C. 4370m–1.
(d) ‘‘Infrastructure project’’ means a project to develop the public and
private physical assets that are designed to provide or support services
to the general public in the following sectors: surface transportation, includ-
ing roadways, bridges, railroads, and transit; aviation; ports, including naviga-
tional channels; water resources projects; energy production and generation,
including from fossil, renewable, nuclear, and hydro sources; electricity
transmission; broadband Internet; pipelines; stormwater and sewer infrastruc-
ture; drinking water infrastructure; and other sectors as may be determined
by the FPISC.
(e) ‘‘Major infrastructure project’’ means an infrastructure project for which
multiple authorizations by Federal agencies will be required to proceed
with construction, the lead Federal agency has determined that it will prepare
an environmental impact statement (EIS) under the National Environmental
Policy Act (NEPA), 42 U.S.C. 4321 et seq., and the project sponsor has
identified the reasonable availability of funds sufficient to complete the
project.
(f) ‘‘Permitting timetable’’ means an environmental review and authoriza-
tion schedule, or other equivalent schedule, for a project or group of projects
that identifies milestones—including intermediate and final completion dates
for action by each agency on any Federal environmental review or authoriza-
tion required for a project or group of projects—that is prepared by the
lead Federal agency in consultation with all cooperating and participating
agencies.
Sec. 4. Agency Performance Accountability. Federal agencies should follow
transparent and coordinated processes for conducting environmental reviews
and making authorization decisions. These processes must include early
and open coordination among Federal, State, tribal, and local agencies and
early engagement with the public. Holding Federal agencies accountable
for their progress on implementing the policy set forth in section 2 of
this order should, among other things, produce measurably better environ-
mental outcomes with respect to infrastructure development.
(a) Performance Priority Goals.
(i) CAP Goal. A CAP Goal is a Federal tool for accelerating progress
in priority areas that require active collaboration among multiple agencies
to overcome organizational barriers and to achieve better performance
than one agency could achieve on its own. Within 180 days of the date
of this order, the Director of the Office of Management and Budget (OMB),
in consultation with the FPISC, shall establish a CAP Goal on Infrastructure
Permitting Modernization so that, where permitted by law:
(A) Federal environmental reviews and authorization processes for infra-
structure projects are consistent, coordinated, and predictable; and
(B) the time for the Federal Government’s processing of environmental
reviews and authorization decisions for new major infrastructure projects
should be reduced to not more than an average of approximately 2 years,
measured from the date of the publication of a notice of intent to prepare
an environmental impact statement or other benchmark deemed appro-
priate by the Director of OMB.
(ii) Agency Goals. All Federal agencies with environmental review, author-
ization, or consultation responsibilities for infrastructure projects shall
modify their Strategic Plans and Annual Performance Plans under the
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GPRA Modernization Act of 2010 to include agency performance goals
related to the completion of environmental reviews and authorizations
for infrastructure projects consistent with the new CAP Goal on Infrastruc-
ture Permitting Modernization. The agencies shall integrate the achieve-
ment of these performance goals into appropriate agency personnel per-
formance plans, such as those of the agency Chief Environmental Review
and Permitting Officers (CERPOs) or other appropriate officials, consistent
with guidance to be provided by OMB, in consultation with the Office
of Personnel Management. Progress on these goals shall be reviewed and
analyzed by agency leadership, pursuant to the GPRA Modernization Act
of 2010.
(b) Accountability. Within 180 days of the establishment of the CAP Goal
on Infrastructure Permitting Modernization, as described in subsection (a)
of this section, or such longer period of time as determined by the Director
of OMB, OMB, in consultation with the FPISC, shall issue guidance for
establishing a performance accountability system to facilitate achievement
of the CAP Goal.
(i) Tracking of Major Infrastructure Projects. The performance account-
ability system shall track each major infrastructure project. The perform-
ance accountability system shall include, at a minimum, assessments of
the agency’s performance with respect to each of the following areas,
as applicable:
(A) whether major infrastructure projects are processed using the ‘‘One
Federal Decision’’ mechanism, as described in subsection 5(b) of this
order;
(B) whether major infrastructure projects have a permitting timetable;
(C) whether major infrastructure projects follow an effective process
that automatically elevates instances in which permitting timetable mile-
stones are missed or extended, or are anticipated to be missed or extended,
to appropriate senior agency officials;
(D) whether agencies are meeting the established milestones in the per-
mitting timetable;
(E) the time it takes to complete the processing of environmental reviews
and authorizations for each major infrastructure project; and
(F) the costs of the environmental reviews and authorizations for each
major infrastructure project.
(ii) Scoring. The accountability system shall include a scoring mechanism
that shall follow, at a minimum, the following procedures:
(A) agencies will submit information to OMB, consistent with existing
reporting mechanisms to the maximum extent possible, on the assessment
areas described in subsection (b)(i) of this section;
(B) at least once per quarter, OMB will produce a scorecard of agency
performance and overall progress toward achieving CAP Goal targets;
(C) where an agency’s inability to meet a permitting timetable milestone
results in a significant delay of the project timeline, after consulting with
the project sponsor and relevant agencies, agencies will submit (based
on OMB guidance) an estimate of the delay’s costs to the project; and
(D) the Director of OMB will consider each agency’s performance during
budget formulation and determine whether appropriate penalties, including
those authorized at 23 U.S.C. 139(h)(7) and 33 U.S.C. 2348(h)(5), must
or should be imposed, to the extent required or permitted by law, for
those that significantly fail to meet a permitting timetable milestone or
in other situations deemed appropriate by the Director of OMB after consid-
ering the causes of any poor performance.
(iii) Best Practices. Agencies shall implement the techniques and strategies
the FPISC annually identifies as best practices pursuant to 42 U.S.C.
4370m–1(c)(2)(B), as appropriate. The performance accountability system
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shall track and score agencies on the incorporation and implementation
of appropriate best practices for all infrastructure projects, including the
implementation of such best practices at an agency’s field level.
Sec. 5. Process Enhancements. In furtherance of the policy described in
section 2 of this order, Federal agencies shall follow a more unified environ-
mental review and authorization process.
(a) Processing of Major Infrastructure Projects. In processing environmental
reviews and authorizations for major infrastructure projects, Federal agencies
shall:
(i) use ‘‘One Federal Decision’’ described in subsection (b) of this section;
(ii) develop and follow a permitting timetable, which shall be reviewed
and updated at least quarterly by the lead Federal agency in consultation
with Federal cooperating and participating agencies; and
(iii) follow an effective process that automatically elevates instances where
a permitting timetable milestone is missed or extended, or is anticipated
to be missed or extended, to appropriate senior agency officials of the
lead Federal agency and the cooperating and participating Federal agency
or agencies to which the milestone applies.
(b) One Federal Decision.
(i) Each major infrastructure project shall have a lead Federal agency,
which shall be responsible for navigating the project through the Federal
environmental review and authorization process, including the identifica-
tion of a primary Federal point of contact at each Federal agency. All
Federal cooperating and participating agencies shall identify points of
contact for each project, cooperate with the lead Federal agency point
of contact, and respond to all reasonable requests for information from
the lead Federal agency in a timely manner.
(ii) With respect to the applicability of NEPA to a major infrastructure
project, the Federal lead, cooperating, and participating agencies for each
major infrastructure project shall all record any individual agency decision
in one Record of Decision (ROD), which shall be coordinated by the
lead Federal agency unless the project sponsor requests that agencies
issue separate NEPA documents, the NEPA obligations of a cooperating
or participating agency have already been satisfied, or the lead Federal
agency determines that a single ROD would not best promote completion
of the project’s environmental review and authorization process. The Fed-
eral lead, cooperating, and participating agencies shall all agree to a permit-
ting timetable that includes the completion dates for the ROD and the
federally required authorizations for the project.
(iii) All Federal authorization decisions for the construction of a major
infrastructure project shall be completed within 90 days of the issuance
of a ROD by the lead Federal agency, provided that the final EIS includes
an adequate level of detail to inform agency decisions pursuant to their
specific statutory authority and requirements. The lead Federal agency
may extend the 90-day deadline if the lead Federal agency determines
that Federal law prohibits the agency from issuing its approval or permit
within the 90-day period, the project sponsor requests that the permit
or approval follow a different timeline, or the lead Federal agency deter-
mines that an extension would better promote completion of the project’s
environmental review and authorization process.
(iv) The Council on Environmental Quality (CEQ) and OMB shall develop
the framework for implementing One Federal Decision, in consultation
with the FPISC.
(A) The framework should be consistent with the model processes estab-
lished under 42 U.S.C. 4370m–2, 23 U.S.C. 139, 33 U.S.C. 2348, the
2015 ‘‘Red Book’’ (officially entitled ‘‘Synchronizing Environmental Re-
views for Transportation and Other Infrastructure Projects’’), and CEQ
guidance on efficient and timely environmental reviews under NEPA.
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(B) The framework shall also include guidance on the development
of permitting timetables by the lead Federal agencies, in collaboration
with Federal cooperating and participating agencies. Permitting timetables
shall identify estimated intermediate and final completion dates for all
environmental reviews and authorizations that are reasonably anticipated
as being needed for a project, including the process for granting extensions
of any established dates. The guidance shall specify that lead Federal
agencies need not include the estimated intermediate and final completion
dates of any such reviews or authorizations until the design of a project
has sufficiently advanced so that they can be developed. In such cases,
the guidance shall instruct lead Federal agencies to estimate when the
project’s design will be advanced enough to determine such dates. The
timelines shall account for any federally required decisions or permits
that are assumed by, or delegated to, State, tribal, or local agencies and
the extent to which any approval or permit to be issued by a Federal
agency is dependent upon the issuance of such a decision or permit.
(C) CEQ and OMB shall also develop guidance for applying One Federal
Decision whenever the lead agency is a State, tribal, or local agency
exercising an assignment or delegation of an agency’s NEPA responsibil-
ities.
(c) Dashboard. All projects subject to 23 U.S.C. 139 and ‘‘covered projects’’
under 42 U.S.C. 4370m shall be tracked on the Dashboard established under
42 U.S.C. 4370m–2(b). Other projects or classes of projects subject to special
environmental review and authorization streamlining processes similar to
those referenced in this subsection may also be tracked on the Dashboard
at the discretion of the FPISC Executive Director. The dates for milestones
of all projects tracked on the Dashboard shall be updated monthly, or on
another appropriate timeline as may be determined by the FPISC Executive
Director.
(d) Executive Order 13766. For purposes of implementing Executive Order
13766 of January 24, 2017 (Expediting Environmental Reviews and Approvals
for High Priority Infrastructure Projects), all infrastructure projects that meet
the criteria for, and are subject to, 23 U.S.C. 139, 33 U.S.C. 2348, or 42
U.S.C. 4370m–4370m–12 shall qualify as high priority projects under Execu-
tive Order 13766. Other projects or classes of projects subject to special
environmental review and authorization streamlining processes, similar to
those referenced in this subsection as may be determined by the FPISC
Executive Director in consultation with OMB and CEQ, shall also qualify
as high priority infrastructure projects under Executive Order 13766. The
CEQ Chairman’s responsibilities under sections 2 and 3 of Executive Order
13766 shall be satisfied by referring the project to the FPISC Executive
Director, the Secretary of Transportation, or the Assistant Secretary of the
Army for Civil Works, as appropriate.
(e) Council on Environmental Quality.
(i) Directives. Within 30 days of the date of this order, the CEQ shall
develop an initial list of actions it will take to enhance and modernize
the Federal environmental review and authorization process. Such actions
should include issuing such regulations, guidance, and directives as CEQ
may deem necessary to:
(A) ensure optimal interagency coordination of environmental review
and authorization decisions, including by providing for an expanded role
and authorities for lead agencies, more clearly defined responsibilities
for cooperating and participating agencies, and Government-wide applica-
bility of NEPA decisions and analyses;
(B) ensure that environmental reviews and authorization decisions in-
volving multiple agencies are conducted in a manner that is concurrent,
synchronized, timely, and efficient;
(C) provide for agency use, to the maximum extent permitted by law,
of environmental studies, analysis, and decisions conducted in support
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of earlier Federal, State, tribal, or local environmental reviews or authoriza-
tion decisions; and
(D) ensure that agencies apply NEPA in a manner that reduces unneces-
sary burdens and delays as much as possible, including by using CEQ’s
authority to interpret NEPA to simplify and accelerate the NEPA review
process.
(ii) Dispute Resolution. Except where dispute resolution processes are
otherwise provided for in law, including under 42 U.S.C. 4370m–2, or
by Executive Order or other Presidential directive, upon request of a
lead Federal agency, cooperating agency, or participating agency, CEQ
may mediate interagency disputes arising between Federal agencies con-
cerning Federal environmental review or authorization decisions for any
infrastructure project pertaining to any environmental law, regulation, order
or policy, and shall facilitate resolution of any conflicting positions of
the relevant agencies.
(iii) Agency Procedures. CEQ shall form and lead an interagency working
group, consisting of the Director of OMB, agency CERPOs, and such other
representatives of agencies as CEQ deems appropriate. The working group
shall review the NEPA implementing regulations and other environmental
review and authorization processing policies of agencies that are members
of the FPISC to identify impediments to efficient and effective environ-
mental reviews and authorizations for infrastructure projects. The working
group shall also identify those agencies that require an action plan to
address identified impediments. Based on this review, agencies shall de-
velop action plans that set forth the actions they will take and timelines
for completing those actions, and they shall submit those action plans
to CEQ and OMB for comment. Each agency’s action plan shall, at a
minimum, establish procedures for a regular review and update of categor-
ical exclusions, where appropriate.
(f) Federal Permitting Improvement Steering Council.
(i) Organizational Support. Unless otherwise determined by the Director
of OMB, the General Services Administration (GSA) shall provide necessary
administrative and organizational support to the FPISC, including per-
sonnel, procurement, and budget support. The GSA Administrator, or
the head of another agency designated by the Director of OMB, may
delegate any authority to the FPISC Executive Director necessary for the
operation and administration of the FPISC and the Office of the Executive
Director, and the Executive Director may redelegate these authorities, as
appropriate.
(ii) Additional Duties. In addition to the duties and responsibilities charged
to the FPISC Executive Director under 42 U.S.C. 4370m–4370m–12 and
this order, the FPISC Executive Director may, upon request of a FPISC
member agency or a project sponsor, work with the lead agency or any
cooperating and participating agencies to facilitate the environmental re-
view and authorization process for any infrastructure project regardless
of whether the project is a ‘‘covered project’’ under 42 U.S.C. 4370m,
including by resolving disputes and promoting early coordination. The
FPISC Executive Director, the Director of OMB, or the Chairman of CEQ
may establish any appropriate policies or procedures concerning the FPISC
Executive Director’s facilitation of the environmental review and authoriza-
tion process under this subsection. Agencies must cooperate with the
FPISC Executive Director with respect to the implementation of these
additional duties.
(g) Energy Corridors. The Departments of the Interior and Agriculture,
as appropriate, shall be the lead agencies for facilitating the identification
and designation of energy right-of-way corridors on Federal lands for Govern-
ment-wide expedited environmental review for the development of energy
infrastructure projects.
(h) The Department of the Interior shall provide to OMB a strategy and
recommendations for a multi-agency reorganization effort that would further
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the aims of this order. OMB, in consultation with the Department of the
Interior, shall coordinate with the heads of other agencies affected to incor-
porate the strategy, as appropriate, into the comprehensive reorganization
plan developed under Executive Order 13781 of March 13, 2017 (Comprehen-
sive Plan for Reorganizing the Executive Branch).
Sec. 6. Executive Order 13690 of January 30, 2015 (Establishing a Federal
Flood Risk Management Standard and a Process for Further Soliciting and
Considering Stakeholder Input), 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, 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,
August 15, 2017.
[FR Doc. 2017–18134
Filed 8–23–17; 11:15 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-21559 (13812) | Presidential Documents
46367
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Presidential Documents
Executive Order 13812 of September 29, 2017
Revocation of Executive Order Creating Labor-Management
Forums
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 Government should spend tax dollars
responsibly, efficiently, and in the public interest. The National Council
on Federal Labor-Management Relations (Council) and related agency-level
labor-management forums have consumed considerable managerial time and
taxpayer resources, but they have not fulfilled their goal of promoting collabo-
ration in the Federal workforce. Public expenditures on the Council and
related forums have produced few benefits to the public, and they should,
therefore, be discontinued.
Sec. 2. Revocations. (a) Executive Order 13522 of December 9, 2009 (Creating
Labor-Management Forums to Improve Delivery of Government Services),
as extended by Executive Order 13708 of September 30, 2015 (Continuance
or Reestablishment of Certain Federal Advisory Committees), which estab-
lished the Council and implemented labor-management forums throughout
the executive branch, is hereby revoked.
(b) The Director of the Office of Personnel Management and heads of
executive departments and agencies shall, consistent with law, promptly
move to rescind any orders, rules, regulations, guidelines, programs, or
policies implementing or enforcing Executive Order 13522.
Sec. 3. General Provisions. (a) Nothing in this order shall abrogate any
collective bargaining agreements in effect on the date 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.
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(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,
September 29, 2017.
[FR Doc. 2017–21559
Filed 10–3–17; 11:15 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-15860 (13806) | Presidential Documents
34597
Federal Register
Vol. 82, No. 142
Wednesday, July 26, 2017
Title 3—
The President
Executive Order 13806 of July 21, 2017
Assessing and Strengthening the Manufacturing and Defense
Industrial Base and Supply Chain Resiliency 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. Policy. A healthy manufacturing and defense industrial base and
resilient supply chains are essential to the economic strength and national
security of the United States. The ability of the United States to maintain
readiness, and to surge in response to an emergency, directly relates to
the capacity, capabilities, and resiliency of our manufacturing and defense
industrial base and supply chains. Modern supply chains, however, are
often long and the ability of the United States to manufacture or obtain
goods critical to national security could be hampered by an inability to
obtain various essential components, which themselves may not be directly
related to national security. Thus, the United States must maintain a manufac-
turing and defense industrial base and supply chains capable of manufac-
turing or supplying those items.
The loss of more than 60,000 American factories, key companies, and almost
5 million manufacturing jobs since 2000 threatens to undermine the capacity
and capabilities of United States manufacturers to meet national defense
requirements and raises concerns about the health of the manufacturing
and defense industrial base. The loss of additional companies, factories,
or elements of supply chains could impair domestic capacity to create,
maintain, protect, expand, or restore capabilities essential for national secu-
rity.
As the manufacturing capacity and defense industrial base of the United
States have been weakened by the loss of factories and manufacturing jobs,
so too have workforce skills important to national defense. This creates
a need for strategic and swift action in creating education and workforce
development programs and policies that support job growth in manufacturing
and the defense industrial base.
Strategic support for a vibrant domestic manufacturing sector, a vibrant
defense industrial base, and resilient supply chains is therefore a significant
national priority. A comprehensive evaluation of the defense industrial base
and supply chains, with input from multiple executive departments and
agencies (agencies), will provide a necessary assessment of our current
strengths and weaknesses.
Sec. 2. Assessment of the Manufacturing Capacity, Defense Industrial Base,
and Supply Chain Resiliency of the United States. Within 270 days of
the date of this order, the Secretary of Defense, in coordination with the
Secretaries of Commerce, Labor, Energy, and Homeland Security, and in
consultation with the Secretaries of the Interior and Health and Human
Services, the Director of the Office of Management and Budget, the Director
of National Intelligence, the Assistant to the President for National Security
Affairs, the Assistant to the President for Economic Policy, the Director
of the Office of Trade and Manufacturing Policy, and the heads of such
other agencies as the Secretary of Defense deems appropriate, shall provide
to the President an unclassified report, with a classified annex as needed,
that builds on current assessment and evaluation activities, and:
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(a) identifies the military and civilian materiel, raw materials, and other
goods that are essential to national security;
(b) identifies the manufacturing capabilities essential to producing the
goods identified pursuant to subsection (a) of this section, including emerging
capabilities;
(c) identifies the defense, intelligence, homeland, economic, natural, geo-
political, or other contingencies that may disrupt, strain, compromise, or
eliminate the supply chains of goods identified pursuant to subsection (a)
of this section (including as a result of the elimination of, or failure to
develop domestically, the capabilities identified pursuant to subsection (b)
of this section) and that are sufficiently likely to arise so as to require
reasonable preparation for their occurrence;
(d) assesses the resiliency and capacity of the manufacturing and defense
industrial base and supply chains of the United States to support national
security needs upon the occurrence of the contingencies identified pursuant
to subsection (c) of this section, including an assessment of:
(i) the manufacturing capacity of the United States and the physical plant
capacity of the defense industrial base, including their ability to modernize
to meet future needs;
(ii) gaps in national-security-related domestic manufacturing capabilities,
including non-existent, extinct, threatened, and single-point-of-failure capa-
bilities;
(iii) supply chains with single points of failure or limited resiliency,
especially at suppliers third-tier and lower;
(iv) energy consumption and opportunities to increase resiliency through
better energy management;
(v) current domestic education and manufacturing workforce skills;
(vi) exclusive or dominant supply of the goods (or components thereof)
identified pursuant to subsection (a) of this section by or through nations
that are or are likely to become unfriendly or unstable; and
(vii) the availability of substitutes for or alternative sources for the goods
identified pursuant to subsection (a) of this section;
(e) identifies the causes of any aspect of the defense industrial base or
national-security-related supply chains assessed as deficient pursuant to sub-
section (d) of this section; and
(f) recommends such legislative, regulatory, and policy changes and other
actions by the President or the heads of agencies as they deem appropriate
based upon a reasoned assessment that the benefits outweigh the costs
(broadly defined to include any economic, strategic, and national security
benefits or costs) over the short, medium, and long run to:
(i) avoid, or prepare for, any contingencies identified pursuant to subsection
(c) of this section;
(ii) ameliorate any aspect of the defense industrial base or national-security-
related supply chains assessed as deficient pursuant to subsection (d)
of this section; and
(iii) strengthen the United States manufacturing capacity and defense in-
dustrial base and increase the resiliency of supply chains critical to national
security.
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.
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(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,
July 21, 2017.
[FR Doc. 2017–15860
Filed 7–25–17; 8:45 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-15680 (13805) | Presidential Documents
34383
Title 3—
The President
Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Presidential Documents
Executive Order 13805 of July 19, 2017
Establishing a Presidential Advisory Council on Infrastruc-
ture
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 shall be the policy of the executive branch to advance
infrastructure projects that create high-quality jobs for American workers,
enhance productivity, improve quality of life, protect the environment, and
strengthen economic growth.
Sec. 2. Establishment of Council. There is established in the Department
of Commerce the Presidential Advisory Council on Infrastructure (Council).
Sec. 3. Membership of Council. (a) The Council shall be composed of not
more than 15 members. The members shall be appointed by the President
and drawn from the public with relevant experience or subject-matter exper-
tise to represent the interests of the following infrastructure sectors:
(i) real estate;
(ii) finance;
(iii) construction;
(iv) communications and technology;
(v) transportation and logistics;
(vi) labor;
(vii) environmental policy;
(viii) regional and local economic development; and
(ix) other sectors determined by the President to be of value to the Council.
(b) The President shall designate two Co-Chairs of the Council from among
the Council’s members. The Co-Chairs may designate one or more Vice
Chairs from among the Council’s members.
Sec. 4. Mission of Council. The Council shall study the scope and effective-
ness of, and make findings and recommendations to the President regarding,
Federal Government funding, support, and delivery of infrastructure projects
in several sectors, including surface transportation, aviation, ports and water-
ways, water resources, renewable energy generation, electricity transmission,
broadband, pipelines, and other such sectors as determined by the Council.
In pursuing its mission, the Council shall make findings and recommenda-
tions concerning the following:
(a) prioritizing the Nation’s infrastructure needs;
(b) accelerating pre-construction approval processes;
(c) developing funding and financing options capable of generating new
infrastructure investment over the next 10 years;
(d) identifying methods to increase public-private partnerships for infra-
structure projects, including appropriate statutory or regulatory changes;
(e) identifying best practices in and opportunities to improve procurement
methods, grant procedures, and infrastructure delivery systems; and
(f) promoting advanced manufacturing and infrastructure-related techno-
logical innovation.
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Sec. 5. Administration of Council. (a) The Department of Commerce shall
provide the Council with such administrative support, including staff, facili-
ties, equipment, and other support services, as may be necessary to carry
out its mission.
(b) The Secretary of Commerce shall, within 60 days of the date of this
order, submit questions to the Council for consideration in its work and
report.
(c) Members of the Council shall serve without any additional compensa-
tion for their work on the Council. Members of the Council appointed
from among private citizens of the United States, while engaged in the
work of the Council, may be allowed travel expenses, including per diem
in lieu of subsistence, to the extent permitted by law for persons serving
intermittently in Government service (5 U.S.C. 5701–5707), consistent with
the availability of appropriations.
(d) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C.
App.) (Act), may apply to the Council, any functions of the President under
that Act, except for those in section 6 and section 14 of that Act, shall
be performed by the Secretary of Commerce, in accordance with the guide-
lines that have been issued by the Administrator of General Services.
Sec. 6. Report of Council. The Council shall submit to the President a
report containing its findings and recommendations.
Sec. 7. Termination of Council. The Council shall terminate on December
31, 2018, unless extended by the President before that date, or within
60 days after submitting its report pursuant to section 6 of this order,
whichever occurs first.
Sec. 8. General Provisions. (a) The heads of executive departments and
agencies shall cooperate with and provide information to the Council as
may be necessary to carry out the mission of the Council, consistent with
applicable law.
(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.
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(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 19, 2017.
[FR Doc. 2017–15680
Filed 7–24–17; 8:45 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-20647 (13810) | Presidential Documents
44705
Federal Register
Vol. 82, No. 184
Monday, September 25, 2017
Title 3—
The President
Executive Order 13810 of September 20, 2017
Imposing Additional Sanctions With Respect to North Korea
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.), the United Nations Participation Act
of 1945 (22 U.S.C. 287c) (UNPA), section 1 of title II of Public Law 65–
24, ch. 30, June 15, 1917, as amended (50 U.S.C. 191), 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; and in view
of United Nations Security Council Resolution (UNSCR) 2321 of November
30, 2016, UNSCR 2356 of June 2, 2017, UNSCR 2371 of August 5, 2017,
and UNSCR 2375 of September 11, 2017, I, DONALD J. TRUMP, President
of the United States of America, find that:
The provocative, destabilizing, and repressive actions and policies of the
Government of North Korea, including its intercontinental ballistic missile
launches of July 3 and July 28, 2017, and its nuclear test of September
2, 2017, each of which violated its obligations under numerous UNSCRs
and contravened its commitments under the September 19, 2005, Joint State-
ment of the Six-Party Talks; its commission of serious human rights abuses;
and its use of funds generated through international trade to support its
nuclear and missile programs and weapons proliferation, constitute a con-
tinuing threat to the national security, foreign policy, and economy of the
United States, and a disturbance of the international relations of the United
States.
In order to take further steps with respect to the national emergency declared
in Executive Order 13466 of June 26, 2008, as modified in scope by and
relied upon for additional steps in subsequent Executive Orders, I hereby
find, determine, and 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 operate in the construction, energy, financial services, fishing, infor-
mation technology, manufacturing, medical, mining, textiles, or transpor-
tation industries in North Korea;
(ii) to own, control, or operate any port in North Korea, including any
seaport, airport, or land port of entry;
(iii) to have engaged in at least one significant importation from or expor-
tation to North Korea of any goods, services, or technology;
(iv) to be a North Korean person, including a North Korean person that
has engaged in commercial activity that generates revenue for the Govern-
ment of North Korea or the Workers’ Party of Korea;
(v) 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
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(vi) 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 effective
date of this order. The prohibitions in subsection (a) of this section are
in addition to export control authorities implemented by the Department
of Commerce.
(c) 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 subsection (a) of this section would seriously impair
my ability to deal with the national emergency declared in Executive Order
13466, and I hereby prohibit such donations as provided by subsection
(a) of this section.
(d) The prohibitions in subsection (a) of this section include:
(i) 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 subsection (a) of this section; and
(ii) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 2. (a) No aircraft in which a foreign person has an interest that has
landed at a place in North Korea may land at a place in the United States
within 180 days after departure from North Korea.
(b) No vessel in which a foreign person has an interest that has called
at a port in North Korea within the previous 180 days, and no vessel
in which a foreign person has an interest that has engaged in a ship-
to-ship transfer with such a vessel within the previous 180 days, may
call at a port in the United States.
(c) The prohibitions in subsections (a) and (b) 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 effective
date of this order.
Sec. 3. (a) All funds 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 that originate from, are destined
for, or pass through a foreign bank account that has been determined by
the Secretary of the Treasury to be owned or controlled by a North Korean
person, or to have been used to transfer funds in which any North Korean
person has an interest, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in.
(b) No United States person, wherever located, may approve, finance,
facilitate, or guarantee a transaction by a foreign person where the transaction
by that foreign person would be prohibited by subsection (a) of this section
if performed by a United States person or within the United States.
(c) The prohibitions in subsections (a) and (b) 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 effective
date of this order.
Sec. 4. (a) The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to impose on a foreign financial institution
the sanctions described in subsection (b) of this section upon determining
that the foreign financial institution has, on or after the effective date of
this order:
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(i) knowingly conducted or facilitated any significant transaction on behalf
of any person whose property and interests in property are blocked pursu-
ant to Executive Order 13551 of August 30, 2010, Executive Order 13687
of January 2, 2015, Executive Order 13722 of March 15, 2016, or this
order, or of any person whose property and interests in property are
blocked pursuant to Executive Order 13382 in connection with North
Korea-related activities; or
(ii) knowingly conducted or facilitated any significant transaction in con-
nection with trade with North Korea.
(b) With respect to any foreign financial institution determined by the
Secretary of the Treasury, in consultation with the Secretary of State, in
accordance with this section to meet the criteria set forth in subsection
(a)(i) or (a)(ii) of this section, the Secretary of the Treasury may:
(i) prohibit the opening and prohibit or impose strict conditions on the
maintenance of correspondent accounts or payable-through accounts in
the United States; or
(ii) block 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
such foreign financial institution, and provide that such property and
interests in property may not be transferred, paid, exported, withdrawn,
or otherwise dealt in.
(c) The prohibitions in subsection (b) 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 effective
date of this order.
(d) 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 subsection (b)(ii) of this section would seriously
impair my ability to deal with the national emergency declared in Executive
Order 13466, and I hereby prohibit such donations as provided by subsection
(b)(ii) of this section.
(e) The prohibitions in subsection (b)(ii) of this section include:
(i) 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 subsection (b)(ii) of this section;
and
(ii) the receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 5. The unrestricted immigrant and nonimmigrant entry into the United
States of aliens 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 therefore hereby suspended. Such persons shall be treated
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. 6. (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. 7. 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, programmes, funds, and related organiza-
tions) by employees, grantees, or contractors thereof.
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Sec. 8. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) 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;
(d) the term ‘‘North Korean person’’ means any North Korean citizen,
North Korean permanent resident alien, or entity organized under the laws
of North Korea or any jurisdiction within North Korea (including foreign
branches). For the purposes of section 1 of this order, the term ‘‘North
Korean person’’ shall not include any United States citizen, any permanent
resident alien of the United States, any alien lawfully admitted to the United
States, or any alien holding a valid United States visa;
(e) the term ‘‘foreign financial institution’’ means any foreign entity that
is engaged in the business of accepting deposits, making, granting, transfer-
ring, holding, or brokering loans or credits, or purchasing or selling foreign
exchange, securities, commodity futures or options, or procuring purchasers
and sellers thereof, as principal or agent. The term includes, among other
entities, depository institutions; banks; savings banks; money service busi-
nesses; trust companies; securities brokers and dealers; commodity futures
and options brokers and dealers; forward contract and foreign exchange
merchants; securities and commodities exchanges; clearing corporations; in-
vestment companies; employee benefit plans; dealers in precious metals,
stones, or jewels; and holding companies, affiliates, or subsidiaries of any
of the foregoing. The term does not include the international financial institu-
tions identified in 22 U.S.C. 262r(c)(2), the International Fund for Agricultural
Development, the North American Development Bank, or any other inter-
national financial institution so notified by the Secretary of the Treasury;
and
(f) the term ‘‘knowingly,’’ with respect to conduct, a circumstance, or
a result, means that a person has actual knowledge, or should have known,
of the conduct, the circumstance, or the result.
Sec. 9. 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 13466, there need be
no prior notice of a listing or determination made pursuant to this order.
Sec. 10. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including adopting rules
and regulations, and to employ all powers granted to me by IEEPA and
UNPA as may be necessary to implement this order. The Secretary of the
Treasury may, consistent with applicable law, redelegate any of these func-
tions to other officers and agencies of the United States. All agencies shall
take all appropriate measures within their authority to implement this order.
Sec. 11. This order is effective at 12:01 a.m., Eastern Daylight Time, Sep-
tember 21, 2017.
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Sec. 12. 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 20, 2017.
[FR Doc. 2017–20647
Filed 9–22–17; 11:15 am]
Billing code 3295–F7–P
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| Imposing Additional Sanctions With Respect to North Korea | 2017-09-20T00:00:00 | 06a51b368f42e0a9b309844047062cff9b6704fc06b90423c6088ef2422d722a |
Presidential Executive Order | 2017-14992 (13804) | Presidential Documents
32611
Federal Register
Vol. 82, No. 134
Friday, July 14, 2017
Title 3—
The President
Executive Order 13804 of July 11, 2017
Allowing Additional Time for Recognizing Positive Actions
by the Government of Sudan and Amending Executive Order
13761
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.), the Trade Sanctions Reform and Export Enhance-
ment Act of 2000 (22 U.S.C. 7201–7211), the Comprehensive Peace in Sudan
Act of 2004, as amended (Public Law 108–497), the Darfur Peace and Ac-
countability Act of 2006 (Public Law 109–344), 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 to address the emergency described in Executive
Order 13067 of November 3, 1997, Executive Order 13412 of October 13,
2006, and Executive Order 13761 of January 13, 2017, with respect to the
policies and actions of the Government of Sudan, including additional fact-
finding and a more comprehensive analysis of the Government of Sudan’s
actions, hereby order as follows:
Section 1. Amendments to Executive Order 13761. (a) Section 1 of Executive
Order 13761 is hereby amended by striking ‘‘July 12, 2017’’ and inserting
in lieu thereof ‘‘October 12, 2017’’.
(b) Section 10 of Executive Order 13761 is hereby amended by striking
‘‘July 12, 2017’’ and inserting in lieu thereof ‘‘October 12, 2017’’.
(c) Subsection (b) of section 12 of Executive Order 13761 is hereby amended
by striking ‘‘July 12, 2017’’ and inserting in lieu thereof ‘‘October 12, 2017’’.
(d) Section 11 of Executive Order 13761 is hereby revoked.
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Sec. 2. 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,
July 11, 2017.
[FR Doc. 2017–14992
Filed 7–13–17; 11:15 am]
Billing code 3295–F7–P
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| Allowing Additional Time for Recognizing Positive Actions by the Government of Sudan and Amending Executive Order 13761 | 2017-07-11T00:00:00 | 39fe794f0b201f07d3ce0c856a49793abb27325756b1937d991f614c968a2bf4 |
Presidential Executive Order | 2017-13458 (13802) | Presidential Documents
28747
Federal Register
Vol. 82, No. 121
Monday, June 26, 2017
Title 3—
The President
Executive Order 13802 of June 21, 2017
Amending Executive Order 13597
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to support the essential functions
of the Department of State’s Bureau of Consular Affairs, it is hereby ordered
as follows:
Section 1. Amendment to Executive Order 13597. Executive Order 13597
of January 19, 2012 (Establishing Visa and Foreign Visitor Processing Goals
and the Task Force on Travel and Competitiveness), is amended by deleting
subsection (b)(ii) of section 2 of that order.
Sec. 2. Updated Implementation Plan. The Secretaries of State and Homeland
Security, in consultation with the heads of such executive departments
and agencies as appropriate, shall revise the implementation plan described
in section 2(b) of Executive Order 13597, as necessary and appropriate,
consistent with the amendment described 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.
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(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 21, 2017.
[FR Doc. 2017–13458
Filed 6–23–17; 8:45 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-14378 (13803) | Presidential Documents
31429
Federal Register
Vol. 82, No. 129
Friday, July 7, 2017
Title 3—
The President
Executive Order 13803 of June 30, 2017
Reviving the National Space Council
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to provide a coordinated
process for developing and monitoring the implementation of national space
policy and strategy, it is hereby ordered as follows:
Section 1. Purpose. The National Space Council (Council) was established
by Title V of Public Law 100–685 and Executive Order 12675 of April
20, 1989 (Establishing the National Space Council). The Council was tasked
with advising and assisting the President regarding national space policy
and strategy. The Council was never formally disestablished, but it effectively
ceased operation in 1993. This order revives the Council and provides
additional details regarding its duties and responsibilities.
Sec. 2. Revival and Composition of the National Space Council. (a) The
Council is hereby revived and shall resume operations.
(b) The Council shall be composed of the following members:
(i) The Vice President, who shall be Chair of the Council;
(ii) The Secretary of State;
(iii) The Secretary of Defense;
(iv) The Secretary of Commerce;
(v) The Secretary of Transportation;
(vi) The Secretary of Homeland Security;
(vii) The Director of National Intelligence;
(viii) The Director of the Office of Management and Budget;
(ix) The Assistant to the President for National Security Affairs;
(x) The Administrator of the National Aeronautics and Space Administra-
tion;
(xi) The Director of the Office of Science and Technology Policy;
(xii) The Assistant to the President for Homeland Security and Counterter-
rorism;
(xiii) The Chairman of the Joint Chiefs of Staff; and
(xiv) The heads of other executive departments and agencies (agencies)
and other senior officials within the Executive Office of the President,
as determined by the Chair.
Sec. 3. Functions of the Council. (a) The Council shall advise and assist
the President regarding national space policy and strategy, and perform
such other duties as the President may, from time to time, prescribe.
(b) In particular, the Council is directed to:
(i) review United States Government space policy, including long-range
goals, and develop a strategy for national space activities;
(ii) develop recommendations for the President on space policy and space-
related issues;
(iii) monitor and coordinate implementation of the objectives of the Presi-
dent’s national space policy and strategy;
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(iv) foster close coordination, cooperation, and technology and information
exchange among the civil, national security, and commercial space sectors;
(v) advise on participation in international space activities conducted by
the United States Government; and
(vi) facilitate the resolution of differences concerning major space and
space-related policy matters.
(c) The Council shall meet at least annually.
(d) The revival and operation of the Council shall not interfere with
the existing lines of authority in or responsibilities of any agencies.
(e) The Council shall have a staff, headed by a civilian Executive Secretary
appointed by the President.
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, in consultation with the members of the Council,
establish procedures for the Council and establish the agenda for Council
activities.
(c) The Chair shall report to the President quarterly on the Council’s
activities and recommendations. The Chair shall advise the Council, as
appropriate, regarding the President’s directions with respect to the Council’s
activities and national space policy and strategy.
(d) The Chair may recommend to the President candidates for the position
of Executive Secretary.
(e) The Chair, or upon the Chair’s direction, the Executive Secretary,
may invite the heads of other agencies, other senior officials in the Executive
Office of the President, or other Federal employees to participate in Council
meetings.
(f) The Chair shall authorize the establishment of committees of the Coun-
cil, including an executive committee, and of working groups, composed
of senior designees of the Council members and of other Federal officials
invited to participate in Council meetings, as he deems necessary or appro-
priate for the efficient conduct of Council functions.
Sec. 5. National Space Policy and Strategy Planning Process. (a) Each agency
represented on the Council shall provide such information to the Chair
regarding its current and planned space activities as the Chair shall request.
(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 policy and strategy matters relating primarily to national
security, the Council shall coordinate with the National Security Council
(NSC) to create policies and procedures for the Council that respect the
responsibilities and authorities of the NSC under existing law.
Sec. 6. Users’ Advisory Group. (a) The Council shall convene a Users’
Advisory Group (Group) pursuant to Public Law 101–611, section 121, com-
posed of non-Federal representatives of industries and other persons involved
in aeronautical and space activities.
(b) Members of the Group shall serve without any 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.
Sec. 7. Administrative Provisions. (a) To aid in the performance of the
functions of the Council:
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(i) The Office of Administration in the Executive Office of the President
shall provide the Council with administrative support on a reimbursable
basis; and
(ii) Legal advice to the Council itself with respect to its work and functions
shall be provided exclusively by the Office of the Counsel to the President.
(b) To the extent practicable and permitted by law, including the Economy
Act, and within existing appropriations, agencies serving on the Council
and interagency councils and committees that affect space policy or strategy
shall make resources, including, but not limited to, personnel, office support,
and printing, available 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 and provide such information
and advice to the Council as it may reasonably request, to the extent permitted
by law.
Sec. 8. Report. Within 1 year of the date of this order, and annually thereafter,
the Council shall submit a report to the President setting forth its assessment
of, and recommendations for, the space policy and strategy of the United
States Government.
Sec. 9. General Provisions. (a) This order supersedes Executive Order 12675
of April 20, 1989 (Establishing the National Space Council). To the extent
this order is inconsistent with any provision of any earlier Executive Order
or Presidential Memorandum, this order shall control.
(b) 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.
(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) 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.
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(e) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
THE WHITE HOUSE,
June 30, 2017.
[FR Doc. 2017–14378
Filed 7–6–17; 8:45 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-13012 (13801) | Presidential Documents
28229
Federal Register
Vol. 82, No. 117
Tuesday, June 20, 2017
Title 3—
The President
Executive Order 13801 of June 15, 2017
Expanding Apprenticeships in America
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to promote affordable education
and rewarding jobs for American workers, it is hereby ordered as follows:
Section 1. Purpose. America’s education systems and workforce development
programs are in need of reform. In today’s rapidly changing economy, it
is more important than ever to prepare workers to fill both existing and
newly created jobs and to prepare workers for the jobs of the future. Higher
education, however, is becoming increasingly unaffordable. Furthermore,
many colleges and universities fail to help students graduate with the skills
necessary to secure high-paying jobs in today’s workforce. Far too many
individuals today find themselves with crushing student debt and no direct
connection to jobs.
Against this background, federally funded education and workforce develop-
ment programs are not effectively serving American workers. Despite the
billions of taxpayer dollars invested in these programs each year, many
Americans are struggling to find full-time work. These Federal programs
must do a better job matching unemployed American workers with open
jobs, including the 350,000 manufacturing jobs currently available.
Expanding apprenticeships and reforming ineffective education and work-
force development programs will help address these issues, enabling more
Americans to obtain relevant skills and high-paying jobs. Apprenticeships
provide paid, relevant workplace experiences and opportunities to develop
skills that employers value. Additionally, they provide affordable paths to
good jobs and, ultimately, careers.
Finally, federally funded education and workforce development programs
that do not work must be improved or eliminated so that taxpayer dollars
can be channeled to more effective uses.
Sec. 2. Policy. It shall be the policy of the Federal Government to provide
more affordable pathways to secure, high-paying jobs by promoting appren-
ticeships and effective workforce development programs, while easing the
regulatory burden on such programs and reducing or eliminating taxpayer
support for ineffective workforce development programs.
Sec. 3. Definitions. For purposes of this order:
(a) the term ‘‘apprenticeship’’ means an arrangement that includes a paid-
work component and an educational or instructional component, wherein
an individual obtains workplace-relevant knowledge and skills; and
(b) the term ‘‘job training programs’’ means Federal programs designed
to promote skills development or workplace readiness and increase the
earnings or employability of workers, but does not include Federal student
aid or student loan programs.
Sec. 4. Establishing Industry-Recognized Apprenticeships. (a) The Secretary
of Labor (Secretary), in consultation with the Secretaries of Education and
Commerce, shall consider proposing regulations, consistent with applicable
law, including 29 U.S.C. 50, that promote the development of apprenticeship
programs by third parties. These third parties may include trade and industry
groups, companies, non-profit organizations, unions, and joint labor-manage-
ment organizations. To the extent permitted by law and supported by sound
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policy, any such proposed regulations shall reflect an assessment of whether
to:
(i) determine how qualified third parties may provide recognition to high-
quality apprenticeship programs (industry-recognized apprenticeship pro-
grams);
(ii) establish guidelines or requirements that qualified third parties should
or must follow to ensure that apprenticeship programs they recognize
meet quality standards;
(iii) provide that any industry-recognized apprenticeship program may
be considered for expedited and streamlined registration under the reg-
istered apprenticeship program the Department of Labor administers;
(iv) retain the existing processes for registering apprenticeship programs
for employers who continue using this system; and
(v) establish review processes, consistent with applicable law, for consid-
ering whether to:
(A) deny the expedited and streamlined registration under the Depart-
ment of Labor’s registered apprenticeship program, referred to in subsection
(a)(iii) of this section, in any sector in which Department of Labor registered
apprenticeship programs are already effective and substantially widespread;
and
(B) terminate the registration of an industry-recognized apprenticeship
program recognized by a qualified third party, as appropriate.
(b) The Secretary shall consider and evaluate public comments on any
regulations proposed under subsection (a) of this section before issuing
any final regulations.
Sec. 5. Funding to Promote Apprenticeships. Subject to available appropria-
tions and consistent with applicable law, including 29 U.S.C. 3224a, the
Secretary shall use available funding to promote apprenticeships, focusing
in particular on expanding access to and participation in apprenticeships
among students at accredited secondary and post-secondary educational insti-
tutions, including community colleges; expanding the number of apprentice-
ships in sectors that do not currently have sufficient apprenticeship opportu-
nities; and expanding youth participation in apprenticeships.
Sec. 6. Expanding Access to Apprenticeships. The Secretaries of Defense,
Labor, and Education, and the Attorney General, shall, in consultation with
each other and consistent with applicable law, promote apprenticeships
and pre-apprenticeships for America’s high school students and Job Corps
participants, for persons currently or formerly incarcerated, for persons not
currently attending high school or an accredited post-secondary educational
institution, and for members of America’s armed services and veterans.
The Secretaries of Commerce and Labor shall promote apprenticeships to
business leaders across critical industry sectors, including manufacturing,
infrastructure, cybersecurity, and health care.
Sec. 7. Promoting Apprenticeship Programs at Colleges and Universities.
The Secretary of Education shall, consistent with applicable law, support
the efforts of community colleges and 2-year and 4-year institutions of
higher education to incorporate apprenticeship programs into their courses
of study.
Sec. 8. Establishment of the Task Force on Apprenticeship Expansion. (a)
The Secretary shall establish in the Department of Labor a Task Force
on Apprenticeship Expansion.
(b) The mission of the Task Force shall be to identify strategies and
proposals to promote apprenticeships, especially in sectors where apprentice-
ship programs are insufficient. The Task Force shall submit to the President
a report on these strategies and proposals, including:
(i) Federal initiatives to promote apprenticeships;
(ii) administrative and legislative reforms that would facilitate the forma-
tion and success of apprenticeship programs;
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(iii) the most effective strategies for creating industry-recognized appren-
ticeships; and
(iv) the most effective strategies for amplifying and encouraging private-
sector initiatives to promote apprenticeships.
(c) The Department of Labor shall provide administrative support and
funding for the Task Force, to the extent permitted by law and subject
to availability of appropriations.
(d) The Secretary shall serve as Chair of the Task Force. The Secretaries
of Education and Commerce shall serve as Vice-Chairs of the Task Force.
The Secretary shall appoint the other members of the Task Force, which
shall consist of no more than twenty individuals who work for or represent
the perspectives of American companies, trade or industry groups, edu-
cational institutions, and labor unions, and such other persons as the Sec-
retary may from time to time designate.
(e) 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
that Act, except for those of reporting to the Congress, shall be performed
by the Chair, in accordance with guidelines issued by the Administrator
of General Services.
(f) Members of the Task Force shall serve without additional compensation
for their work on the Task Force, but shall be allowed travel expenses,
including 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), consistent with the availability of funds.
(g) A member of the Task Force may designate a senior member of his
or her organization to attend any Task Force meeting.
(h) The Task Force shall terminate 30 days after it submits its report
to the President.
Sec. 9. Excellence in Apprenticeships. Not later than 2 years after the date
of this order, the Secretary shall, consistent with applicable law, and in
consultation with the Secretaries of Education and Commerce, establish
an Excellence in Apprenticeship Program to solicit voluntary information
for purposes of recognizing, by means of a commendation, efforts by employ-
ers, trade or industry associations, unions, or joint labor-management organi-
zations to implement apprenticeship programs.
Sec. 10. Improving the Effectiveness of Workforce Development Programs.
(a) Concurrent with its budget submission to the Director of the Office
of Management and Budget (OMB), the head of each agency shall submit
a list of programs, if any, administered by their agency that are designed
to promote skills development and workplace readiness. For such programs,
agencies shall provide information on:
(i) evaluations of any relevant data pertaining to their effectiveness (includ-
ing their employment outcomes);
(ii) recommendations for administrative and legislative reforms that would
improve their outcomes and effectiveness for American workers and em-
ployers; and
(iii) recommendations to eliminate those programs that are ineffective,
redundant, or unnecessary.
(b) The Director of OMB shall consider the information provided by agen-
cies in subsection (a) of this section in developing the President’s Fiscal
Year 2019 Budget.
(c) The head of each agency administering one or more job training pro-
grams shall order, subject to available appropriations and consistent with
applicable law, an empirically rigorous evaluation of the effectiveness of
such programs, unless such an analysis has been recently conducted. When
feasible, these evaluations shall be conducted by third-party evaluators using
the most rigorous methods appropriate and feasible for the program, with
preference given to multi-site randomized controlled trials.
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(d) The Director of OMB shall provide guidance to agencies on how
to fulfill their obligations under this section.
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 OMB relating to budgetary, administra-
tive, 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 15, 2017.
[FR Doc. 2017–13012
Filed 6–19–17; 11:15 am]
Billing code 3295–F7–P
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| Expanding Apprenticeships in America | 2017-06-15T00:00:00 | 6bc071e02f7fa26237b158b230ee591a1b59b9bcf639c7d20489dbe75c1d533c |
Presidential Executive Order | 2017-10004 (13800) | Presidential Documents
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Executive Order 13800 of May 11, 2017
Strengthening the Cybersecurity of Federal Networks and
Critical Infrastructure
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to protect American innovation
and values, it is hereby ordered as follows:
Section 1. Cybersecurity of Federal Networks.
(a) Policy. The executive branch operates its information technology (IT)
on behalf of the American people. Its IT and data should be secured respon-
sibly using all United States Government capabilities. The President will
hold heads of executive departments and agencies (agency heads) accountable
for managing cybersecurity risk to their enterprises. In addition, because
risk management decisions made by agency heads can affect the risk to
the executive branch as a whole, and to national security, it is also the
policy of the United States to manage cybersecurity risk as an executive
branch enterprise.
(b) Findings.
(i) Cybersecurity risk management comprises the full range of activities
undertaken to protect IT and data from unauthorized access and other
cyber threats, to maintain awareness of cyber threats, to detect anomalies
and incidents adversely affecting IT and data, and to mitigate the impact
of, respond to, and recover from incidents. Information sharing facilitates
and supports all of these activities.
(ii) The executive branch has for too long accepted antiquated and difficult-
to-defend IT.
(iii) Effective risk management involves more than just protecting IT and
data currently in place. It also requires planning so that maintenance,
improvements, and modernization occur in a coordinated way and with
appropriate regularity.
(iv) Known but unmitigated vulnerabilities are among the highest cyberse-
curity risks faced by executive departments and agencies (agencies). Known
vulnerabilities include using operating systems or hardware beyond the
vendor’s support lifecycle, declining to implement a vendor’s security
patch, or failing to execute security-specific configuration guidance.
(v) Effective risk management requires agency heads to lead integrated
teams of senior executives with expertise in IT, security, budgeting, acquisi-
tion, law, privacy, and human resources.
(c) Risk Management.
(i) Agency heads will be held accountable by the President for imple-
menting risk management measures commensurate with the risk and mag-
nitude of the harm that would result from unauthorized access, use, disclo-
sure, disruption, modification, or destruction of IT and data. They will
also be held accountable by the President for ensuring that cybersecurity
risk management processes are aligned with strategic, operational, and
budgetary planning processes, in accordance with chapter 35, subchapter
II of title 44, United States Code.
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(ii) Effective immediately, each agency head shall use The Framework
for Improving Critical Infrastructure Cybersecurity (the Framework) devel-
oped by the National Institute of Standards and Technology, or any suc-
cessor document, to manage the agency’s cybersecurity risk. Each agency
head shall provide a risk management report to the Secretary of Homeland
Security and the Director of the Office of Management and Budget (OMB)
within 90 days of the date of this order. The risk management report
shall:
(A) document the risk mitigation and acceptance choices made by each
agency head as of the date of this order, including:
(1) the strategic, operational, and budgetary considerations that in-
formed those choices; and
(2) any accepted risk, including from unmitigated vulnerabilities; and
(B) describe the agency’s action plan to implement the Framework.
(iii) The Secretary of Homeland Security and the Director of OMB, con-
sistent with chapter 35, subchapter II of title 44, United States Code,
shall jointly assess each agency’s risk management report to determine
whether the risk mitigation and acceptance choices set forth in the reports
are appropriate and sufficient to manage the cybersecurity risk to the
executive branch enterprise in the aggregate (the determination).
(iv) The Director of OMB, in coordination with the Secretary of Homeland
Security, with appropriate support from the Secretary of Commerce and
the Administrator of General Services, and within 60 days of receipt
of the agency risk management reports outlined in subsection (c)(ii) of
this section, shall submit to the President, through the Assistant to the
President for Homeland Security and Counterterrorism, the following:
(A) the determination; and
(B) a plan to:
(1) adequately protect the executive branch enterprise, should the de-
termination identify insufficiencies;
(2) address immediate unmet budgetary needs necessary to manage
risk to the executive branch enterprise;
(3) establish a regular process for reassessing and, if appropriate, re-
issuing the determination, and addressing future, recurring unmet
budgetary needs necessary to manage risk to the executive branch en-
terprise;
(4) clarify, reconcile, and reissue, as necessary and to the extent per-
mitted by law, all policies, standards, and guidelines issued by any
agency in furtherance of chapter 35, subchapter II of title 44, United
States Code, and, as necessary and to the extent permitted by law,
issue policies, standards, and guidelines in furtherance of this order;
and
(5) align these policies, standards, and guidelines with the Frame-
work.
(v) The agency risk management reports described in subsection (c)(ii)
of this section and the determination and plan described in subsections
(c)(iii) and (iv) of this section may be classified in full or in part, as
appropriate.
(vi) Effective immediately, it is the policy of the executive branch to
build and maintain a modern, secure, and more resilient executive branch
IT architecture.
(A) Agency heads shall show preference in their procurement for shared
IT services, to the extent permitted by law, including email, cloud, and
cybersecurity services.
(B) The Director of the American Technology Council shall coordinate
a report to the President from the Secretary of Homeland Security, the
Director of OMB, and the Administrator of General Services, in consultation
with the Secretary of Commerce, as appropriate, regarding modernization
of Federal IT. The report shall:
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(1) be completed within 90 days of the date of this order; and
(2) describe the legal, policy, and budgetary considerations relevant
to—as well as the technical feasibility and cost effectiveness, includ-
ing timelines and milestones, of—transitioning all agencies, or a sub-
set of agencies, to:
(aa) one or more consolidated network architectures; and
(bb) shared IT services, including email, cloud, and cybersecurity
services.
(C) The report described in subsection (c)(vi)(B) of this section shall
assess the effects of transitioning all agencies, or a subset of agencies,
to shared IT services with respect to cybersecurity, including by making
recommendations to ensure consistency with section 227 of the Homeland
Security Act (6 U.S.C. 148) and compliance with policies and practices
issued in accordance with section 3553 of title 44, United States Code.
All agency heads shall supply such information concerning their current
IT architectures and plans as is necessary to complete this report on
time.
(vii) For any National Security System, as defined in section 3552(b)(6)
of title 44, United States Code, the Secretary of Defense and the Director
of National Intelligence, rather than the Secretary of Homeland Security
and the Director of OMB, shall implement this order to the maximum
extent feasible and appropriate. The Secretary of Defense and the Director
of National Intelligence shall provide a report to the Assistant to the
President for National Security Affairs and the Assistant to the President
for Homeland Security and Counterterrorism describing their implementa-
tion of subsection (c) of this section within 150 days of the date of
this order. The report described in this subsection shall include a justifica-
tion for any deviation from the requirements of subsection (c), and may
be classified in full or in part, as appropriate.
Sec. 2. Cybersecurity of Critical Infrastructure.
(a) Policy. It is the policy of the executive branch to use its authorities
and capabilities to support the cybersecurity risk management efforts of
the owners and operators of the Nation’s critical infrastructure (as defined
in section 5195c(e) of title 42, United States Code) (critical infrastructure
entities), as appropriate.
(b) Support to Critical Infrastructure at Greatest Risk. The Secretary of
Homeland Security, in coordination with the Secretary of Defense, the Attor-
ney General, the Director of National Intelligence, the Director of the Federal
Bureau of Investigation, the heads of appropriate sector-specific agencies,
as defined in Presidential Policy Directive 21 of February 12, 2013 (Critical
Infrastructure Security and Resilience) (sector-specific agencies), and all other
appropriate agency heads, as identified by the Secretary of Homeland Secu-
rity, shall:
(i) identify authorities and capabilities that agencies could employ to
support the cybersecurity efforts of critical infrastructure entities identified
pursuant to section 9 of Executive Order 13636 of February 12, 2013
(Improving Critical Infrastructure Cybersecurity), to be at greatest risk of
attacks that could reasonably result in catastrophic regional or national
effects on public health or safety, economic security, or national security
(section 9 entities);
(ii) engage section 9 entities and solicit input as appropriate to evaluate
whether and how the authorities and capabilities identified pursuant to
subsection (b)(i) of this section might be employed to support cybersecurity
risk management efforts and any obstacles to doing so;
(iii) provide a report to the President, which may be classified in full
or in part, as appropriate, through the Assistant to the President for
Homeland Security and Counterterrorism, within 180 days of the date
of this order, that includes the following:
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(A) the authorities and capabilities identified pursuant to subsection
(b)(i) of this section;
(B) the results of the engagement and determination required pursuant
to subsection (b)(ii) of this section; and
(C) findings and recommendations for better supporting the cybersecurity
risk management efforts of section 9 entities; and
(iv) provide an updated report to the President on an annual basis there-
after.
(c) Supporting Transparency in the Marketplace. The Secretary of Home-
land Security, in coordination with the Secretary of Commerce, shall provide
a report to the President, through the Assistant to the President for Homeland
Security and Counterterrorism, that examines the sufficiency of existing
Federal policies and practices to promote appropriate market transparency
of cybersecurity risk management practices by critical infrastructure entities,
with a focus on publicly traded critical infrastructure entities, within 90
days of the date of this order.
(d) Resilience Against Botnets and Other Automated, Distributed Threats.
The Secretary of Commerce and the Secretary of Homeland Security shall
jointly lead an open and transparent process to identify and promote action
by appropriate stakeholders to improve the resilience of the internet and
communications ecosystem and to encourage collaboration with the goal
of dramatically reducing threats perpetrated by automated and distributed
attacks (e.g., botnets). The Secretary of Commerce and the Secretary of
Homeland Security shall consult with the Secretary of Defense, the Attorney
General, the Director of the Federal Bureau of Investigation, the heads of
sector-specific agencies, the Chairs of the Federal Communications Commis-
sion and Federal Trade Commission, other interested agency heads, and
appropriate stakeholders in carrying out this subsection. Within 240 days
of the date of this order, the Secretary of Commerce and the Secretary
of Homeland Security shall make publicly available a preliminary report
on this effort. Within 1 year of the date of this order, the Secretaries shall
submit a final version of this report to the President.
(e) Assessment of Electricity Disruption Incident Response Capabilities.
The Secretary of Energy and the Secretary of Homeland Security, in consulta-
tion with the Director of National Intelligence, with State, local, tribal,
and territorial governments, and with others as appropriate, shall jointly
assess:
(i) the potential scope and duration of a prolonged power outage associated
with a significant cyber incident, as defined in Presidential Policy Directive
41 of July 26, 2016 (United States Cyber Incident Coordination), against
the United States electric subsector;
(ii) the readiness of the United States to manage the consequences of
such an incident; and
(iii) any gaps or shortcomings in assets or capabilities required to mitigate
the consequences of such an incident.
The assessment shall be provided to the President, through the Assistant
to the President for Homeland Security and Counterterrorism, within 90
days of the date of this order, and may be classified in full or in part,
as appropriate.
(f) Department of Defense Warfighting Capabilities and Industrial Base.
Within 90 days of the date of this order, the Secretary of Defense, the
Secretary of Homeland Security, and the Director of the Federal Bureau
of Investigation, in coordination with the Director of National Intelligence,
shall provide a report to the President, through the Assistant to the President
for National Security Affairs and the Assistant to the President for Homeland
Security and Counterterrorism, on cybersecurity risks facing the defense
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industrial base, including its supply chain, and United States military plat-
forms, systems, networks, and capabilities, and recommendations for miti-
gating these risks. The report may be classified in full or in part, as appro-
priate.
Sec. 3. Cybersecurity for the Nation.
(a) Policy. To ensure that the internet remains valuable for future genera-
tions, it is the policy of the executive branch to promote an open, interoper-
able, reliable, and secure internet that fosters efficiency, innovation, commu-
nication, and economic prosperity, while respecting privacy and guarding
against disruption, fraud, and theft. Further, the United States seeks to
support the growth and sustainment of a workforce that is skilled in cyberse-
curity and related fields as the foundation for achieving our objectives
in cyberspace.
(b) Deterrence and Protection. Within 90 days of the date of this order,
the Secretary of State, the Secretary of the Treasury, the Secretary of Defense,
the Attorney General, the Secretary of Commerce, the Secretary of Homeland
Security, and the United States Trade Representative, in coordination with
the Director of National Intelligence, shall jointly submit a report to the
President, through the Assistant to the President for National Security Affairs
and the Assistant to the President for Homeland Security and Counterter-
rorism, on the Nation’s strategic options for deterring adversaries and better
protecting the American people from cyber threats.
(c) International Cooperation. As a highly connected nation, the United
States is especially dependent on a globally secure and resilient internet
and must work with allies and other partners toward maintaining the policy
set forth in this section. Within 45 days of the date of this order, the
Secretary of State, the Secretary of the Treasury, the Secretary of Defense,
the Secretary of Commerce, and the Secretary of Homeland Security, in
coordination with the Attorney General and the Director of the Federal
Bureau of Investigation, shall submit reports to the President on their inter-
national cybersecurity priorities, including those concerning investigation,
attribution, cyber threat information sharing, response, capacity building,
and cooperation. Within 90 days of the submission of the reports, and
in coordination with the agency heads listed in this subsection, and any
other agency heads as appropriate, the Secretary of State shall provide
a report to the President, through the Assistant to the President for Homeland
Security and Counterterrorism, documenting an engagement strategy for inter-
national cooperation in cybersecurity.
(d) Workforce Development. In order to ensure that the United States
maintains a long-term cybersecurity advantage:
(i) The Secretary of Commerce and the Secretary of Homeland Security,
in consultation with the Secretary of Defense, the Secretary of Labor,
the Secretary of Education, the Director of the Office of Personnel Manage-
ment, and other agencies identified jointly by the Secretary of Commerce
and the Secretary of Homeland Security, shall:
(A) jointly assess the scope and sufficiency of efforts to educate and
train the American cybersecurity workforce of the future, including cyberse-
curity-related education curricula, training, and apprenticeship programs,
from primary through higher education; and
(B) within 120 days of the date of this order, provide a report to
the President, through the Assistant to the President for Homeland Security
and Counterterrorism, with findings and recommendations regarding how
to support the growth and sustainment of the Nation’s cybersecurity work-
force in both the public and private sectors.
(ii) The Director of National Intelligence, in consultation with the heads
of other agencies identified by the Director of National Intelligence, shall:
(A) review the workforce development efforts of potential foreign cyber
peers in order to help identify foreign workforce development practices
likely to affect long-term United States cybersecurity competitiveness; and
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(B) within 60 days of the date of this order, provide a report to the
President through the Assistant to the President for Homeland Security
and Counterterrorism on the findings of the review carried out pursuant
to subsection (d)(ii)(A) of this section.
(iii) The Secretary of Defense, in coordination with the Secretary of Com-
merce, the Secretary of Homeland Security, and the Director of National
Intelligence, shall:
(A) assess the scope and sufficiency of United States efforts to ensure
that the United States maintains or increases its advantage in national-
security-related cyber capabilities; and
(B) within 150 days of the date of this order, provide a report to
the President, through the Assistant to the President for Homeland Security
and Counterterrorism, with findings and recommendations on the assess-
ment carried out pursuant to subsection (d)(iii)(A) of this section.
(iv) The reports described in this subsection may be classified in full
or in part, as appropriate.
Sec. 4. Definitions. For the purposes of this order:
(a) The term ‘‘appropriate stakeholders’’ means any non-executive-branch
person or entity that elects to participate in an open and transparent process
established by the Secretary of Commerce and the Secretary of Homeland
Security under section 2(d) of this order.
(b) The term ‘‘information technology’’ (IT) has the meaning given to
that term in section 11101(6) of title 40, United States Code, and further
includes hardware and software systems of agencies that monitor and control
physical equipment and processes.
(c) The term ‘‘IT architecture’’ refers to the integration and implementation
of IT within an agency.
(d) The term ‘‘network architecture’’ refers to the elements of IT architecture
that enable or facilitate communications between two or more IT assets.
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 OMB relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) All actions taken pursuant to this order shall be consistent with require-
ments and authorities to protect intelligence and law enforcement sources
and methods. Nothing in this order shall be construed to supersede measures
established under authority of law to protect the security and integrity
of specific activities and associations that are in direct support of intelligence
or law enforcement operations.
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(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,
May 11, 2017.
[FR Doc. 2017–10004
Filed 5–15–17; 8:45 am]
Billing code 3295–F7–P
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| Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure | 2017-05-11T00:00:00 | a6128d46cd32db1b46705f67ab56bbe619955c49b80ef347527557c8d4fc9878 |
Presidential Executive Order | 2017-10003 (13799) | Presidential Documents
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Federal Register
Vol. 82, No. 93
Tuesday, May 16, 2017
Title 3—
The President
Executive Order 13799 of May 11, 2017
Establishment of Presidential Advisory Commission on Elec-
tion Integrity
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 fair and
honest Federal elections, it is hereby ordered as follows:
Section 1. Establishment. The Presidential Advisory Commission on Election
Integrity (Commission) is hereby established.
Sec. 2. Membership. The Vice President shall chair the Commission, which
shall be composed of not more than 15 additional members. The President
shall appoint the additional members, who shall include individuals with
knowledge and experience in elections, election management, election fraud
detection, and voter integrity efforts, and any other individuals with knowl-
edge or experience that the President determines to be of value to the
Commission. The Vice President may select a Vice Chair of the Commission
from among the members appointed by the President.
Sec. 3. Mission. The Commission shall, consistent with applicable law,
study the registration and voting processes used in Federal elections. The
Commission shall be solely advisory and shall submit a report to the Presi-
dent that identifies the following:
(a) those laws, rules, policies, activities, strategies, and practices that en-
hance the American people’s confidence in the integrity of the voting proc-
esses used in Federal elections;
(b) those laws, rules, policies, activities, strategies, and practices that
undermine the American people’s confidence in the integrity of the voting
processes used in Federal elections; and
(c) those vulnerabilities in voting systems and practices used for Federal
elections that could lead to improper voter registrations and improper voting,
including fraudulent voter registrations and fraudulent voting.
Sec. 4. Definitions. For purposes of this order:
(a) The term ‘‘improper voter registration’’ means any situation where
an individual who does not possess the legal right to vote in a jurisdiction
is included as an eligible voter on that jurisdiction’s voter list, regardless
of the state of mind or intent of such individual.
(b) The term ‘‘improper voting’’ means the act of an individual casting
a non-provisional ballot in a jurisdiction in which that individual is ineligible
to vote, or the act of an individual casting a ballot in multiple jurisdictions,
regardless of the state of mind or intent of that individual.
(c) The term ‘‘fraudulent voter registration’’ means any situation where
an individual knowingly and intentionally takes steps to add ineligible
individuals to voter lists.
(d) The term ‘‘fraudulent voting’’ means the act of casting a non-provisional
ballot or multiple ballots with knowledge that casting the ballot or ballots
is illegal.
Sec. 5. Administration. The Commission shall hold public meetings and
engage with Federal, State, and local officials, and election law experts,
as necessary, to carry out its mission. The Commission shall be informed
by, and shall strive to avoid duplicating, the efforts of existing government
entities. The Commission shall have staff to provide support for its functions.
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Sec. 6. Termination. The Commission shall terminate 30 days after it submits
its report to the President.
Sec. 7. General Provisions. (a) To the extent permitted by law, and subject
to the availability of appropriations, the General Services Administration
shall provide the Commission with such administrative services, funds, facili-
ties, staff, equipment, and other support services as may be necessary to
carry out its mission on a reimbursable basis.
(b) Relevant executive departments and agencies shall endeavor to cooper-
ate with the Commission.
(c) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C.
App.) (the ‘‘Act’’), may apply to the Commission, any functions of the
President under that Act, except for those in section 6 of the Act, shall
be performed by the Administrator of General Services.
(d) Members of the Commission shall serve without any additional com-
pensation for their work on the Commission, but shall be allowed travel
expenses, including 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).
(e) 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.
(f) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(g) 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 11, 2017.
[FR Doc. 2017–10003
Filed 5–15–17; 8:45 am]
Billing code 3295–F7–P
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| Establishment of Presidential Advisory Commission on Election Integrity | 2017-05-11T00:00:00 | c4b832e0954a0a66145d7adee49775de55ee74ba561e024034f5248c87995c94 |
Presidential Executive Order | 2017-09574 (13798) | Presidential Documents
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Executive Order 13798 of May 4, 2017
Promoting Free Speech and Religious Liberty
By the authority vested in me as President by the Constitution and the
laws of the United States of America, in order to guide the executive branch
in formulating and implementing policies with implications for the religious
liberty of persons and organizations in America, and to further compliance
with the Constitution and with applicable statutes and Presidential Directives,
it is hereby ordered as follows:
Section 1. Policy. It shall be the policy of the executive branch to vigorously
enforce Federal law’s robust protections for religious freedom. The Founders
envisioned a Nation in which religious voices and views were integral
to a vibrant public square, and in which religious people and institutions
were free to practice their faith without fear of discrimination or retaliation
by the Federal Government. For that reason, the United States Constitution
enshrines and protects the fundamental right to religious liberty as Ameri-
cans’ first freedom. Federal law protects the freedom of Americans and
their organizations to exercise religion and participate fully in civic life
without undue interference by the Federal Government. The executive branch
will honor and enforce those protections.
Sec. 2. Respecting Religious and Political Speech. All executive departments
and agencies (agencies) shall, to the greatest extent practicable and to the
extent permitted by law, respect and protect the freedom of persons and
organizations to engage in religious and political speech. In particular, the
Secretary of the Treasury shall ensure, to the extent permitted by law,
that the Department of the Treasury does not take any adverse action against
any individual, house of worship, or other religious organization on the
basis that such individual or organization speaks or has spoken about moral
or political issues from a religious perspective, where speech of similar
character has, consistent with law, not ordinarily been treated as participation
or intervention in a political campaign on behalf of (or in opposition to)
a candidate for public office by the Department of the Treasury. As used
in this section, the term ‘‘adverse action’’ means the imposition of any
tax or tax penalty; the delay or denial of tax-exempt status; the disallowance
of tax deductions for contributions made to entities exempted from taxation
under section 501(c)(3) of title 26, United States Code; or any other action
that makes unavailable or denies any tax deduction, exemption, credit, or
benefit.
Sec. 3. Conscience Protections with Respect to Preventive-Care Mandate.
The Secretary of the Treasury, the Secretary of Labor, and the Secretary
of Health and Human Services shall consider issuing amended regulations,
consistent with applicable law, to address conscience-based objections to
the preventive-care mandate promulgated under section 300gg–13(a)(4) of
title 42, United States Code.
Sec. 4. Religious Liberty Guidance. In order to guide all agencies in complying
with relevant Federal law, the Attorney General shall, as appropriate, issue
guidance interpreting religious liberty protections in Federal law.
Sec. 5. Severability. If any provision of this order, or the application of
any provision to any individual or circumstance, is held to be invalid,
the remainder of this order and the application of its other provisions
to any other individuals or circumstances shall not be affected thereby.
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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,
May 4, 2017.
[FR Doc. 2017–09574
Filed 5–8–17; 11:15 am]
Billing code 3295–F7–P
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| Promoting Free Speech and Religious Liberty | 2017-05-04T00:00:00 | 14326ae4bfdc9a29283af97da89f3f42dfc1b109281be22506d2e52680162f28 |
Presidential Executive Order | 2017-09161 (13797) | Presidential Documents
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Executive Order 13797 of April 29, 2017
Establishment of Office of Trade and Manufacturing Policy
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. The Office of Trade and Manufacturing Policy
(OTMP) is hereby established within the White House Office. The OTMP
shall consist of a Director selected by the President and such staff as deemed
necessary by the Assistant to the President and Chief of Staff.
Sec. 2. Mission. The mission of the OTMP is to defend and serve American
workers and domestic manufacturers while advising the President on policies
to increase economic growth, decrease the trade deficit, and strengthen
the United States manufacturing and defense industrial bases.
Sec. 3. Responsibilities. The OTMP shall:
(a) advise the President on innovative strategies and promote trade policies
consistent with the President’s stated goals;
(b) serve as a liaison between the White House and the Department of
Commerce and undertake trade-related special projects as requested by the
President; and
(c) help improve the performance of the executive branch’s domestic pro-
curement and hiring policies, including through the implementation of the
policies described in Executive Order 13788 of April 18, 2017 (Buy American
and Hire American).
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.
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(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 29, 2017.
[FR Doc. 2017–09161
Filed 5–3–17; 8:45 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-09087 (13795) | Presidential Documents
20815
Federal Register
Vol. 82, No. 84
Wednesday, May 3, 2017
Executive Order 13795 of April 28, 2017
Implementing an America-First Offshore Energy Strategy
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Outer Continental Shelf
Lands Act, 43 U.S.C. 1331 et seq., and in order to maintain global leadership
in energy innovation, exploration, and production, it is hereby ordered as
follows:
Section 1. Findings. America must put the energy needs of American families
and businesses first and continue implementing a plan that ensures energy
security and economic vitality for decades to come. The energy and minerals
produced from lands and waters under Federal management are important
to a vibrant economy and to our national security. Increased domestic energy
production on Federal lands and waters strengthens the Nation’s security
and reduces reliance on imported energy. Moreover, low energy prices,
driven by an increased American energy supply, will benefit American
families and help reinvigorate American manufacturing and job growth.
Finally, because the Department of Defense is one of the largest consumers
of energy in the United States, domestic energy production also improves
our Nation’s military readiness.
Sec. 2. Policy. It shall be the policy of the United States to encourage
energy exploration and production, including on the Outer Continental Shelf,
in order to maintain the Nation’s position as a global energy leader and
foster energy security and resilience for the benefit of the American people,
while ensuring that any such activity is safe and environmentally responsible.
Sec. 3. Implementing an America-First Offshore Energy Strategy. To carry
out the policy set forth in section 2 of this order, the Secretary of the
Interior shall:
(a) as appropriate and consistent with applicable law, including the proce-
dures set forth in section 1344 of title 43, United States Code, in consultation
with the Secretary of Defense, give full consideration to revising the schedule
of proposed oil and gas lease sales, as described in that section, so that
it includes, but is not limited to, annual lease sales, to the maximum
extent permitted by law, in each of the following Outer Continental Shelf
Planning Areas, as designated by the Bureau of Ocean Energy Management
(BOEM) (Planning Areas): Western Gulf of Mexico, Central Gulf of Mexico,
Chukchi Sea, Beaufort Sea, Cook Inlet, Mid-Atlantic, and South Atlantic;
(b) ensure that any revisions made pursuant to subsection (a) of this
section do not hinder or affect ongoing lease sales currently scheduled
as part of the 2017–2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program, as published on November 18, 2016; and
(c) develop and implement, in coordination with the Secretary of Com-
merce and to the maximum extent permitted by law, a streamlined permitting
approach for privately funded seismic data research and collection aimed
at expeditiously determining the offshore energy resource potential of the
United States within the Planning Areas.
Sec. 4. Responsible Planning for Future Offshore Energy Potential. (a) The
Secretary of Commerce shall, unless expressly required otherwise, refrain
from designating or expanding any National Marine Sanctuary under the
National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., unless the sanctuary
designation or expansion proposal includes a timely, full accounting from
the Department of the Interior of any energy or mineral resource potential
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within the designated area—including offshore energy from wind, oil, natural
gas, methane hydrates, and any other sources that the Secretary of Commerce
deems appropriate—and the potential impact the proposed designation or
expansion will have on the development of those resources. The Secretary
of the Interior shall provide any such accounting within 60 days of receiving
a notification of intent to propose any such National Marine Sanctuary
designation or expansion from the Secretary of Commerce.
(b) The Secretary of Commerce, in consultation with the Secretary of
Defense, the Secretary of the Interior, and the Secretary of Homeland Security,
shall conduct a review of all designations and expansions of National Marine
Sanctuaries, and of all designations and expansions of Marine National
Monuments under the Antiquities Act of 1906, recently recodified at sections
320301 to 320303 of title 54, United States Code, designated or expanded
within the 10-year period prior to the date of this order.
(i) The review under this subsection shall include:
(A) an analysis of the acreage affected and an analysis of the budgetary
impacts of the costs of managing each National Marine Sanctuary or
Marine National Monument designation or expansion;
(B) an analysis of the adequacy of any required Federal, State, and
tribal consultations conducted before the designations or expansions; and
(C) the opportunity costs associated with potential energy and mineral
exploration and production from the Outer Continental Shelf, in addition
to any impacts on production in the adjacent region.
(ii) Within 180 days of the date of this order, the Secretary of Commerce,
in consultation with the Secretary of Defense and the Secretary of the
Interior, shall report the results of the review under this subsection to
the Director of the Office of Management and Budget, the Chairman of
the Council on Environmental Quality, and the Assistant to the President
for Economic Policy.
(c) To further streamline existing regulatory authorities, Executive Order
13754 of December 9, 2016 (Northern Bering Sea Climate Resilience), is
hereby revoked.
Sec. 5. Modification of the Withdrawal of Areas of the Outer Continental
Shelf from Leasing Disposition. The body text in each of the memoranda
of withdrawal from disposition by leasing of the United States Outer Conti-
nental Shelf issued on December 20, 2016, January 27, 2015, and July
14, 2008, is modified to read, in its entirety, as follows:
‘‘Under the authority vested in me as President of the United States,
including section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C.
1341(a), I hereby withdraw from disposition by leasing, for a time period
without specific expiration, those areas of the Outer Continental Shelf des-
ignated as of July 14, 2008, as Marine Sanctuaries under the Marine Protec-
tion, Research, and Sanctuaries Act of 1972, 16 U.S.C. 1431–1434, 33 U.S.C.
1401 et seq.’’
Nothing in the withdrawal under this section affects any rights under
existing leases in the affected areas.
Sec. 6. Reconsideration of Notice to Lessees and Financial Assurance Regu-
latory Review. The Secretary of the Interior shall direct the Director of
BOEM to take all necessary steps consistent with law to review BOEM’s
Notice to Lessees No. 2016–N01 of September 12, 2016 (Notice to Lessees
and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders
of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer
Continental Shelf), and determine whether modifications are necessary, and
if so, to what extent, to ensure operator compliance with lease terms while
minimizing unnecessary regulatory burdens. The Secretary of the Interior
shall also review BOEM’s financial assurance regulatory policy to determine
the extent to which additional regulation is necessary.
Sec. 7. Reconsideration of Well Control Rule. The Secretary of the Interior
shall review the Final Rule of the Bureau of Safety and Environmental
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Enforcement (BSEE) entitled ‘‘Oil and Gas and Sulfur Operations in the
Outer Continental Shelf-Blowout Preventer Systems and Well Control,’’ 81
Fed. Reg. 25888 (April 29, 2016), for consistency with the policy set forth
in section 2 of this order, and shall publish for notice and comment a
proposed rule revising that rule, if appropriate and as consistent with law.
The Secretary of the Interior shall also take all appropriate action to lawfully
revise any related rules and guidance for consistency with the policy set
forth in section 2 of this order. Additionally, the Secretary of the Interior
shall review BSEE’s regulatory regime for offshore operators to determine
the extent to which additional regulation is necessary.
Sec. 8. Reconsideration of Proposed Offshore Air Rule. The Secretary of
the Interior shall take all steps necessary to review BOEM’s Proposed Rule
entitled ‘‘Air Quality Control, Reporting, and Compliance,’’ 81 Fed. Reg.
19718 (April 5, 2016), along with any related rules and guidance, and,
if appropriate, shall, as soon as practicable and consistent with law, consider
whether the proposed rule, and any related rules and guidance, should
be revised or withdrawn.
Sec. 9. Expedited Consideration of Incidental Harassment Authorizations,
Incidental-Take, and Seismic Survey Permits. The Secretary of the Interior
and the Secretary of Commerce shall, to the maximum extent permitted
by law, expedite all stages of consideration of Incidental Take Authorization
requests, including Incidental Harassment Authorizations and Letters of Au-
thorization, and Seismic Survey permit applications under the Outer Conti-
nental Shelf Lands Act, 43 U.S.C. 1331 et seq., and the Marine Mammal
Protection Act, 16 U.S.C. 1361 et seq.
Sec. 10. Review of National Oceanic and Atmospheric Administration
(NOAA) Technical Memorandum NMFS–OPR–55. The Secretary of Commerce
shall review NOAA’s Technical Memorandum NMFS–OPR–55 of July 2016
(Technical Guidance for Assessing the Effects of Anthropogenic Sound on
Marine Mammal Hearing) for consistency with the policy set forth in section
2 of this order and, after consultation with the appropriate Federal agencies,
take all steps permitted by law to rescind or revise that guidance, if appro-
priate.
Sec. 11. Review of Offshore Arctic Drilling Rule. The Secretary of the Interior
shall immediately take all steps necessary to review the Final Rule entitled
‘‘Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Require-
ments for Exploratory Drilling on the Arctic Outer Continental Shelf,’’ 81
Fed. Reg. 46478 (July 15, 2016), and, if appropriate, shall, as soon as prac-
ticable and consistent with law, publish for notice and comment a proposed
rule suspending, revising, or rescinding this rule.
Sec. 12. Definition. As used in this order, ‘‘Outer Continental Shelf Planning
Areas, as designated by the Bureau of Ocean Energy Management’’ means
those areas delineated in the diagrams on pages S–5 and S–8 of the 2017–
2022 Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program,
as published by the BOEM in January 2015, with the exception of any
buffer zones included in such planning documents.
Sec. 13. 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.
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(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 28, 2017.
[FR Doc. 2017–09087
Filed 5–2–17; 11:15 am]
Billing code 3295–F7–P
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Vol. 82, No. 85
Thursday, May 4, 2017
Title 3—
The President
Executive Order 13796 of April 29, 2017
Addressing Trade Agreement Violations and Abuses
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 trade agreement and investment agreement entered
into by the United States, and all trade relations and trade preference pro-
grams of the United States, should enhance our economic growth, contribute
favorably to our balance of trade, and strengthen the American manufacturing
base. Many United States free trade agreements, investment agreements,
and trade relations have failed, in whole or in part, to meet these criteria.
The result has been large and persistent trade deficits, a lack of reciprocal
treatment of American goods and investment, the offshoring of factories
and jobs, the loss of American intellectual property and reduced technological
innovation, downward pressure on wage and income growth, and an impaired
tax base. It is the policy of the United States to negotiate new trade agree-
ments, investment agreements, and trade relations that benefit American
workers and domestic manufacturers, farmers, and ranchers; protect our
intellectual property; and encourage domestic research and development.
It is also the policy of the United States to renegotiate or terminate any
existing trade agreement, investment agreement, or trade relation that, on
net, harms the United States economy, United States businesses, United
States intellectual property rights and innovation rate, or the American
people.
Sec. 2. Conduct Performance Reviews. The Secretary of Commerce and the
United States Trade Representative (USTR), in consultation with the Secretary
of State, the Secretary of the Treasury, the Attorney General, and the Director
of the Office of Trade and Manufacturing Policy, shall conduct comprehen-
sive performance reviews of:
(a) all bilateral, plurilateral, and multilateral trade agreements and invest-
ment agreements to which the United States is a party; and
(b) all trade relations with countries governed by the rules of the World
Trade Organization (WTO) with which the United States does not have
free trade agreements but with which the United States runs significant
trade deficits in goods.
Sec. 3. Report of Violations and Abuses. (a) Each performance review shall
be submitted to the President by the Secretary of Commerce and the USTR
within 180 days of the date of this order and shall identify:
(i) those violations or abuses of any United States trade agreement, invest-
ment agreement, WTO rule governing any trade relation under the WTO,
or trade preference program that are harming American workers or domestic
manufacturers, farmers, or ranchers; harming our intellectual property
rights; reducing our rate of innovation; or impairing domestic research
and development;
(ii) unfair treatment by trade and investment partners that is harming
American workers or domestic manufacturers, farmers, or ranchers; harm-
ing our intellectual property rights; reducing our rate of innovation; or
impairing domestic research and development;
(iii) instances where a trade agreement, investment agreement, trade rela-
tion, or trade preference program has failed with regard to such factors
as predicted new jobs created, favorable effects on the trade balance,
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expanded market access, lowered trade barriers, or increased United States
exports; and
(iv) lawful and appropriate actions to remedy or correct deficiencies identi-
fied pursuant to subsections (a)(i) through (a)(iii) of this section.
(b) The findings of the performance reviews required by this order shall
help guide United States trade policy and trade negotiations.
Sec. 4. Remedy of Trade Violations and Abuses. The Secretary of Commerce,
the USTR, and other heads of executive departments and agencies, as appro-
priate, shall take every appropriate and lawful action to address violations
of trade law, abuses of trade law, or instances of unfair treatment.
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,
April 29, 2017.
[FR Doc. 2017–09156
Filed 5–3–17; 8:45 am]
Billing code 3295–F7–P
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Vol. 82, No. 82
Monday, May 1, 2017
Title 3—
The President
Executive Order 13791 of April 26, 2017
Enforcing Statutory Prohibitions on Federal Control of Edu-
cation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to restore the proper
division of power under the Constitution between the Federal Government
and the States and to further the goals of, and to ensure strict compliance
with, statutes that prohibit Federal interference with State and local control
over education, including section 103 of the Department of Education Organi-
zation Act (DEOA) (20 U.S.C. 3403), sections 438 and 447 of the General
Education Provisions Act (GEPA), as amended (20 U.S.C. 1232a and 1232j),
and sections 8526A, 8527, and 8529 of the Elementary and Secondary Edu-
cation Act of 1965 (ESEA), as amended by the Every Student Succeeds
Act (ESSA) (20 U.S.C. 7906a, 7907, and 7909), it is hereby ordered as
follows:
Section 1. Policy. It shall be the policy of the executive branch to protect
and preserve State and local control over the curriculum, program of instruc-
tion, administration, and personnel of educational institutions, schools, and
school systems, consistent with applicable law, including ESEA, as amended
by ESSA, and ESEA’s restrictions related to the Common Core State Standards
developed under the Common Core State Standards Initiative.
Sec. 2. Review of Regulations and Guidance Documents. (a) The Secretary
of Education (Secretary) shall review all Department of Education (Depart-
ment) regulations and guidance documents relating to DEOA, GEPA, and
ESEA, as amended by ESSA.
(b) The Secretary shall examine whether these regulations and guidance
documents comply with Federal laws that prohibit the Department from
exercising any direction, supervision, or control over areas subject to State
and local control, including:
(i) the curriculum or program of instruction of any elementary and sec-
ondary school and school system;
(ii) school administration and personnel; and
(iii) selection and content of library resources, textbooks, and instructional
materials.
(c) The Secretary shall, as appropriate and consistent with applicable
law, rescind or revise any regulations that are identified pursuant to sub-
section (b) of this section as inconsistent with statutory prohibitions. The
Secretary shall also rescind or revise any guidance documents that are
identified pursuant to subsection (b) of this section as inconsistent with
statutory prohibitions. The Secretary shall, to the extent consistent with
law, publish any proposed regulations and withdraw or modify any guidance
documents pursuant to this subsection no later than 300 days after the
date of this order.
Sec. 3. Definition. The term ‘‘guidance document’’ means any written state-
ment issued by the Department to the public that sets forth a policy on
a statutory, regulatory, or technical issue or an interpretation of a statutory
or regulatory issue, including Dear Colleague letters, interpretive memoranda,
policy statements, manuals, circulars, memoranda, pamphlets, bulletins,
advisories, technical assistance, and grants of applications for waivers.
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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,
April 26, 2017.
[FR Doc. 2017–08905
Filed 4–28–17; 11:15 am]
Billing code 3295–F7–P
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Executive Order 13792 of April 26, 2017
Review of Designations Under the Antiquities Act
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in recognition of the importance
of the Nation’s wealth of natural resources to American workers and the
American economy, it is hereby ordered as follows:
Section 1. Policy. Designations of national monuments under the Antiquities
Act of 1906, recently recodified at sections 320301 to 320303 of title 54,
United States Code (the ‘‘Antiquities Act’’ or ‘‘Act’’), have a substantial
impact on the management of Federal lands and the use and enjoyment
of neighboring lands. Such designations are a means of stewarding America’s
natural resources, protecting America’s natural beauty, and preserving Amer-
ica’s historic places. Monument designations that result from a lack of public
outreach and proper coordination with State, tribal, and local officials and
other relevant stakeholders may also create barriers to achieving energy
independence, restrict public access to and use of Federal lands, burden
State, tribal, and local governments, and otherwise curtail economic growth.
Designations should be made in accordance with the requirements and origi-
nal objectives of the Act and appropriately balance the protection of land-
marks, structures, and objects against the appropriate use of Federal lands
and the effects on surrounding lands and communities.
Sec. 2. Review of National Monument Designations. (a) The Secretary of
the Interior (Secretary) shall conduct a review of all Presidential designations
or expansions of designations under the Antiquities Act made since January
1, 1996, where the designation covers more than 100,000 acres, where the
designation after expansion covers more than 100,000 acres, or where the
Secretary determines that the designation or expansion was made without
adequate public outreach and coordination with relevant stakeholders, to
determine whether each designation or expansion conforms to the policy
set forth in section 1 of this order. In making those determinations, the
Secretary shall consider:
(i) the requirements and original objectives of the Act, including the
Act’s requirement that reservations of land not exceed ‘‘the smallest area
compatible with the proper care and management of the objects to be
protected’’;
(ii) whether designated lands are appropriately classified under the Act
as ‘‘historic landmarks, historic and prehistoric structures, [or] other objects
of historic or scientific interest’’;
(iii) the effects of a designation on the available uses of designated Federal
lands, including consideration of the multiple-use policy of section
102(a)(7) of the Federal Land Policy and Management Act (43 U.S.C.
1701(a)(7)), as well as the effects on the available uses of Federal lands
beyond the monument boundaries;
(iv) the effects of a designation on the use and enjoyment of non-Federal
lands within or beyond monument boundaries;
(v) concerns of State, tribal, and local governments affected by a designa-
tion, including the economic development and fiscal condition of affected
States, tribes, and localities;
(vi) the availability of Federal resources to properly manage designated
areas; and
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(vii) such other factors as the Secretary deems appropriate.
(b) In conducting the review described in subsection (a) of this section,
the Secretary shall consult and coordinate with, as appropriate, the Secretary
of Defense, the Secretary of Agriculture, the Secretary of Commerce, the
Secretary of Energy, the Secretary of Homeland Security, and the heads
of any other executive departments or agencies concerned with areas des-
ignated under the Act.
(c) In conducting the review described in subsection (a) of this section,
the Secretary shall, as appropriate, consult and coordinate with the Governors
of States affected by monument designations or other relevant officials of
affected State, tribal, and local governments.
(d) Within 45 days of the date of this order, the Secretary shall provide
an interim report to the President, through the Director of the Office of
Management and Budget, the Assistant to the President for Economic Policy,
the Assistant to the President for Domestic Policy, and the Chairman of
the Council on Environmental Quality, summarizing the findings of the
review described in subsection (a) of this section with respect to Proclamation
9558 of December 28, 2016 (Establishment of the Bears Ears National Monu-
ment), and such other designations as the Secretary determines to be appro-
priate for inclusion in the interim report. For those designations, the interim
report shall include recommendations for such Presidential actions, legisla-
tive proposals, 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.
(e) Within 120 days of the date of this order, the Secretary shall provide
a final report to the President, through the Director of the Office of Manage-
ment and Budget, the Assistant to the President for Economic Policy, the
Assistant to the President for Domestic Policy, and the Chairman of the
Council on Environmental Quality, summarizing the findings of the review
described in subsection (a) of this section. The final report shall include
recommendations for such Presidential actions, legislative proposals, 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.
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.
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(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, 2017.
[FR Doc. 2017–08908
Filed 4–28–17; 11:15 am]
Billing code 3295–F7–P
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Executive Order 13831 of May 3, 2018
Establishment of a White House Faith and Opportunity Ini-
tiative
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to assist faith-based and other
organizations in their efforts to strengthen the institutions of civil society
and American families and communities, it is hereby ordered as follows:
Section 1. Policy. Faith-based and community organizations have tremendous
ability to serve individuals, families, and communities through means that
are different from those of government and with capacity that often exceeds
that of government. These organizations lift people up, keep families strong,
and solve problems at the local level. The executive branch wants faith-
based and community organizations, to the fullest opportunity permitted
by law, to compete on a level playing field for grants, contracts, programs,
and other Federal funding opportunities. The efforts of faith-based and com-
munity organizations are essential to revitalizing communities, and the Fed-
eral Government welcomes opportunities to partner with such organizations
through innovative, measurable, and outcome-driven initiatives.
Sec. 2. 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 hereby amended by:
(i) substituting ‘‘White House Faith and Opportunity Initiative’’ for ‘‘White
House Office of Faith-Based and Community Initiatives’’ each time it
appears in those orders;
(ii) substituting ‘‘White House Faith and Opportunity Initiative’’ for ‘‘White
House OFBCI’’ each time it appears in those orders;
(iii) substituting ‘‘Centers for Faith and Opportunity Initiatives’’ for ‘‘Cen-
ters for Faith-Based and Community Initiatives’’ each time it appears
in those orders; and
(iv) substituting ‘‘White House Faith and Opportunity Initiative’’ for ‘‘Office
of Faith-Based and Neighborhood Partnerships’’ each time it appears in
those orders.
(b) Executive Order 13279, as amended, is further amended by striking
section 2(h) and redesignating sections 2(i) and 2(j) as sections 2(h) and
2(i), respectively.
Sec. 3. White House Faith and Opportunity Initiative. (a) There is established
within the Executive Office of the President the White House Faith and
Opportunity Initiative (Initiative).
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(i) The Initiative shall be headed by an Advisor to the White House
Faith and Opportunity Initiative (Advisor). The Advisor shall be housed
in the Office of Public Liaison and shall work with that office and the
Domestic Policy Council, in consultation with the Centers for Faith-Based
and Community Initiatives established by Executive Order 13198, Executive
Order 13280, Executive Order 13342, and Executive Order 13397, to imple-
ment this order.
(ii) The Initiative shall, from time to time and consistent with applicable
law, consult with and seek information from experts and various faith
and community leaders from outside the Federal Government, including
those from State, local, and tribal governments, identified by the Office
of Public Liaison, the Domestic Policy Council, and the Centers for Faith
and Opportunity Initiatives. These experts and leaders shall be identified
based on their expertise in a broad range of areas in which faith-based
and community organizations operate, including poverty alleviation, reli-
gious liberty, strengthening marriage and family, education, solutions for
substance abuse and addiction, crime prevention and reduction, prisoner
reentry, and health and humanitarian services.
(iii) The Advisor shall make recommendations to the President, through
the Assistant to the President for Domestic Policy, regarding changes to
policies, programs, and practices that affect the delivery of services by
faith-based and community organizations.
(iv) Executive departments and agencies (agencies) that lack a Center
for Faith and Opportunity Initiative shall designate a Liaison for Faith
and Opportunity Initiatives as a point of contact to coordinate with the
Advisor in carrying out this order.
(v) All agencies shall, to the extent permitted by law, provide such informa-
tion, support, and assistance to the Initiative as it may request to develop
public policy proposals.
(b) To the extent permitted by law, the Initiative shall:
(i) periodically convene meetings with the individuals described in section
3(a)(ii) of this order;
(ii) periodically convene meetings with representatives from the Centers
for Faith and Opportunity Initiatives and other representatives from across
agencies as the Advisor may designate;
(iii) provide recommendations regarding aspects of my Administration’s
policy agenda that affect faith-based and community programs and initia-
tives;
(iv) help integrate those aspects of my Administration’s policy agenda
that affect faith-based and other community organizations throughout the
Federal Government;
(v) showcase innovative initiatives by faith-based and community organiza-
tions that serve and strengthen individuals, families, and communities
throughout the United States;
(vi) notify the Attorney General, or his designee, of concerns raised by
faith-based and community organizations about any failures of the execu-
tive branch to comply with protections of Federal law for religious liberty
as outlined in the Attorney General’s Memorandum of October 6, 2017
(Federal Law Protections for Religious Liberty), issued pursuant to Execu-
tive Order 13798 of May 4, 2017 (Promoting Free Speech and Religious
Liberty); and
(vii) identify and propose means to reduce, in accordance with Executive
Order 13798 and the Attorney General’s Memorandum of October 6, 2017,
burdens on the exercise of religious convictions and legislative, regulatory,
and other barriers to the full and active engagement of faith-based and
community organizations in Government-funded or Government-conducted
activities and programs.
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Sec. 4. Revocation of Executive Orders. Executive Order 13199 of January
29, 2001 (Establishment of White House Office of Faith-Based and Commu-
nity Initiatives), and Executive Order 13498 of February 5, 2009 (Amend-
ments to Executive Order 13199 and Establishment of the President’s Advi-
sory Council for Faith-Based and Neighborhood Partnerships), are hereby
revoked.
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,
May 3, 2018.
[FR Doc. 2018–09895
Filed 5–7–18; 8:45 am]
Billing code 3295–F8–P
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Federal Register
Vol. 82, No. 83
Tuesday, May 2, 2017
Title 3—
The President
Executive Order 13793 of April 27, 2017
Improving Accountability and Whistleblower Protection at
the Department of Veterans Affairs
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. This order is intended to improve accountability and
whistleblower protection at the Department of Veterans Affairs (VA) by
directing the Secretary of Veterans Affairs (Secretary) to establish within
the VA an Office of Accountability and Whistleblower Protection and to
appoint a Special Assistant to serve as Executive Director of the Office.
Sec. 2. Establishing a VA Office of Accountability and Whistleblower Protec-
tion. (a) Within 45 days of the date of this order, and to the extent permitted
by law, the Secretary shall establish in the VA the Office of Accountability
and Whistleblower Protection (Office), and shall appoint a Special Assistant,
reporting directly to the Secretary, to serve as Executive Director of the
Office. The VA shall provide funding and administrative support for the
Office, consistent with applicable law and subject to the availability of
appropriations.
(b) To the extent permitted by law, the Office shall:
(i) advise and assist the Secretary in using, as appropriate, all available
authorities to discipline or terminate any VA manager or employee who
has violated the public’s trust and failed to carry out his or her duties
on behalf of veterans, and to recruit, reward, and retain high-performing
employees;
(ii) identify statutory barriers to the Secretary’s authority to discipline
or terminate any employee who has jeopardized the health, safety, or
well-being of a veteran, and to recruit, reward, and retain high-performing
employees; and report such barriers to the Secretary for consideration
as to the need for legislative changes;
(iii) work closely with relevant VA components to ensure swift and effec-
tive resolution of veterans’ complaints of wrongdoing at the VA; and
(iv) work closely with relevant VA components to ensure adequate inves-
tigation and correction of wrongdoing throughout the VA, and to protect
employees who lawfully disclose wrongdoing from retaliation.
(c) In establishing the Office, the Secretary shall consider, in addition
to any other relevant factors:
(i) whether some or all of the functions of the Office are currently performed
by an existing VA office, component, or program;
(ii) whether certain administrative capabilities necessary for operating the
Office are redundant with those of another VA office, component, or
program; and
(iii) whether combining the Office with another VA office, component,
or program may improve the VA’s efficiency, effectiveness, or account-
ability.
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
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(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, 2017.
[FR Doc. 2017–08990
Filed 5–1–17; 11:15 am]
Billing code 3295–F7–P
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Executive Order 13790 of April 25, 2017
Promoting Agriculture and Rural Prosperity in America
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 informed
exercise of regulatory authority that affects agriculture and rural communities,
it is hereby ordered as follows:
Section 1. Policy. A reliable, safe, and affordable food, fiber, and forestry
supply is critical to America’s national security, stability, and prosperity.
It is in the national interest to promote American agriculture and protect
the rural communities where food, fiber, forestry, and many of our renewable
fuels are cultivated. It is further in the national interest to ensure that
regulatory burdens do not unnecessarily encumber agricultural production,
harm rural communities, constrain economic growth, hamper job creation,
or increase the cost of food for Americans and our customers around the
world.
Sec. 2. Establishment of the Interagency Task Force on Agriculture and
Rural Prosperity. There is hereby established the Interagency Task Force
on Agriculture and Rural Prosperity (Task Force). The Department of Agri-
culture shall provide administrative support and funding for the Task Force
to the extent permitted by law and within existing appropriations.
Sec. 3. Membership. (a) The Secretary of Agriculture shall serve as Chair
of the Task Force, which shall also include:
(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 Commerce;
(vi) the Secretary of Labor;
(vii) the Secretary of Health and Human Services;
(viii) the Secretary of Transportation;
(ix) the Secretary of Energy;
(x) the Secretary of Education;
(xi) the Administrator of the Environmental Protection Agency;
(xii) the Chairman of the Federal Communications Commission;
(xiii) the Director of the Office of Management and Budget;
(xiv) the Director of the Office of Science and Technology Policy;
(xv) the Director of the Office of National Drug Control Policy;
(xvi) the Chairman of the Council of Economic Advisers;
(xvii) the Assistant to the President for Domestic Policy;
(xviii) the Assistant to the President for Economic Policy;
(xix) the Administrator of the Small Business Administration;
(xx) the United States Trade Representative;
(xxi) the Director of the National Science Foundation; and
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(xxii) the heads of such other executive departments, agencies, and offices
as the President or the Secretary of Agriculture may, from time to time,
designate.
(b) A member of the Task Force may designate a senior-level official
who is a full-time officer or employee of the member’s department, agency,
or office to perform the member’s functions on the Task Force.
Sec. 4. Purpose and Functions of the Task Force. (a) The Task Force shall
identify legislative, regulatory, and policy changes to promote in rural Amer-
ica agriculture, economic development, job growth, infrastructure improve-
ments, technological innovation, energy security, and quality of life, includ-
ing changes that:
(i) remove barriers to economic prosperity and quality of life in rural
America;
(ii) advance the adoption of innovations and technology for agricultural
production and long-term, sustainable rural development;
(iii) strengthen and expand educational opportunities for students in rural
communities, particularly in agricultural education, science, technology,
engineering, and mathematics;
(iv) empower the State, local, and tribal agencies that implement rural
economic development, agricultural, and environmental programs to tailor
those programs to relevant regional circumstances;
(v) respect the unique circumstances of small businesses that serve rural
communities and the unique business structures and regional diversity
of farms and ranches;
(vi) require executive departments and agencies to rely upon the best
available science when reviewing or approving crop protection tools;
(vii) ensure access to a reliable workforce and increase employment oppor-
tunities in agriculture-related and rural-focused businesses;
(viii) promote the preservation of family farms and other agribusiness
operations as they are passed from one generation to the next, including
changes to the estate tax and the tax valuation of family or cooperatively
held businesses;
(ix) ensure that water users’ private property rights are not encumbered
when they attempt to secure permits to operate on public lands;
(x) improve food safety and ensure that regulations and policies imple-
menting Federal food safety laws are based on science and account for
the unique circumstances of farms and ranches;
(xi) encourage the production, export, and use of domestically produced
agricultural products;
(xii) further the Nation’s energy security by advancing traditional and
renewable energy production in the rural landscape; and
(xiii) address hurdles associated with access to resources on public lands
for the rural communities that rely on cattle grazing, timber harvests,
mining, recreation, and other multiple uses.
(b) The Task Force shall, in coordination with the Deputy Assistant to
the President for Intergovernmental Affairs, provide State, local, and tribal
officials—and farmers, ranchers, foresters, and other rural stakeholders—
with an opportunity to suggest to the Task Force legislative, regulatory,
and policy changes.
(c) The Task Force shall coordinate its efforts with other reviews of regula-
tions or policy, including those conducted pursuant to Executive Order
13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory
Costs), 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), and Executive Order 13783 of March 28, 2017
(Promoting Energy Independence and Economic Growth).
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Sec. 5. Report. Within 180 days of the date of this order, the Secretary
of Agriculture, in coordination with the other members of the Task Force,
shall submit a report to the President, through the Assistant to the President
for Economic Policy and the Assistant to the President for Domestic Policy,
recommending the legislative, regulatory, or policy changes identified pursu-
ant to section 4 of this order that the Task Force considers appropriate.
The Secretary of Agriculture shall provide a copy of the final report to
each member of the Task Force.
Sec. 6. Revocation. Executive Order 13575 of June 9, 2011 (Establishment
of the White House Rural Council), 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.
(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 25, 2017.
[FR Doc. 2017–08818
Filed 4–27–17; 11:15 am]
Billing code 3295–F7–P
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| Promoting Agriculture and Rural Prosperity in America | 2017-04-25T00:00:00 | 45858ee5ffa15d396bc6067b9d230bf62edaabcf0a60f8b300b7a3f61c9290dc |
Presidential Executive Order | 2017-08311 (13788) | Presidential Documents
18837
Federal Register
Vol. 82, No. 76
Friday, April 21, 2017
Title 3—
The President
Executive Order 13788 of April 18, 2017
Buy American and Hire American
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to ensure the faithful execution
of the laws, it is hereby ordered as follows:
Section 1. Definitions. As used in this order:
(a) ‘‘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.
(b) ‘‘Produced in the United States’’ means, for iron and steel products,
that all manufacturing processes, from the initial melting stage through
the application of coatings, occurred in the United States.
(c) ‘‘Petition beneficiaries’’ means aliens petitioned for by employers to
become nonimmigrant visa holders with temporary work authorization under
the H–1B visa program.
(d) ‘‘Waivers’’ means exemptions from or waivers of Buy American Laws,
or the procedures and conditions used by an executive department or agency
(agency) in granting exemptions from or waivers of Buy American Laws.
(e) ‘‘Workers in the United States’’ and ‘‘United States workers’’ shall
both be defined as provided at section 212(n)(4)(E) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(4)(E)).
Sec. 2. Policy. It shall be the policy of the executive branch to buy American
and hire American.
(a) Buy American Laws. In order to promote economic and national security
and to help stimulate economic growth, create good jobs at decent wages,
strengthen our middle class, and support the American manufacturing and
defense industrial bases, it shall be the policy of the executive branch
to maximize, consistent with law, through terms and conditions of Federal
financial assistance awards and Federal procurements, the use of goods,
products, and materials produced in the United States.
(b) Hire American. In order to create higher wages and employment rates
for workers in the United States, and to protect their economic interests,
it shall be the policy of the executive branch to rigorously enforce and
administer the laws governing entry into the United States of workers from
abroad, including section 212(a)(5) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(5)).
Sec. 3. Immediate Enforcement and Assessment of Domestic Preferences
According to Buy American Laws. (a) Every agency shall scrupulously mon-
itor, enforce, and comply with Buy American Laws, to the extent they
apply, and minimize the use of waivers, consistent with applicable law.
(b) Within 150 days of the date of this order, the heads of all agencies
shall:
(i) assess the monitoring of, enforcement of, implementation of, and compli-
ance with Buy American Laws within their agencies;
(ii) assess the use of waivers within their agencies by type and impact
on domestic jobs and manufacturing; and
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(iii) develop and propose policies for their agencies to ensure that, to
the extent permitted by law, Federal financial assistance awards and Fed-
eral procurements maximize the use of materials produced in the United
States, including manufactured products; components of manufactured
products; and materials such as steel, iron, aluminum, and cement.
(c) Within 60 days of the date of this order, the Secretary of Commerce
and the Director of the Office of Management and Budget, in consultation
with the Secretary of State, the Secretary of Labor, the United States Trade
Representative, and the Federal Acquisition Regulatory Council, shall issue
guidance to agencies about how to make the assessments and to develop
the policies required by subsection (b) of this section.
(d) Within 150 days of the date of this order, the heads of all agencies
shall submit findings made pursuant to the assessments required by sub-
section (b) of this section to the Secretary of Commerce and the Director
of the Office of Management and Budget.
(e) Within 150 days of the date of this order, the Secretary of Commerce
and the United States Trade Representative shall assess the impacts of
all United States free trade agreements and the World Trade Organization
Agreement on Government Procurement on the operation of Buy American
Laws, including their impacts on the implementation of domestic procure-
ment preferences.
(f) The Secretary of Commerce, in consultation with the Secretary of
State, the Director of the Office of Management and Budget, and the United
States Trade Representative, shall submit to the President a report on Buy
American that includes findings from subsections (b), (d), and (e) of this
section. This report shall be submitted within 220 days of the date of
this order and shall include specific recommendations to strengthen imple-
mentation of Buy American Laws, including domestic procurement pref-
erence policies and programs. Subsequent reports on implementation of
Buy American Laws shall be submitted by each agency head annually to
the Secretary of Commerce and the Director of the Office of Management
and Budget, on November 15, 2018, 2019, and 2020, and in subsequent
years as directed by the Secretary of Commerce and the Director of the
Office of Management and Budget. The Secretary of Commerce shall submit
to the President an annual report based on these submissions beginning
January 15, 2019.
Sec. 4. Judicious Use of Waivers. (a) To the extent permitted by law, public
interest waivers from Buy American Laws should be construed to ensure
the maximum utilization of goods, products, and materials produced in
the United States.
(b) To the extent permitted by law, determination of public interest waivers
shall be made by the head of the agency with the authority over the Federal
financial assistance award or Federal procurement under consideration.
(c) To the extent permitted by law, before granting a public interest waiver,
the relevant agency shall take appropriate account of 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, and it shall inte-
grate any findings into its waiver determination as appropriate.
Sec. 5. Ensuring the Integrity of the Immigration System in Order to ‘‘Hire
American.’’ (a) In order to advance the policy outlined in section 2(b)
of this order, the Secretary of State, the Attorney General, the Secretary
of Labor, and the Secretary of Homeland Security shall, as soon as practicable,
and consistent with applicable law, propose new rules and issue new guid-
ance, to supersede or revise previous rules and guidance if appropriate,
to protect the interests of United States workers in the administration of
our immigration system, including through the prevention of fraud or abuse.
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(b) In order to promote the proper functioning of the H–1B visa program,
the Secretary of State, the Attorney General, the Secretary of Labor, and
the Secretary of Homeland Security shall, as soon as practicable, suggest
reforms to help ensure that H–1B visas are awarded to the most-skilled
or highest-paid petition beneficiaries.
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;
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals; or
(iii) existing rights or obligations under international agreements.
(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 18, 2017.
[FR Doc. 2017–08311
Filed 4–20–17; 11:15 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-08586 (13789) | Presidential Documents
19317
Federal Register
Vol. 82, No. 79
Wednesday, April 26, 2017
Title 3—
The President
Executive Order 13789 of April 21, 2017
Identifying and Reducing Tax Regulatory Burdens
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 Federal tax system should be simple, fair, efficient,
and pro-growth. The purposes of tax regulations should be to bring clarity
to the already complex Internal Revenue Code (title 26, United States Code)
and to provide useful guidance to taxpayers. Contrary to these purposes,
numerous tax regulations issued over the last several years have effectively
increased tax burdens, impeded economic growth, and saddled American
businesses with onerous fines, complicated forms, and frustration. Immediate
action is necessary to reduce the burden existing tax regulations impose
on American taxpayers and thereby to provide tax relief and useful, sim-
plified tax guidance.
Sec. 2. Addressing Tax Regulatory Burdens. (a) In furtherance of the policy
described in section 1 of this order, the Secretary of the Treasury (Secretary)
shall immediately review all significant tax regulations issued by the Depart-
ment of the Treasury on or after January 1, 2016, and, in consultation
with the Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, identify in an interim report to the
President all such regulations that:
(i) impose an undue financial burden on United States taxpayers;
(ii) add undue complexity to the Federal tax laws; or
(iii) exceed the statutory authority of the Internal Revenue Service.
This interim report shall be completed no later than 60 days from the
date of this order. In conducting the review required by this subsection,
earlier determinations of whether a regulation is significant pursuant to
Executive Order 12866 of September 30, 1993, as amended (Regulatory Plan-
ning and Review), shall not be controlling.
(b) No later than 150 days from the date of this order, the Secretary
shall prepare and submit a report to the President that recommends specific
actions to mitigate the burden imposed by regulations identified in the
interim report required under subsection (a) of this section. The Secretary
shall also publish this report in the Federal Register upon submitting it
to the President. The Secretary shall take appropriate steps to cause the
effective date of such regulations to be delayed or suspended, to the extent
permitted by law, and to modify or rescind such regulations as appropriate
and consistent with law, including, if necessary, through notice and comment
rulemaking. The Secretary shall submit for publication in the Federal Register
a summary of the actions taken in response to the report no later than
10 days following the finalization of such actions. Should all such actions
not be finalized within 180 days following the submission of the report
to the President, the Secretary shall submit for publication in the Federal
Register an initial report summarizing the actions taken to that point.
(c) To ensure that future tax regulations adhere to the policy described
in section 1 of this order, the Secretary and the Director of the Office
of Management and Budget shall review and, if appropriate, reconsider
the scope and implementation of the existing exemption for certain tax
regulations from the review process set forth in Executive Order 12866
and any successor order.
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(d) The Secretary shall cause section 32.1.5.4.7.5.3 of the Internal Revenue
Manual to be revised, if necessary to fulfill the directives in subsection
(c) 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
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 21, 2017.
[FR Doc. 2017–08586
Filed 4–25–17; 11:15 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-06967 (13785) | Presidential Documents
16719
Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Presidential Documents
Executive Order 13785 of March 31, 2017
Establishing Enhanced Collection and Enforcement of Anti-
dumping and Countervailing Duties and Violations of Trade
and Customs Laws
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 efficient
and effective administration of United States trade laws, it is hereby ordered
as follows:
Section 1. Policy. Importers that unlawfully evade antidumping and counter-
vailing duties expose United States employers to unfair competition and
deprive the Federal Government of lawful revenue. As of May 2015, $2.3
billion in antidumping and countervailing duties owed to the Government
remained uncollected, often from importers that lack assets located in the
United States. It is therefore the policy of the United States to impose
appropriate bonding requirements, based on risk assessments, on entries
of articles subject to antidumping and countervailing duties, when necessary
to protect the revenue of the United States.
Sec. 2. Definitions. For the purposes of this order:
(a) the term ‘‘importer’’ has the meaning given in section 4321 of title
19, United States Code; and
(b) the term ‘‘covered importer’’ means any importer of articles subject
to antidumping or countervailing duties for which one of the following
is true: U.S. Customs and Border Protection (CBP) has no record of previous
imports by the importer; CBP has a record of the importer’s failure to
fully pay antidumping or countervailing duties; or CBP has a record of
the importer’s failure to pay antidumping or countervailing duties in a
timely manner.
Sec. 3. Implementation Plan Development. Within 90 days of the date of
this order, the Secretary of Homeland Security shall, in consultation with
the Secretary of the Treasury, the Secretary of Commerce, and the United
States Trade Representative, develop a plan that would require covered
importers that, based on a risk assessment conducted by CBP, pose a risk
to the revenue of the United States, to provide security for antidumping
and countervailing duty liability through bonds and other legal measures,
and also would identify other appropriate enforcement measures. This plan
shall be consistent with the requirements of section 4321 and section 1623
of title 19, United States Code, and corresponding regulations.
Sec. 4. Trade and Suspected Customs Law Violations Enforcement. (a) Within
90 days of the date of this order, the Secretary of Homeland Security,
through the Commissioner of CBP, shall develop and implement a strategy
and plan for combating violations of United States trade and customs laws
for goods and for enabling interdiction and disposal, including through
methods other than seizure, of inadmissible merchandise entering through
any mode of transportation, to the extent authorized by law.
(b) To ensure the timely and efficient enforcement of laws protecting
Intellectual Property Rights (IPR) holders from the importation of counterfeit
goods, the Secretary of the Treasury and the Secretary of Homeland Security
shall take all appropriate steps, including rulemaking if necessary, to ensure
that CBP can, consistent with law, share with rights holders:
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(i) any information necessary to determine whether there has been an
IPR infringement or violation; and
(ii) any information regarding merchandise voluntarily abandoned, as de-
fined in section 127.12 of title 19, Code of Federal Regulations, before
seizure, if the Commissioner of CBP reasonably believes that the successful
importation of the merchandise would have violated United States trade
laws.
Sec. 5. Priority Enforcement. The Attorney General, in consultation with
the Secretary of Homeland Security, shall develop recommended prosecution
practices and allocate appropriate resources to ensure that Federal prosecu-
tors accord a high priority to prosecuting significant offenses related to
violations of trade laws.
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,
March 31, 2017.
[FR Doc. 2017–06967
Filed 4–4–17; 11:15 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-06968 (13786) | Presidential Documents
16721
Federal Register / Vol. 82, No. 64 / Wednesday, April 5, 2017 / Presidential Documents
Executive Order 13786 of March 31, 2017
Omnibus Report on Significant Trade Deficits
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 informed
exercise of the authority over international trade granted to me by law,
it is hereby ordered as follows:
Section 1. Policy. Free and fair trade is critical to the Nation’s prosperity,
national security, and foreign policy. It is in America’s economic and national
security interests to promote commerce by strengthening our relationships
with our trading partners, vigorously enforcing our Nation’s trade laws,
improving the overall conditions for competition and trade, and ensuring
the strength of our manufacturing and defense industrial bases.
For many years, the United States has not obtained the full scope of benefits
anticipated under a number of international trade agreements or from partici-
pating in the World Trade Organization. The United States annual trade
deficit in goods exceeds $700 billion, and the overall trade deficit exceeded
$500 billion in 2016.
The United States must address the challenges to economic growth and
employment that may arise from large and chronic trade deficits and the
unfair and discriminatory trade practices of some of our trading partners.
Unfair and discriminatory practices by our trading partners can deny Ameri-
cans the benefits that would otherwise accrue from free and fair trade,
unduly restrict the commerce of the United States, and put the commerce
of the United States at a disadvantage compared to that of foreign countries.
To address these challenges, it is essential that policy makers and the
persons representing the United States in trade negotiations have access
to current and comprehensive information regarding unfair trade practices
and the causes of United States trade deficits.
Sec. 2. Report. Within 90 days of the date of this order, the Secretary
of Commerce and the United States Trade Representative (USTR), in consulta-
tion with the Secretaries of State, the Treasury, Defense, Agriculture, and
Homeland Security, and the heads of any other executive departments or
agencies with relevant expertise, as determined by the Secretary of Commerce
and the USTR, shall prepare and submit to the President an Omnibus
Report on Significant Trade Deficits (Report). To aid in preparing the Report,
the Secretary of Commerce and the USTR may hold public meetings and
seek comments from relevant State, local, and non-governmental stake-
holders, including manufacturers, workers, consumers, service providers,
farmers, and ranchers. The Report shall identify those foreign trading partners
with which the United States had a significant trade deficit in goods in
2016. For each identified trading partner, the Report shall:
(a) assess the major causes of the trade deficit, including, as applicable,
differential tariffs, non-tariff barriers, injurious dumping, injurious govern-
ment subsidization, intellectual property theft, forced technology transfer,
denial of worker rights and labor standards, and any other form of discrimina-
tion against the commerce of the United States or other factors contributing
to the deficit;
(b) assess whether the trading partner is, directly or indirectly, imposing
unequal burdens on, or unfairly discriminating in fact against, the commerce
of the United States by law, regulation, or practice and thereby placing
the commerce of the United States at an unfair disadvantage;
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(c) assess the effects of the trade relationship on the production capacity
and strength of the manufacturing and defense industrial bases of the United
States;
(d) assess the effects of the trade relationship on employment and wage
growth in the United States; and
(e) identify imports and trade practices that may be impairing the national
security of the United States.
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 31, 2017.
[FR Doc. 2017–06968
Filed 4–4–17; 11:15 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-06716 (13784) | Presidential Documents
16283
Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Presidential Documents
Executive Order 13784 of March 29, 2017
Establishing the President’s Commission on Combating Drug
Addiction and the Opioid 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. It shall be the policy of the executive branch to combat
the scourge of drug abuse, addiction, and overdose (drug addiction), including
opioid abuse, addiction, and overdose (opioid crisis). This public health
crisis was responsible for more than 50,000 deaths in 2015 alone, most
of which involved an opioid, and has caused families and communities
across America to endure significant pain, suffering, and financial harm.
Sec. 2. Establishment of Commission. There is established the President’s
Commission on Combating Drug Addiction and the Opioid Crisis (Commis-
sion).
Sec. 3. Membership of Commission. (a) The Commission shall be composed
of members designated or appointed by the President.
(b) The members of the Commission shall be selected so that membership
is fairly balanced in terms of the points of view represented and the functions
to be performed by the Commission.
(c) The President shall designate the Chair of the Commission (Chair)
from among the Commission’s members.
Sec. 4. Mission of Commission. The mission of the Commission shall be
to study the scope and effectiveness of the Federal response to drug addiction
and the opioid crisis described in section 1 of this order and to make
recommendations to the President for improving that response. The Commis-
sion shall:
(a) identify and describe existing Federal funding used to combat drug
addiction and the opioid crisis;
(b) assess the availability and accessibility of drug addiction treatment
services and overdose reversal throughout the country and identify areas
that are underserved;
(c) identify and report on best practices for addiction prevention, including
healthcare provider education and evaluation of prescription practices, and
the use and effectiveness of State prescription drug monitoring programs;
(d) review the literature evaluating the effectiveness of educational mes-
sages for youth and adults with respect to prescription and illicit opioids;
(e) identify and evaluate existing Federal programs to prevent and treat
drug addiction for their scope and effectiveness, and make recommendations
for improving these programs; and
(f) make recommendations to the President for improving the Federal
response to drug addiction and the opioid crisis.
Sec. 5. Administration of Commission. (a) The Office of National Drug Control
Policy (ONDCP) shall, to the extent permitted by law, provide administrative
support for the Commission.
(b) Members of the Commission shall serve without any additional com-
pensation for their work on the Commission. Members of the Commission
appointed from among private citizens of the United States, while engaged
in the work of the Commission, may be allowed travel expenses, including
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per diem in lieu of subsistence, to the extent permitted by law for persons
serving intermittently in Government service (5 U.S.C. 5701–5707), consistent
with the availability of funds.
(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
under that Act, except for those in section 6 and section 14 of that Act,
shall be performed by the Director of the ONDCP, in accordance with the
guidelines that have been issued by the Administrator of General Services.
Sec. 6. Funding of Commission. The ONDCP shall, to the extent permitted
by law and consistent with the need for funding determined by the President,
make funds appropriated to the ONDCP available to pay the costs of the
activities of the Commission.
Sec. 7. Reports of Commission. Within 90 days of the date of this order,
the Commission shall submit to the President a report on its interim rec-
ommendations regarding how the Federal Government can address drug
addiction and the opioid crisis described in section 1 of this order, and
shall submit a report containing its final findings and recommendations
by October 1, 2017, unless the Chair provides written notice to the President
that an extension is necessary.
Sec. 8. Termination of Commission. The Commission shall terminate 30
days after submitting its final report, unless extended by the President
prior to that date.
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.
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(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 29, 2017.
[FR Doc. 2017–06716
Filed 3–31–17; 11:15 am]
Billing code 3295–F7–P
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| Establishing the President's Commission on Combating Drug Addiction and the Opioid Crisis | 2017-03-29T00:00:00 | b1149408de422b0ea80e573e6a99f16ad58eab115fac73f2fb74601e7ed7eeaa |
Presidential Executive Order | 2017-06576 (13783) | Presidential Documents
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Federal Register
Vol. 82, No. 61
Friday, March 31, 2017
Title 3—
The President
Executive Order 13783 of March 28, 2017
Promoting Energy Independence and Economic Growth
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. (a) It is in the national interest to promote clean and
safe development of our Nation’s vast energy resources, while at the same
time avoiding regulatory burdens that unnecessarily encumber energy produc-
tion, constrain economic growth, and prevent job creation. Moreover, the
prudent development of these natural resources is essential to ensuring
the Nation’s geopolitical security.
(b) It is further in the national interest to ensure that the Nation’s electricity
is affordable, reliable, safe, secure, and clean, and that it can be produced
from coal, natural gas, nuclear material, flowing water, and other domestic
sources, including renewable sources.
(c) Accordingly, it is the policy of the United States that executive depart-
ments and agencies (agencies) immediately review existing regulations that
potentially burden the development or use of domestically produced energy
resources and appropriately suspend, revise, or rescind those that unduly
burden the development of domestic energy resources beyond the degree
necessary to protect the public interest or otherwise comply with the law.
(d) It further is the policy of the United States that, to the extent permitted
by law, all agencies should take appropriate actions to promote clean air
and clean water for the American people, while also respecting the proper
roles of the Congress and the States concerning these matters in our constitu-
tional republic.
(e) It is also the policy of the United States that necessary and appropriate
environmental regulations comply with the law, are of greater benefit than
cost, when permissible, achieve environmental improvements for the Amer-
ican people, and are developed through transparent processes that employ
the best available peer-reviewed science and economics.
Sec. 2. Immediate Review of All Agency Actions that Potentially Burden
the Safe, Efficient Development of Domestic Energy Resources. (a) The heads
of agencies shall review all existing regulations, orders, guidance documents,
policies, and any other similar agency actions (collectively, agency actions)
that potentially burden the development or use of domestically produced
energy resources, with particular attention to oil, natural gas, coal, and
nuclear energy resources. Such review shall not include agency actions
that are mandated by law, necessary for the public interest, and consistent
with the policy set forth in section 1 of this order.
(b) For purposes of this order, ‘‘burden’’ means to unnecessarily obstruct,
delay, curtail, or otherwise impose significant costs on the siting, permitting,
production, utilization, transmission, or delivery of energy resources.
(c) Within 45 days of the date of this order, the head of each agency
with agency actions described in subsection (a) of this section shall develop
and submit to the Director of the Office of Management and Budget (OMB
Director) a plan to carry out the review required by subsection (a) of this
section. The plans shall also be sent to the Vice President, the Assistant
to the President for Economic Policy, the Assistant to the President for
Domestic Policy, and the Chair of the Council on Environmental Quality.
The head of any agency who determines that such agency does not have
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agency actions described in subsection (a) of this section shall submit to
the OMB Director a written statement to that effect and, absent a determina-
tion by the OMB Director that such agency does have agency actions de-
scribed in subsection (a) of this section, shall have no further responsibilities
under this section.
(d) Within 120 days of the date of this order, the head of each agency
shall submit a draft final report detailing the agency actions described in
subsection (a) of this section to the Vice President, the OMB Director,
the Assistant to the President for Economic Policy, the Assistant to the
President for Domestic Policy, and the Chair of the Council on Environmental
Quality. The report shall include specific recommendations that, to the
extent permitted by law, could alleviate or eliminate aspects of agency
actions that burden domestic energy production.
(e) The report shall be finalized within 180 days of the date of this
order, unless the OMB Director, in consultation with the other officials
who receive the draft final reports, extends that deadline.
(f) The OMB Director, in consultation with the Assistant to the President
for Economic Policy, shall be responsible for coordinating the recommended
actions included in the agency final reports within the Executive Office
of the President.
(g) With respect to any agency action for which specific recommendations
are made in a final report pursuant to subsection (e) of this section, the
head of the relevant agency shall, as soon as practicable, suspend, revise,
or rescind, or publish for notice and comment proposed rules suspending,
revising, or rescinding, those actions, as appropriate and consistent with
law. Agencies shall endeavor to coordinate such regulatory reforms with
their activities undertaken in compliance with Executive Order 13771 of
January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs).
Sec. 3. Rescission of Certain Energy and Climate-Related Presidential and
Regulatory Actions. (a) The following Presidential actions are hereby revoked:
(i) Executive Order 13653 of November 1, 2013 (Preparing the United
States for the Impacts of Climate Change);
(ii) The Presidential Memorandum of June 25, 2013 (Power Sector Carbon
Pollution Standards);
(iii) The Presidential Memorandum of November 3, 2015 (Mitigating Im-
pacts on Natural Resources from Development and Encouraging Related
Private Investment); and
(iv) The Presidential Memorandum of September 21, 2016 (Climate Change
and National Security).
(b) The following reports shall be rescinded:
(i) The Report of the Executive Office of the President of June 2013
(The President’s Climate Action Plan); and
(ii) The Report of the Executive Office of the President of March 2014
(Climate Action Plan Strategy to Reduce Methane Emissions).
(c) The Council on Environmental Quality shall rescind its final guidance
entitled ‘‘Final Guidance for Federal Departments and Agencies on Consider-
ation of Greenhouse Gas Emissions and the Effects of Climate Change in
National Environmental Policy Act Reviews,’’ which is referred to in ‘‘Notice
of Availability,’’ 81 Fed. Reg. 51866 (August 5, 2016).
(d) The heads of all agencies shall identify existing agency actions related
to or arising from the Presidential actions listed in subsection (a) of this
section, the reports listed in subsection (b) of this section, or the final
guidance listed in subsection (c) of this section. Each agency shall, as soon
as practicable, suspend, revise, or rescind, or publish for notice and comment
proposed rules suspending, revising, or rescinding any such actions, as
appropriate and consistent with law and with the policies set forth in
section 1 of this order.
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Sec. 4. Review of the Environmental Protection Agency’s ‘‘Clean Power Plan’’
and Related Rules and Agency Actions. (a) The Administrator of the Environ-
mental Protection Agency (Administrator) shall immediately take all steps
necessary to review the final rules set forth in subsections (b)(i) and (b)(ii)
of this section, and any rules and guidance issued pursuant to them, for
consistency with the policy set forth in section 1 of this order and, if
appropriate, shall, as soon as practicable, suspend, revise, or rescind the
guidance, or publish for notice and comment proposed rules suspending,
revising, or rescinding those rules. In addition, the Administrator shall imme-
diately take all steps necessary to review the proposed rule set forth in
subsection (b)(iii) of this section, and, if appropriate, shall, as soon as
practicable, determine whether to revise or withdraw the proposed rule.
(b) This section applies to the following final or proposed rules:
(i) The final rule entitled ‘‘Carbon Pollution Emission Guidelines for Exist-
ing Stationary Sources: Electric Utility Generating Units,’’ 80 Fed. Reg.
64661 (October 23, 2015) (Clean Power Plan);
(ii) The final rule entitled ‘‘Standards of Performance for Greenhouse
Gas Emissions from New, Modified, and Reconstructed Stationary Sources:
Electric Utility Generating Units,’’ 80 Fed. Reg. 64509 (October 23, 2015);
and
(iii) The proposed rule entitled ‘‘Federal Plan Requirements for Greenhouse
Gas Emissions From Electric Utility Generating Units Constructed on or
Before January 8, 2014; Model Trading Rules; Amendments to Framework
Regulations; Proposed Rule,’’ 80 Fed. Reg. 64966 (October 23, 2015).
(c) The Administrator shall review and, if appropriate, as soon as prac-
ticable, take lawful action to suspend, revise, or rescind, as appropriate
and consistent with law, the ‘‘Legal Memorandum Accompanying Clean
Power Plan for Certain Issues,’’ which was published in conjunction with
the Clean Power Plan.
(d) The Administrator shall promptly notify the Attorney General of any
actions taken by the Administrator pursuant to this order related to the
rules identified in subsection (b) of this section so that the Attorney General
may, as appropriate, provide notice of this order and any such action to
any court with jurisdiction over pending litigation related to those rules,
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 administrative actions de-
scribed in subsection (a) of this section.
Sec. 5. Review of Estimates of the Social Cost of Carbon, Nitrous Oxide,
and Methane for Regulatory Impact Analysis. (a) In order to ensure sound
regulatory decision making, it is essential that agencies use estimates of
costs and benefits in their regulatory analyses that are based on the best
available science and economics.
(b) The Interagency Working Group on Social Cost of Greenhouse Gases
(IWG), which was convened by the Council of Economic Advisers and
the OMB Director, shall be disbanded, and the following documents issued
by the IWG shall be withdrawn as no longer representative of governmental
policy:
(i) Technical Support Document: Social Cost of Carbon for Regulatory
Impact Analysis Under Executive Order 12866 (February 2010);
(ii) Technical Update of the Social Cost of Carbon for Regulatory Impact
Analysis (May 2013);
(iii) Technical Update of the Social Cost of Carbon for Regulatory Impact
Analysis (November 2013);
(iv) Technical Update of the Social Cost of Carbon for Regulatory Impact
Analysis (July 2015);
(v) Addendum to the Technical Support Document for Social Cost of
Carbon: Application of the Methodology to Estimate the Social Cost of
Methane and the Social Cost of Nitrous Oxide (August 2016); and
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(vi) Technical Update of the Social Cost of Carbon for Regulatory Impact
Analysis (August 2016).
(c) Effective immediately, when monetizing the value of changes in green-
house gas emissions resulting from regulations, including with respect to
the consideration of domestic versus international impacts and the consider-
ation of appropriate discount rates, agencies shall ensure, to the extent
permitted by law, that any such estimates are consistent with the guidance
contained in OMB Circular A–4 of September 17, 2003 (Regulatory Analysis),
which was issued after peer review and public comment and has been
widely accepted for more than a decade as embodying the best practices
for conducting regulatory cost-benefit analysis.
Sec. 6. Federal Land Coal Leasing Moratorium. The Secretary of the Interior
shall take all steps necessary and appropriate to amend or withdraw Sec-
retary’s Order 3338 dated January 15, 2016 (Discretionary Programmatic
Environmental Impact Statement (PEIS) to Modernize the Federal Coal Pro-
gram), and to lift any and all moratoria on Federal land coal leasing activities
related to Order 3338. The Secretary shall commence Federal coal leasing
activities consistent with all applicable laws and regulations.
Sec. 7. Review of Regulations Related to United States Oil and Gas Develop-
ment. (a) The Administrator shall review the final rule entitled ‘‘Oil and
Natural Gas Sector: Emission Standards for New, Reconstructed, and Modi-
fied Sources,’’ 81 Fed. Reg. 35824 (June 3, 2016), and any rules and guidance
issued pursuant to it, for consistency with the policy set forth in section
1 of this order and, if appropriate, shall, as soon as practicable, suspend,
revise, or rescind the guidance, or publish for notice and comment proposed
rules suspending, revising, or rescinding those rules.
(b) The Secretary of the Interior shall review the following final rules,
and any rules and guidance issued pursuant to them, for consistency with
the policy set forth in section 1 of this order and, if appropriate, shall,
as soon as practicable, suspend, revise, or rescind the guidance, or publish
for notice and comment proposed rules suspending, revising, or rescinding
those rules:
(i) The final rule entitled ‘‘Oil and Gas; Hydraulic Fracturing on Federal
and Indian Lands,’’ 80 Fed. Reg. 16128 (March 26, 2015);
(ii) The final rule entitled ‘‘General Provisions and Non-Federal Oil and
Gas Rights,’’ 81 Fed. Reg. 77972 (November 4, 2016);
(iii) The final rule entitled ‘‘Management of Non-Federal Oil and Gas
Rights,’’ 81 Fed. Reg. 79948 (November 14, 2016); and
(iv) The final rule entitled ‘‘Waste Prevention, Production Subject to Royal-
ties, and Resource Conservation,’’ 81 Fed. Reg. 83008 (November 18, 2016).
(c) The Administrator or the Secretary of the Interior, as applicable, shall
promptly notify the Attorney General of any actions taken by them related
to the rules identified in subsections (a) and (b) of this section so that
the Attorney General may, as appropriate, provide notice of this order and
any such action to any court with jurisdiction over pending litigation related
to those rules, 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, until the completion of the administrative
actions described in subsections (a) and (b) of this section.
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.
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(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 28, 2017.
[FR Doc. 2017–06576
Filed 3–30–17; 11:15 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-06382 (13782) | Presidential Documents
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Federal Register
Vol. 82, No. 60
Thursday, March 30, 2017
Title 3—
The President
Executive Order 13782 of March 27, 2017
Revocation of Federal Contracting Executive Orders
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. Executive Order 13673 of July 31, 2014, section
3 of Executive Order 13683 of December 11, 2014, and Executive Order
13738 of August 23, 2016, are revoked.
Sec. 2. Reconsideration of Existing Rules. All executive departments and
agencies shall, as appropriate and to the extent consistent with law, consider
promptly rescinding any orders, rules, regulations, guidance, guidelines,
or policies implementing or enforcing the revoked Executive Orders and
revoked provision listed 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.
(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 27, 2017.
[FR Doc. 2017–06382
Filed 3–29–17; 8:45 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-06971 (13787) | Presidential Documents
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Executive Order 13787 of March 31, 2017
Providing an Order of Succession Within the Department of
Justice
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, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2 of
this order, the following officers, in the order listed, shall act as and perform
the functions and duties of the office of Attorney General during any period
in which the Attorney General, the Deputy Attorney General, the Associate
Attorney General, and any officers designated by the Attorney General pursu-
ant to 28 U.S.C. 508 to act as Attorney General, have died, resigned, or
otherwise become unable to perform the functions and duties of the office
of Attorney General, until such time as at least one of the officers mentioned
above is able to perform the functions and duties of that office:
(a) United States Attorney for the Eastern District of Virginia;
(b) United States Attorney for the Eastern District of North Carolina; and
(c) United States Attorney for the Northern District of Texas.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1 of this order in an acting capacity, by virtue of so serving,
shall act as Attorney General pursuant to this order.
(b) No individual listed in section 1 shall act as Attorney General unless
that individual is otherwise eligible to so serve under the Federal Vacancies
Reform Act of 1998.
(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 Attorney General.
Sec. 3. Revocation of Executive Order. Executive Order 13775 of February
9, 2017, is revoked.
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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,
March 31, 2017.
[FR Doc. 2017–06971
Filed 4–4–17; 11:15 am]
Billing code 3295–F7–P
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Presidential Executive Order | 2017-05399 (13781) | Presidential Documents
13959
Federal Register
Vol. 82, No. 50
Thursday, March 16, 2017
Title 3—
The President
Executive Order 13781 of March 13, 2017
Comprehensive Plan for Reorganizing the Executive Branch
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. This order is intended to improve the efficiency, effective-
ness, and accountability of the executive branch by directing the Director
of the Office of Management and Budget (Director) to propose a plan to
reorganize governmental functions and eliminate unnecessary agencies (as
defined in section 551(1) of title 5, United States Code), components of
agencies, and agency programs.
Sec. 2. Proposed Plan to Improve the Efficiency, Effectiveness, and Account-
ability of Federal Agencies, Including, as Appropriate, to Eliminate or Reorga-
nize Unnecessary or Redundant Federal Agencies. (a) Within 180 days of
the date of this order, the head of each agency shall submit to the Director
a proposed plan to reorganize the agency, if appropriate, in order to improve
the efficiency, effectiveness, and accountability of that agency.
(b) The Director shall publish a notice in the Federal Register inviting
the public to suggest improvements in the organization and functioning
of the executive branch and shall consider the suggestions when formulating
the proposed plan described in subsection (c) of this section.
(c) Within 180 days after the closing date for the submission of suggestions
pursuant to subsection (b) of this section, the Director shall submit to the
President a proposed plan to reorganize the executive branch in order to
improve the efficiency, effectiveness, and accountability of agencies. The
proposed plan shall include, as appropriate, recommendations to eliminate
unnecessary agencies, components of agencies, and agency programs, and
to merge functions. The proposed plan shall include recommendations for
any legislation or administrative measures necessary to achieve the proposed
reorganization.
(d) In developing the proposed plan described in subsection (c) of this
section, the Director shall consider, in addition to any other relevant factors:
(i) whether some or all of the functions of an agency, a component,
or a program are appropriate for the Federal Government or would be
better left to State or local governments or to the private sector through
free enterprise;
(ii) whether some or all of the functions of an agency, a component,
or a program are redundant, including with those of another agency,
component, or program;
(iii) whether certain administrative capabilities necessary for operating
an agency, a component, or a program are redundant with those of another
agency, component, or program;
(iv) whether the costs of continuing to operate an agency, a component,
or a program are justified by the public benefits it provides; and
(v) the costs of shutting down or merging agencies, components, or pro-
grams, including the costs of addressing the equities of affected agency
staff.
(e) In developing the proposed plan described in subsection (c) of this
section, the Director shall consult with the head of each agency and, con-
sistent with applicable law, with persons or entities outside the Federal
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Government with relevant expertise in organizational structure and manage-
ment.
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 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 13, 2017.
[FR Doc. 2017–05399
Filed 3–15–17; 8:45 am]
Billing code 3295–F7–P
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| Comprehensive Plan for Reorganizing the Executive Branch | 2017-03-13T00:00:00 | 504424ba3d849c73908f289dace4c4dec272e48b6110144292c2e214a776bef7 |
Presidential Executive Order | 2017-04837 (13780) | Presidential Documents
13209
Federal Register
Vol. 82, No. 45
Thursday, March 9, 2017
Title 3—
The President
Executive Order 13780 of March 6, 2017
Protecting the Nation From Foreign Terrorist Entry Into the
United States
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., and section 301 of title 3, United
States Code, and to protect the Nation from terrorist activities by foreign
nationals admitted to the United States, it is hereby ordered as follows:
Section 1. Policy and Purpose. (a) It is the policy of the United States
to protect its citizens from terrorist attacks, including those committed by
foreign nationals. The screening and vetting protocols and procedures associ-
ated with the visa-issuance process and the United States Refugee Admissions
Program (USRAP) play a crucial role in detecting foreign nationals who
may commit, aid, or support acts of terrorism and in preventing those
individuals from entering the United States. It is therefore the policy of
the United States to improve the screening and vetting protocols and proce-
dures associated with the visa-issuance process and the USRAP.
(b) On January 27, 2017, to implement this policy, I issued Executive
Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the
United States).
(i) Among other actions, Executive Order 13769 suspended for 90 days
the entry of certain aliens from seven countries: Iran, Iraq, Libya, Somalia,
Sudan, Syria, and Yemen. These are countries that had already been
identified as presenting heightened concerns about terrorism and travel
to the United States. Specifically, the suspension applied to countries
referred to in, or designated under, section 217(a)(12) of the INA, 8 U.S.C.
1187(a)(12), in which Congress restricted use of the Visa Waiver Program
for nationals of, and aliens recently present in, (A) Iraq or Syria, (B)
any country designated by the Secretary of State as a state sponsor of
terrorism (currently Iran, Syria, and Sudan), and (C) any other country
designated as a country of concern by the Secretary of Homeland Security,
in consultation with the Secretary of State and the Director of National
Intelligence. In 2016, the Secretary of Homeland Security designated Libya,
Somalia, and Yemen as additional countries of concern for travel purposes,
based on consideration of three statutory factors related to terrorism and
national security: ‘‘(I) whether the presence of an alien in the country
or area increases the likelihood that the alien is a credible threat to
the national security of the United States; (II) whether a foreign terrorist
organization has a significant presence in the country or area; and (III)
whether the country or area is a safe haven for terrorists.’’ 8 U.S.C.
1187(a)(12)(D)(ii). Additionally, Members of Congress have expressed con-
cerns about screening and vetting procedures following recent terrorist
attacks in this country and in Europe.
(ii) In ordering the temporary suspension of entry described in subsection
(b)(i) of this section, I exercised my authority under Article II of the
Constitution and under section 212(f) of the INA, which provides in
relevant part: ‘‘Whenever the President finds that the entry of any aliens
or of any class of aliens into the United States would be detrimental
to the interests of the United States, he may by proclamation, and for
such period as he shall deem necessary, suspend the entry of all aliens
or any class of aliens as immigrants or nonimmigrants, or impose on
the entry of aliens any restrictions he may deem to be appropriate.’’
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8 U.S.C. 1182(f). Under these authorities, I determined that, for a brief
period of 90 days, while existing screening and vetting procedures were
under review, the entry into the United States of certain aliens from
the seven identified countries—each afflicted by terrorism in a manner
that compromised the ability of the United States to rely on normal
decision-making procedures about travel to the United States—would be
detrimental to the interests of the United States. Nonetheless, I permitted
the Secretary of State and the Secretary of Homeland Security to grant
case-by-case waivers when they determined that it was in the national
interest to do so.
(iii) Executive Order 13769 also suspended the USRAP for 120 days.
Terrorist groups have sought to infiltrate several nations through refugee
programs. Accordingly, I temporarily suspended the USRAP pending a
review of our procedures for screening and vetting refugees. Nonetheless,
I permitted the Secretary of State and the Secretary of Homeland Security
to jointly grant case-by-case waivers when they determined that it was
in the national interest to do so.
(iv) Executive Order 13769 did not provide a basis for discriminating
for or against members of any particular religion. While that order allowed
for prioritization of refugee claims from members of persecuted religious
minority groups, that priority applied to refugees from every nation, includ-
ing those in which Islam is a minority religion, and it applied to minority
sects within a religion. That order was not motivated by animus toward
any religion, but was instead intended to protect the ability of religious
minorities—whoever they are and wherever they reside—to avail them-
selves of the USRAP in light of their particular challenges and cir-
cumstances.
(c) The implementation of Executive Order 13769 has been delayed by
litigation. Most significantly, enforcement of critical provisions of that order
has been temporarily halted by court orders that apply nationwide and
extend even to foreign nationals with no prior or substantial connection
to the United States. On February 9, 2017, the United States Court of
Appeals for the Ninth Circuit declined to stay or narrow one such order
pending the outcome of further judicial proceedings, while noting that the
‘‘political branches are far better equipped to make appropriate distinctions’’
about who should be covered by a suspension of entry or of refugee admis-
sions.
(d) Nationals from the countries previously identified under section
217(a)(12) of the INA warrant additional scrutiny in connection with our
immigration policies because the conditions in these countries present height-
ened threats. Each of these countries is a state sponsor of terrorism, has
been significantly compromised by terrorist organizations, or contains active
conflict zones. Any of these circumstances diminishes the foreign govern-
ment’s willingness or ability to share or validate important information
about individuals seeking to travel to the United States. Moreover, the signifi-
cant presence in each of these countries of terrorist organizations, their
members, and others exposed to those organizations increases the chance
that conditions will be exploited to enable terrorist operatives or sympathizers
to travel to the United States. Finally, once foreign nationals from these
countries are admitted to the United States, it is often difficult to remove
them, because many of these countries typically delay issuing, or refuse
to issue, travel documents.
(e) The following are brief descriptions, taken in part from the Department
of State’s Country Reports on Terrorism 2015 (June 2016), of some of the
conditions in six of the previously designated countries that demonstrate
why their nationals continue to present heightened risks to the security
of the United States:
(i) Iran. Iran has been designated as a state sponsor of terrorism since
1984 and continues to support various terrorist groups, including Hizballah,
Hamas, and terrorist groups in Iraq. Iran has also been linked to support
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for al-Qa’ida and has permitted al-Qa’ida to transport funds and fighters
through Iran to Syria and South Asia. Iran does not cooperate with the
United States in counterterrorism efforts.
(ii) Libya. Libya is an active combat zone, with hostilities between the
internationally recognized government and its rivals. In many parts of
the country, security and law enforcement functions are provided by armed
militias rather than state institutions. Violent extremist groups, including
the Islamic State of Iraq and Syria (ISIS), have exploited these conditions
to expand their presence in the country. The Libyan government provides
some cooperation with the United States’ counterterrorism efforts, but
it is unable to secure thousands of miles of its land and maritime borders,
enabling the illicit flow of weapons, migrants, and foreign terrorist fighters.
The United States Embassy in Libya suspended its operations in 2014.
(iii) Somalia. Portions of Somalia have been terrorist safe havens. Al-
Shabaab, an al-Qa’ida-affiliated terrorist group, has operated in the country
for years and continues to plan and mount operations within Somalia
and in neighboring countries. Somalia has porous borders, and most coun-
tries do not recognize Somali identity documents. The Somali government
cooperates with the United States in some counterterrorism operations
but does not have the capacity to sustain military pressure on or to
investigate suspected terrorists.
(iv) Sudan. Sudan has been designated as a state sponsor of terrorism
since 1993 because of its support for international terrorist groups, includ-
ing Hizballah and Hamas. Historically, Sudan provided safe havens for
al-Qa’ida and other terrorist groups to meet and train. Although Sudan’s
support to al-Qa’ida has ceased and it provides some cooperation with
the United States’ counterterrorism efforts, elements of core al-Qa’ida and
ISIS-linked terrorist groups remain active in the country.
(v) Syria. Syria has been designated as a state sponsor of terrorism since
1979. The Syrian government is engaged in an ongoing military conflict
against ISIS and others for control of portions of the country. At the
same time, Syria continues to support other terrorist groups. It has allowed
or encouraged extremists to pass through its territory to enter Iraq. ISIS
continues to attract foreign fighters to Syria and to use its base in Syria
to plot or encourage attacks around the globe, including in the United
States. The United States Embassy in Syria suspended its operations in
2012. Syria does not cooperate with the United States’ counterterrorism
efforts.
(vi) Yemen. Yemen is the site of an ongoing conflict between the incumbent
government and the Houthi-led opposition. Both ISIS and a second group,
al-Qa’ida in the Arabian Peninsula (AQAP), have exploited this conflict
to expand their presence in Yemen and to carry out hundreds of attacks.
Weapons and other materials smuggled across Yemen’s porous borders
are used to finance AQAP and other terrorist activities. In 2015, the
United States Embassy in Yemen suspended its operations, and embassy
staff were relocated out of the country. Yemen has been supportive of,
but has not been able to cooperate fully with, the United States in counter-
terrorism efforts.
(f) In light of the conditions in these six countries, until the assessment
of current screening and vetting procedures required by section 2 of this
order is completed, the risk of erroneously permitting entry of a national
of one of these countries who intends to commit terrorist acts or otherwise
harm the national security of the United States is unacceptably high. Accord-
ingly, while that assessment is ongoing, I am imposing a temporary pause
on the entry of nationals from Iran, Libya, Somalia, Sudan, Syria, and
Yemen, subject to categorical exceptions and case-by-case waivers, as de-
scribed in section 3 of this order.
(g) Iraq presents a special case. Portions of Iraq remain active combat
zones. Since 2014, ISIS has had dominant influence over significant territory
in northern and central Iraq. Although that influence has been significantly
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reduced due to the efforts and sacrifices of the Iraqi government and armed
forces, working along with a United States-led coalition, the ongoing conflict
has impacted the Iraqi government’s capacity to secure its borders and
to identify fraudulent travel documents. Nevertheless, the close cooperative
relationship between the United States and the democratically elected Iraqi
government, the strong United States diplomatic presence in Iraq, the signifi-
cant presence of United States forces in Iraq, and Iraq’s commitment to
combat ISIS justify different treatment for Iraq. In particular, those Iraqi
government forces that have fought to regain more than half of the territory
previously dominated by ISIS have shown steadfast determination and earned
enduring respect as they battle an armed group that is the common enemy
of Iraq and the United States. In addition, since Executive Order 13769
was issued, the Iraqi government has expressly undertaken steps to enhance
travel documentation, information sharing, and the return of Iraqi nationals
subject to final orders of removal. Decisions about issuance of visas or
granting admission to Iraqi nationals should be subjected to additional scru-
tiny to determine if applicants have connections with ISIS or other terrorist
organizations, or otherwise pose a risk to either national security or public
safety.
(h) Recent history shows that some of those who have entered the United
States through our immigration system have proved to be threats to our
national security. Since 2001, hundreds of persons born abroad have been
convicted of terrorism-related crimes in the United States. They have in-
cluded not just persons who came here legally on visas but also individuals
who first entered the country as refugees. For example, in January 2013,
two Iraqi nationals admitted to the United States as refugees in 2009 were
sentenced to 40 years and to life in prison, respectively, for multiple ter-
rorism-related offenses. And in October 2014, a native of Somalia who
had been brought to the United States as a child refugee and later became
a naturalized United States citizen was sentenced to 30 years in prison
for attempting to use a weapon of mass destruction as part of a plot to
detonate a bomb at a crowded Christmas-tree-lighting ceremony in Portland,
Oregon. The Attorney General has reported to me that more than 300 persons
who entered the United States as refugees are currently the subjects of
counterterrorism investigations by the Federal Bureau of Investigation.
(i) Given the foregoing, the entry into the United States of foreign nationals
who may commit, aid, or support acts of terrorism remains a matter of
grave concern. In light of the Ninth Circuit’s observation that the political
branches are better suited to determine the appropriate scope of any suspen-
sions than are the courts, and in order to avoid spending additional time
pursuing litigation, I am revoking Executive Order 13769 and replacing
it with this order, which expressly excludes from the suspensions categories
of aliens that have prompted judicial concerns and which clarifies or refines
the approach to certain other issues or categories of affected aliens.
Sec. 2. Temporary Suspension of Entry for Nationals of Countries of Particular
Concern During Review Period. (a) The Secretary of Homeland Security,
in consultation with the Secretary of State and the Director of National
Intelligence, shall conduct a worldwide review to identify whether, and
if so what, additional information will be needed from each foreign country
to adjudicate an application by a national of that country for a visa, admis-
sion, or other benefit under the INA (adjudications) in order to determine
that the individual is not a security or public-safety threat. The Secretary
of Homeland Security may conclude that certain information is needed
from particular countries even if it is not needed from every country.
(b) The Secretary of Homeland Security, in consultation with the Secretary
of State and the Director of National Intelligence, shall submit to the President
a report on the results of the worldwide review described in subsection
(a) of this section, including the Secretary of Homeland Security’s determina-
tion of the information needed from each country for adjudications and
a list of countries that do not provide adequate information, within 20
days of the effective date of this order. The Secretary of Homeland Security
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shall provide a copy of the report to the Secretary of State, the Attorney
General, and the Director of National Intelligence.
(c) To temporarily reduce investigative burdens on relevant agencies during
the review period described in subsection (a) of this section, to ensure
the proper review and maximum utilization of available resources for the
screening and vetting of foreign nationals, to ensure that adequate standards
are established to prevent infiltration by foreign terrorists, and in light
of the national security concerns referenced in section 1 of this order,
I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA, 8
U.S.C. 1182(f) and 1185(a), that the unrestricted entry into the United States
of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen would be
detrimental to the interests of the United States. I therefore direct that
the entry into the United States of nationals of those six countries be
suspended for 90 days from the effective date of this order, subject to
the limitations, waivers, and exceptions set forth in sections 3 and 12
of this order.
(d) Upon submission of the report described in subsection (b) of this
section regarding the information needed from each country for adjudications,
the Secretary of State shall request that all foreign governments that do
not supply such information regarding their nationals begin providing it
within 50 days of notification.
(e) After the period described in subsection (d) of this section expires,
the Secretary of Homeland Security, in consultation with the Secretary of
State and the Attorney General, shall submit to the President a list of
countries recommended for inclusion in a Presidential proclamation that
would prohibit the entry of appropriate categories of foreign nationals of
countries that have not provided the information requested until they do
so or until the Secretary of Homeland Security certifies that the country
has an adequate plan to do so, or has adequately shared information through
other means. The Secretary of State, the Attorney General, or the Secretary
of Homeland Security may also submit to the President the names of addi-
tional countries for which any of them recommends other lawful restrictions
or limitations deemed necessary for the security or welfare of the United
States.
(f) At any point after the submission of the list described in subsection
(e) of this section, the Secretary of Homeland Security, in consultation
with the Secretary of State and the Attorney General, may submit to the
President the names of any additional countries recommended for similar
treatment, as well as the names of any countries that they recommend
should be removed from the scope of a proclamation described in subsection
(e) of this section.
(g) The Secretary of State and the Secretary of Homeland Security shall
submit to the President a joint report on the progress in implementing
this order within 60 days of the effective date of this order, a second
report within 90 days of the effective date of this order, a third report
within 120 days of the effective date of this order, and a fourth report
within 150 days of the effective date of this order.
Sec. 3. Scope and Implementation of Suspension.
(a) Scope. Subject to the exceptions set forth in subsection (b) of this
section and any waiver under subsection (c) of this section, the suspension
of entry pursuant to section 2 of this order shall apply only to foreign
nationals of the designated countries who:
(i) are outside the United States on the effective date of this order;
(ii) did not have a valid visa at 5:00 p.m., eastern standard time on
January 27, 2017; and
(iii) do not have a valid visa on the effective date of this order.
(b) Exceptions. The suspension of entry pursuant to section 2 of this
order shall not apply to:
(i) any lawful permanent resident of the United States;
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(ii) any foreign national who is admitted to or paroled into the United
States on or after the effective date of this order;
(iii) any foreign national who has a document other than a visa, valid
on the effective date of this order or issued on any date thereafter, that
permits him or her to travel to the United States and seek entry or
admission, such as an advance parole document;
(iv) any dual national of a country designated under section 2 of this
order when the individual is traveling on a passport issued by a non-
designated country;
(v) any foreign national traveling on a diplomatic or diplomatic-type visa,
North Atlantic Treaty Organization visa, C–2 visa for travel to the United
Nations, or G–1, G–2, G–3, or G–4 visa; or
(vi) any foreign national who has been granted asylum; any refugee who
has already been admitted to the United States; or any individual who
has been granted withholding of removal, advance parole, or protection
under the Convention Against Torture.
(c) Waivers. Notwithstanding the suspension of entry pursuant to section
2 of this order, a consular officer, or, as appropriate, the Commissioner,
U.S. Customs and Border Protection (CBP), or the Commissioner’s delegee,
may, in the consular officer’s or the CBP official’s discretion, decide on
a case-by-case basis to authorize the issuance of a visa to, or to permit
the entry of, a foreign national for whom entry is otherwise suspended
if the foreign national has demonstrated to the officer’s satisfaction that
denying entry during the suspension period would cause undue hardship,
and that his or her entry would not pose a threat to national security
and would be in the national interest. Unless otherwise specified by the
Secretary of Homeland Security, any waiver issued by a consular officer
as part of the visa issuance process will be effective both for the issuance
of a visa and any subsequent entry on that visa, but will leave all other
requirements for admission or entry unchanged. Case-by-case waivers could
be appropriate in circumstances such as the following:
(i) the foreign national has previously been admitted to the United States
for a continuous period of work, study, or other long-term activity, is
outside the United States on the effective date of this order, seeks to
reenter the United States to resume that activity, and the denial of reentry
during the suspension period would impair that activity;
(ii) the foreign national has previously established significant contacts
with the United States but is outside the United States on the effective
date of this order for work, study, or other lawful activity;
(iii) the foreign national seeks to enter the United States for significant
business or professional obligations and the denial of entry during the
suspension period would impair those obligations;
(iv) the foreign national seeks to enter the United States to visit or reside
with a close family member (e.g., a spouse, child, or parent) who is
a United States citizen, lawful permanent resident, or alien lawfully admit-
ted on a valid nonimmigrant visa, and the denial of entry during the
suspension period would cause undue hardship;
(v) the foreign national is an infant, a young child or adoptee, an individual
needing urgent medical care, or someone whose entry is otherwise justified
by the special circumstances of the case;
(vi) the foreign national has been employed by, or on behalf of, the
United States Government (or is an eligible dependent of such an employee)
and the employee can document that he or she has provided faithful
and valuable service to the United States Government;
(vii) the foreign national is traveling for purposes related to an international
organization designated under the International Organizations Immunities
Act (IOIA), 22 U.S.C. 288 et seq., traveling for purposes of conducting
meetings or business with the United States Government, or traveling
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to conduct business on behalf of an international organization not des-
ignated under the IOIA;
(viii) the foreign national is a landed Canadian immigrant who applies
for a visa at a location within Canada; or
(ix) the foreign national is traveling as a United States Government-spon-
sored exchange visitor.
Sec. 4. Additional Inquiries Related to Nationals of Iraq. An application
by any Iraqi national for a visa, admission, or other immigration benefit
should be subjected to thorough review, including, as appropriate, consulta-
tion with a designee of the Secretary of Defense and use of the additional
information that has been obtained in the context of the close U.S.-Iraqi
security partnership, since Executive Order 13769 was issued, concerning
individuals suspected of ties to ISIS or other terrorist organizations and
individuals coming from territories controlled or formerly controlled by
ISIS. Such review shall include consideration of whether the applicant has
connections with ISIS or other terrorist organizations or with territory that
is or has been under the dominant influence of ISIS, as well as any other
information bearing on whether the applicant may be a threat to commit
acts of terrorism or otherwise threaten the national security or public safety
of the United States.
Sec. 5. Implementing Uniform Screening and Vetting Standards for All Immi-
gration Programs. (a) The Secretary of State, the Attorney General, the Sec-
retary of Homeland Security, and the Director of National Intelligence shall
implement a program, as part of the process for adjudications, to identify
individuals who seek to enter the United States on a fraudulent basis,
who support terrorism, violent extremism, acts of violence toward any group
or class of people within the United States, or who present a risk of causing
harm subsequent to their entry. This program shall include the development
of a uniform baseline for screening and vetting standards and procedures,
such as in-person interviews; a database of identity documents proffered
by applicants to ensure that duplicate documents are not used by multiple
applicants; amended application forms that include questions aimed at identi-
fying fraudulent answers and malicious intent; a mechanism to ensure that
applicants are who they claim to be; a mechanism to assess whether appli-
cants may commit, aid, or support any kind of violent, criminal, or terrorist
acts after entering the United States; and any other appropriate means for
ensuring the proper collection of all information necessary for a rigorous
evaluation of all grounds of inadmissibility or grounds for the denial of
other immigration benefits.
(b) The Secretary of Homeland Security, in conjunction with the Secretary
of State, the Attorney General, and the Director of National Intelligence,
shall submit to the President an initial report on the progress of the program
described in subsection (a) of this section within 60 days of the effective
date of this order, a second report within 100 days of the effective date
of this order, and a third report within 200 days of the effective date
of this order.
Sec. 6. Realignment of the U.S. Refugee Admissions Program for Fiscal
Year 2017. (a) The Secretary of State shall suspend travel of refugees into
the United States under the USRAP, and the Secretary of Homeland Security
shall suspend decisions on applications for refugee status, for 120 days
after the effective date of this order, subject to waivers pursuant to subsection
(c) of this section. During the 120-day period, the Secretary of State, in
conjunction with the Secretary of Homeland Security and in consultation
with the Director of National Intelligence, shall review the USRAP application
and adjudication processes to determine what additional procedures should
be used to ensure that individuals seeking admission as refugees do not
pose a threat to the security and welfare of the United States, and shall
implement such additional procedures. The suspension described in this
subsection shall not apply to refugee applicants who, before the effective
date of this order, have been formally scheduled for transit by the Department
of State. The Secretary of State shall resume travel of refugees into the
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United States under the USRAP 120 days after the effective date of this
order, and the Secretary of Homeland Security shall resume making decisions
on applications for refugee status only for stateless persons and nationals
of countries for which the Secretary of State, the Secretary of Homeland
Security, and the Director of National Intelligence have jointly determined
that the additional procedures implemented pursuant to this subsection
are adequate to ensure the security and welfare of the United States.
(b) Pursuant to section 212(f) of the INA, I hereby proclaim that the
entry of more than 50,000 refugees in fiscal year 2017 would be detrimental
to the interests of the United States, and thus suspend any entries in excess
of that number until such time as I determine that additional entries would
be in the national interest.
(c) Notwithstanding the temporary suspension imposed pursuant to sub-
section (a) of this section, the Secretary of State and the Secretary of Home-
land Security may jointly determine to admit individuals to the United
States as refugees on a case-by-case basis, in their discretion, but only
so long as they determine that the entry of such individuals as refugees
is in the national interest and does not pose a threat to the security or
welfare of the United States, including in circumstances such as the fol-
lowing: the individual’s entry would enable the United States to conform
its conduct to a preexisting international agreement or arrangement, or the
denial of entry would cause undue hardship.
(d) It is the policy of the executive branch that, to the extent permitted
by law and as practicable, State and local jurisdictions be granted a role
in the process of determining the placement or settlement in their jurisdic-
tions of aliens eligible to be admitted to the United States as refugees.
To that end, the Secretary of State shall examine existing law to determine
the extent to which, consistent with applicable law, State and local jurisdic-
tions may have greater involvement in the process of determining the place-
ment or resettlement of refugees in their jurisdictions, and shall devise
a proposal to lawfully promote such involvement.
Sec. 7. Rescission of Exercise of Authority Relating to the Terrorism Grounds
of Inadmissibility. The Secretary of State and the Secretary of Homeland
Security shall, in consultation with the Attorney General, consider rescinding
the exercises of authority permitted by section 212(d)(3)(B) of the INA,
8 U.S.C. 1182(d)(3)(B), relating to the terrorism grounds of inadmissibility,
as well as any related implementing directives or guidance.
Sec. 8. Expedited Completion of the Biometric Entry-Exit Tracking System.
(a) The Secretary of Homeland Security shall expedite the completion and
implementation of a biometric entry-exit tracking system for in-scope trav-
elers to the United States, as recommended by the National Commission
on Terrorist Attacks Upon the United States.
(b) The Secretary of Homeland Security shall submit to the President
periodic reports on the progress of the directive set forth in subsection
(a) of this section. The initial report shall be submitted within 100 days
of the effective date of this order, a second report shall be submitted within
200 days of the effective date of this order, and a third report shall be
submitted within 365 days of the effective date of this order. The Secretary
of Homeland Security shall submit further reports every 180 days thereafter
until the system is fully deployed and operational.
Sec. 9. Visa Interview Security. (a) The Secretary of State shall immediately
suspend the Visa Interview Waiver Program and ensure compliance with
section 222 of the INA, 8 U.S.C. 1202, which requires that all individuals
seeking a nonimmigrant visa undergo an in-person interview, subject to
specific statutory exceptions. This suspension shall not apply to any foreign
national traveling on a diplomatic or diplomatic-type visa, North Atlantic
Treaty Organization visa, C–2 visa for travel to the United Nations, or
G–1, G–2, G–3, or G–4 visa; traveling for purposes related to an international
organization designated under the IOIA; or traveling for purposes of con-
ducting meetings or business with the United States Government.
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(b) To the extent permitted by law and subject to the availability of
appropriations, the Secretary of State shall immediately expand the Consular
Fellows Program, including by substantially increasing the number of Fel-
lows, lengthening or making permanent the period of service, and making
language training at the Foreign Service Institute available to Fellows for
assignment to posts outside of their area of core linguistic ability, to ensure
that nonimmigrant visa-interview wait times are not unduly affected.
Sec. 10. Visa Validity Reciprocity. The Secretary of State shall review all
nonimmigrant visa reciprocity agreements and arrangements to ensure that
they are, with respect to each visa classification, truly reciprocal insofar
as practicable with respect to validity period and fees, as required by sections
221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment.
If another country does not treat United States nationals seeking non-
immigrant visas in a truly reciprocal manner, the Secretary of State shall
adjust the visa validity period, fee schedule, or other treatment to match
the treatment of United States nationals by that foreign country, to the
extent practicable.
Sec. 11. Transparency and Data Collection. (a) To be more transparent
with the American people and to implement more effectively policies and
practices that serve the national interest, the Secretary of Homeland Security,
in consultation with the Attorney General, shall, consistent with applicable
law and national security, collect and make publicly available the following
information:
(i) information regarding the number of foreign nationals in the United
States who have been charged with terrorism-related offenses while in
the United States; convicted of terrorism-related offenses while in the
United States; or removed from the United States based on terrorism-
related activity, affiliation with or provision of material support to a
terrorism-related organization, or any other national-security-related rea-
sons;
(ii) information regarding the number of foreign nationals in the United
States who have been radicalized after entry into the United States and
who have engaged in terrorism-related acts, or who have provided material
support to terrorism-related organizations in countries that pose a threat
to the United States;
(iii) information regarding the number and types of acts of gender-based
violence against women, including so-called ‘‘honor killings,’’ in the United
States by foreign nationals; and
(iv) any other information relevant to public safety and security as deter-
mined by the Secretary of Homeland Security or the Attorney General,
including information on the immigration status of foreign nationals
charged with major offenses.
(b) The Secretary of Homeland Security shall release the initial report
under subsection (a) of this section within 180 days of the effective date
of this order and shall include information for the period from September
11, 2001, until the date of the initial report. Subsequent reports shall be
issued every 180 days thereafter and reflect the period since the previous
report.
Sec. 12. Enforcement. (a) The Secretary of State and the Secretary of Home-
land Security shall consult with appropriate domestic and international
partners, including countries and organizations, to ensure efficient, effective,
and appropriate implementation of the actions directed in this order.
(b) In implementing this order, the Secretary of State and the Secretary
of Homeland Security shall comply with all applicable laws and regulations,
including, as appropriate, those providing an opportunity for individuals
to claim a fear of persecution or torture, such as the credible fear determina-
tion for aliens covered by section 235(b)(1)(A) of the INA, 8 U.S.C.
1225(b)(1)(A).
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(c) No immigrant or nonimmigrant visa issued before the effective date
of this order shall be revoked pursuant to this order.
(d) Any individual whose visa was marked revoked or marked canceled
as a result of Executive Order 13769 shall be entitled to a travel document
confirming that the individual is permitted to travel to the United States
and seek entry. Any prior cancellation or revocation of a visa that was
solely pursuant to Executive Order 13769 shall not be the basis of inadmis-
sibility for any future determination about entry or admissibility.
(e) This order shall not apply to an individual who has been granted
asylum, to a refugee who has already been admitted to the United States,
or to an individual granted withholding of removal or protection under
the Convention Against Torture. Nothing in this order shall be construed
to limit the ability of an individual to seek asylum, withholding of removal,
or protection under the Convention Against Torture, consistent with the
laws of the United States.
Sec. 13. Revocation. Executive Order 13769 of January 27, 2017, is revoked
as of the effective date of this order.
Sec. 14. Effective Date. This order is effective at 12:01 a.m., eastern daylight
time on March 16, 2017.
Sec. 15. Severability. (a) 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.
(b) If any provision of this order, or the application of any provision
to any person or circumstance, is held to be invalid because of the lack
of certain procedural requirements, the relevant executive branch officials
shall implement those procedural requirements.
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.
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(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 6, 2017.
[FR Doc. 2017–04837
Filed 3–8–17; 11:15 am]
Billing code 3295–F7–P
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| Protecting the Nation From Foreign Terrorist Entry Into the United States | 2017-03-06T00:00:00 | d4a5ecc2bf4509ab8c8c584e7a9e48fc21254dcee3d727393066f07b2496272b |
Presidential Executive Order | 2017-04353 (13778) | Presidential Documents
12497
Federal Register
Vol. 82, No. 41
Friday, March 3, 2017
Title 3—
The President
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
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 in the national interest to ensure that the Nation’s
navigable waters are kept free from pollution, while at the same time pro-
moting economic growth, minimizing regulatory uncertainty, and showing
due regard for the roles of the Congress and the States under the Constitution.
Sec. 2. Review of the Waters of the United States Rule. (a) The Administrator
of the Environmental Protection Agency (Administrator) and the Assistant
Secretary of the Army for Civil Works (Assistant Secretary) shall review
the final rule entitled ‘‘Clean Water Rule: Definition of ‘Waters of the United
States,’ ’’ 80 Fed. Reg. 37054 (June 29, 2015), for consistency with the policy
set forth in section 1 of this order and publish for notice and comment
a proposed rule rescinding or revising the rule, as appropriate and consistent
with law.
(b) The Administrator, the Assistant Secretary, and the heads of all execu-
tive departments and agencies shall review all orders, rules, regulations,
guidelines, or policies implementing or enforcing the final rule listed in
subsection (a) of this section for consistency with the policy set forth in
section 1 of this order and shall rescind or revise, or publish for notice
and comment proposed rules rescinding or revising, those issuances, as
appropriate and consistent with law and with any changes made as a result
of a rulemaking proceeding undertaken pursuant to subsection (a) of this
section.
(c) With respect to any litigation before the Federal courts related to
the final rule listed in subsection (a) of this section, the Administrator
and the Assistant Secretary shall promptly notify the Attorney General of
the pending review under subsection (b) of this section so that the Attorney
General may, as he deems appropriate, inform any court of such review
and take such measures as he deems appropriate concerning any such litiga-
tion pending the completion of further administrative proceedings related
to the rule.
Sec. 3. Definition of ‘‘Navigable Waters’’ in Future Rulemaking. In connection
with the proposed rule described in section 2(a) of this order, the Adminis-
trator and the Assistant Secretary shall consider interpreting the term ‘‘navi-
gable waters,’’ as defined in 33 U.S.C. 1362(7), in a manner consistent
with the opinion of Justice Antonin Scalia in Rapanos v. United States,
547 U.S. 715 (2006).
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.
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(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 28, 2017.
[FR Doc. 2017–04353
Filed 3–2–17; 11:15 am]
Billing code 3295–F7–P
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| Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule | 2017-02-28T00:00:00 | 1e5f8daeff59739b3cf029cb3d49882b646cb20b143325a17f82002a415f76a1 |
Presidential Executive Order | 2017-04107 (13777) | Presidential Documents
12285
Federal Register
Vol. 82, No. 39
Wednesday, March 1, 2017
Title 3—
The President
Executive Order 13777 of February 24, 2017
Enforcing the Regulatory Reform Agenda
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to lower regulatory
burdens on the American people by implementing and enforcing regulatory
reform, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to alleviate unnecessary
regulatory burdens placed on the American people.
Sec. 2. Regulatory Reform Officers. (a) Within 60 days of the date of this
order, the head of each agency, except the heads of agencies receiving
waivers under section 5 of this order, shall designate an agency official
as its Regulatory Reform Officer (RRO). Each RRO shall oversee the imple-
mentation of regulatory reform initiatives and policies to ensure that agencies
effectively carry out regulatory reforms, consistent with applicable law. These
initiatives and policies include:
(i) Executive Order 13771 of January 30, 2017 (Reducing Regulation and
Controlling Regulatory Costs), regarding offsetting the number and cost
of new regulations;
(ii) Executive Order 12866 of September 30, 1993 (Regulatory Planning
and Review), as amended, regarding regulatory planning and review;
(iii) section 6 of Executive Order 13563 of January 18, 2011 (Improving
Regulation and Regulatory Review), regarding retrospective review; and
(iv) the termination, consistent with applicable law, of programs and activi-
ties that derive from or implement Executive Orders, guidance documents,
policy memoranda, rule interpretations, and similar documents, or relevant
portions thereof, that have been rescinded.
(b) Each agency RRO shall periodically report to the agency head and
regularly consult with agency leadership.
Sec. 3. Regulatory Reform Task Forces. (a) Each agency shall establish a
Regulatory Reform Task Force composed of:
(i) the agency RRO;
(ii) the agency Regulatory Policy Officer designated under section 6(a)(2)
of Executive Order 12866;
(iii) a representative from the agency’s central policy office or equivalent
central office; and
(iv) for agencies listed in section 901(b)(1) of title 31, United States Code,
at least three additional senior agency officials as determined by the
agency head.
(b) Unless otherwise designated by the agency head, the agency RRO
shall chair the agency’s Regulatory Reform Task Force.
(c) Each entity staffed by officials of multiple agencies, such as the Chief
Acquisition Officers Council, shall form a joint Regulatory Reform Task
Force composed of at least one official described in subsection (a) of this
section from each constituent agency’s Regulatory Reform Task Force. Joint
Regulatory Reform Task Forces shall implement this order in coordination
with the Regulatory Reform Task Forces of their members’ respective agen-
cies.
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(d) Each Regulatory Reform Task Force shall evaluate existing regulations
(as defined in section 4 of Executive Order 13771) and make recommenda-
tions to the agency head regarding their repeal, replacement, or modification,
consistent with applicable law. At a minimum, each Regulatory Reform
Task Force shall attempt to identify regulations that:
(i) eliminate jobs, or inhibit job creation;
(ii) are outdated, unnecessary, or ineffective;
(iii) impose costs that exceed benefits;
(iv) create a serious inconsistency or otherwise interfere with regulatory
reform initiatives and policies;
(v) are inconsistent with the requirements of section 515 of the Treasury
and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note),
or the guidance issued pursuant to that provision, in particular those
regulations that rely in whole or in part on data, information, or methods
that are not publicly available or that are insufficiently transparent to
meet the standard for reproducibility; or
(vi) derive from or implement Executive Orders or other Presidential direc-
tives that have been subsequently rescinded or substantially modified.
(e) In performing the evaluation described in subsection (d) of this section,
each Regulatory Reform Task Force shall seek input and other assistance,
as permitted by law, from entities significantly affected by Federal regula-
tions, including State, local, and tribal governments, small businesses, con-
sumers, non-governmental organizations, and trade associations.
(f) When implementing the regulatory offsets required by Executive Order
13771, each agency head should prioritize, to the extent permitted by law,
those regulations that the agency’s Regulatory Reform Task Force has identi-
fied as being outdated, unnecessary, or ineffective pursuant to subsection
(d)(ii) of this section.
(g) Within 90 days of the date of this order, and on a schedule determined
by the agency head thereafter, each Regulatory Reform Task Force shall
provide a report to the agency head detailing the agency’s progress toward
the following goals:
(i) improving implementation of regulatory reform initiatives and policies
pursuant to section 2 of this order; and
(ii) identifying regulations for repeal, replacement, or modification.
Sec. 4. Accountability. Consistent with the policy set forth in section 1
of this order, each agency should measure its progress in performing the
tasks outlined in section 3 of this order.
(a) Agencies listed in section 901(b)(1) of title 31, United States Code,
shall incorporate in their annual performance plans (required under the
Government Performance and Results Act, as amended (see 31 U.S.C.
1115(b))), performance indicators that measure progress toward the two goals
listed in section 3(g) of this order. Within 60 days of the date of this
order, the Director of the Office of Management and Budget (Director) shall
issue guidance regarding the implementation of this subsection. Such guid-
ance may also address how agencies not otherwise covered under this sub-
section should be held accountable for compliance with this order.
(b) The head of each agency shall consider the progress toward the two
goals listed in section 3(g) of this order in assessing the performance of
the Regulatory Reform Task Force and, to the extent permitted by law,
those individuals responsible for developing and issuing agency regulations.
Sec. 5. Waiver. Upon the request of an agency head, the Director may
waive compliance with this order if the Director determines that the agency
generally issues very few or no regulations (as defined in section 4 of
Executive Order 13771). The Director may revoke a waiver at any time.
The Director shall publish, at least once every 3 months, a list of agencies
with current waivers.
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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 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 24, 2017.
[FR Doc. 2017–04107
Filed 2–28–17; 11:15 am]
Billing code 3295–F7–P
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| Enforcing the Regulatory Reform Agenda | 2017-02-24T00:00:00 | 7368d1939ae7964736baa5fe8db97d89a96e484f69270a09de2b754d22a89b9d |
Presidential Executive Order | 2017-03113 (13773) | Presidential Documents
10691
Federal Register
Vol. 82, No. 29
Tuesday, February 14, 2017
Title 3—
The President
Executive Order 13773 of February 9, 2017
Enforcing Federal Law With Respect to Transnational Crimi-
nal Organizations and Preventing International Trafficking
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. Transnational criminal organizations and subsidiary orga-
nizations, including transnational drug cartels, have spread throughout the
Nation, threatening the safety of the United States and its citizens. These
organizations derive revenue through widespread illegal conduct, including
acts of violence and abuse that exhibit a wanton disregard for human life.
They, for example, have been known to commit brutal murders, rapes,
and other barbaric acts.
These groups are drivers of crime, corruption, violence, and misery. In
particular, the trafficking by cartels of controlled substances has triggered
a resurgence in deadly drug abuse and a corresponding rise in violent
crime related to drugs. Likewise, the trafficking and smuggling of human
beings by transnational criminal groups risks creating a humanitarian crisis.
These crimes, along with many others, are enriching and empowering these
organizations to the detriment of the American people.
A comprehensive and decisive approach is required to dismantle these orga-
nized crime syndicates and restore safety for the American people.
Sec. 2. Policy. It shall be the policy of the executive branch to:
(a) strengthen enforcement of Federal law in order to thwart transnational
criminal organizations and subsidiary organizations, including criminal
gangs, cartels, racketeering organizations, and other groups engaged in illicit
activities that present a threat to public safety and national security and
that are related to, for example:
(i) the illegal smuggling and trafficking of humans, drugs or other sub-
stances, wildlife, and weapons;
(ii) corruption, cybercrime, fraud, financial crimes, and intellectual-prop-
erty theft; or
(iii) the illegal concealment or transfer of proceeds derived from such
illicit activities.
(b) ensure that Federal law enforcement agencies give a high priority
and devote sufficient resources to efforts to identify, interdict, disrupt, and
dismantle transnational criminal organizations and subsidiary organizations,
including through the investigation, apprehension, and prosecution of mem-
bers of such organizations, the extradition of members of such organizations
to face justice in the United States and, where appropriate and to the
extent permitted by law, the swift removal from the United States of foreign
nationals who are members of such organizations;
(c) maximize the extent to which all Federal agencies share information
and coordinate with Federal law enforcement agencies, as permitted by
law, in order to identify, interdict, and dismantle transnational criminal
organizations and subsidiary organizations;
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(d) enhance cooperation with foreign counterparts against transnational
criminal organizations and subsidiary organizations, including, where appro-
priate and permitted by law, through sharing of intelligence and law enforce-
ment information and through increased security sector assistance to foreign
partners by the Attorney General and the Secretary of Homeland Security;
(e) develop strategies, under the guidance of the Secretary of State, the
Attorney General, and the Secretary of Homeland Security, to maximize
coordination among agencies—such as through the Organized Crime Drug
Enforcement Task Forces (OCDETF), Special Operations Division, the
OCDETF Fusion Center, and the International Organized Crime Intelligence
and Operations Center—to counter the crimes described in subsection (a)
of this section, consistent with applicable Federal law; and
(f) pursue and support additional efforts to prevent the operational success
of transnational criminal organizations and subsidiary organizations within
and beyond the United States, to include prosecution of ancillary criminal
offenses, such as immigration fraud and visa fraud, and the seizure of
the implements of such organizations and forfeiture of the proceeds of
their criminal activity.
Sec. 3. Implementation. In furtherance of the policy set forth in section
2 of this order, the Secretary of State, the Attorney General, the Secretary
of Homeland Security, and the Director of National Intelligence, or their
designees, shall co-chair and direct the existing interagency Threat Mitigation
Working Group (TMWG), which shall:
(a) work to support and improve the coordination of Federal agencies’
efforts
to
identify,
interdict,
investigate,
prosecute,
and
dismantle
transnational criminal organizations and subsidiary organizations within and
beyond the United States;
(b) work to improve Federal agencies’ provision, collection, reporting,
and sharing of, and access to, data relevant to Federal efforts against
transnational criminal organizations and subsidiary organizations;
(c) work to increase intelligence and law enforcement information sharing
with foreign partners battling transnational criminal organizations and sub-
sidiary organizations, and to enhance international operational capabilities
and cooperation;
(d) assess Federal agencies’ allocation of monetary and personnel resources
for identifying, interdicting, and dismantling transnational criminal organiza-
tions and subsidiary organizations, as well as any resources that should
be redirected toward these efforts;
(e) identify Federal agencies’ practices, any absence of practices, and fund-
ing needs that might hinder Federal efforts to effectively combat transnational
criminal organizations and subsidiary organizations;
(f) review relevant Federal laws to determine existing ways in which
to identify, interdict, and disrupt the activity of transnational criminal organi-
zations and subsidiary organizations, and ascertain which statutory authori-
ties, including provisions under the Immigration and Nationality Act, could
be better enforced or amended to prevent foreign members of these organiza-
tions or their associates from obtaining entry into the United States and
from exploiting the United States immigration system;
(g) in the interest of transparency and public safety, and in compliance
with all applicable law, including the Privacy Act, issue reports at least
once per quarter detailing convictions in the United States relating to
transnational criminal organizations and their subsidiaries;
(h) to the extent deemed useful by the Co-Chairs, and in their discretion,
identify methods for Federal agencies to coordinate, as permitted by law,
with State, tribal, and local governments and law enforcement agencies,
foreign law enforcement partners, public-health organizations, and non-gov-
ernmental organizations in order to aid in the identification, interdiction,
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and dismantling of transnational criminal organizations and subsidiary orga-
nizations;
(i) to the extent deemed useful by the Co-Chairs, and in their discretion,
consult with the Office of National Drug Control Policy in implementing
this order; and
(j) within 120 days of the date of this order, submit to the President
a report on transnational criminal organizations and subsidiary organizations,
including the extent of penetration of such organizations into the United
States, and issue additional reports annually thereafter to describe the
progress made in combating these criminal organizations, along with any
recommended actions for dismantling them.
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,
February 9, 2017.
[FR Doc. 2017–03113
Filed 2–13–17; 11:15 am]
Billing code 3295–F7–P
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| Enforcing Federal Law With Respect to Transnational Criminal Organizations and Preventing International Trafficking | 2017-02-09T00:00:00 | 1df524e4b51c8ab2eb033c9aaf7a127dc77bcd0d12dbe7527f7712058ea06732 |
Presidential Executive Order | 2017-04357 (13779) | Presidential Documents
12499
Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Presidential Documents
Executive Order 13779 of February 28, 2017
White House Initiative To Promote Excellence and Innovation
at 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 opportunities
in higher education, it is hereby ordered as follows:
Section 1. Policy. Historically black colleges and universities (HBCUs) have
made, and continue to make, extraordinary contributions to the general
welfare and prosperity of our country. Established by visionary leaders,
America’s HBCUs have, for more than 150 years, produced many of our
Nation’s leaders in business, government, academia, and the military, and
have helped create a black middle class. The Nation’s more than 100 HBCUs
are located in 20 States, the District of Columbia, and the U.S. Virgin
Islands, and serve more than 300,000 undergraduate, graduate, and profes-
sional students. These institutions are important engines of economic growth
and public service, and they are proven ladders of intergenerational advance-
ment.
A White House Initiative on HBCUs would: advance America’s full human
potential; foster more and better opportunities in higher education; strengthen
the capacity of HBCUs to provide the highest-quality education; provide
equitable opportunities for HBCUs to participate in Federal programs; and
increase the number of college-educated Americans who feel empowered
and able to advance the common good at home and abroad.
Sec. 2. White House Initiative on HBCUs.
(a) Establishment. There is established the White House Initiative on His-
torically Black Colleges and Universities (Initiative), housed in the Executive
Office of the President and led by an Executive Director designated by
the President.
(b) Mission and Functions. The Initiative shall work with agencies, private-
sector employers, educational associations, philanthropic organizations, and
other partners to increase the capacity of HBCUs to provide the highest-
quality education to an increasing number of students. The Initiative shall
have two primary missions:
(i) increasing the private-sector role, including the role of private founda-
tions, in:
(A) strengthening HBCUs through enhanced institutional planning and
development, fiscal stability, and financial management; and
(B) upgrading institutional infrastructure, including the use of tech-
nology, to ensure the long-term viability of these institutions; and
(ii) enhancing HBCUs’ capabilities to serve our Nation’s young adults
by:
(A) strengthening HBCUs’ ability to equitably participate in Federal
programs and exploring new ways of improving the relationship between
the Federal Government and HBCUs;
(B) fostering private-sector initiatives and public-private partnerships
while promoting specific areas and centers of academic research and pro-
gram-based excellence throughout HBCUs;
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(C) improving the availability, dissemination, and quality of information
concerning HBCUs in the public policy sphere;
(D) sharing administrative and programmatic best practices within the
HBCU community;
(E) partnering with elementary and secondary education stakeholders
to build a ‘‘cradle-to-college’’ pipeline; and
(F) convening an annual White House Summit on HBCUs to address,
among other topics, matters related to the Initiative’s missions and func-
tions.
(c) Federal Agency Plans.
(i) The Secretary of Education (Secretary), in consultation with the Execu-
tive Director, shall identify those agencies that regularly interact with
HBCUs.
(ii) Each agency identified by the Secretary under subsection (c)(i) of
this section shall prepare an annual plan (Agency Plan) describing its
efforts to strengthen the capacity of HBCUs to participate in applicable
Federal programs and initiatives. Where appropriate, each Agency Plan
shall address, among other things, the agency’s proposed efforts to:
(A) establish how the agency intends to increase the capacity of HBCUs
to compete effectively for grants, contracts, or cooperative agreements;
(B) identify Federal programs and initiatives where HBCUs are not well
represented, and improve HBCUs’ participation in those programs and
initiatives; and
(C) encourage public-sector, private-sector, and community involvement
in improving the overall capacity of HBCUs.
(iii) The head of each agency identified in subsection (c)(i) of this section
shall submit its Agency Plan to the Secretary and the Executive Director
no later than 90 days after being so identified, and submit an updated
Agency Plan annually thereafter.
(iv) To help fulfill the objectives of the Agency Plans, the head of each
agency identified by the Secretary may provide, as appropriate, technical
assistance and information to the Executive Director to enhance commu-
nication with HBCUs concerning the agency’s program activities and the
preparation of applications or proposals for grants, contracts, or cooperative
agreements.
(v) Each agency identified by the Secretary shall appoint a senior official
to report directly to the agency head on that agency’s progress under
this order, and to serve as liaison to the Initiative.
(d) Interagency Working Group. There is established an Interagency Work-
ing Group, which shall be chaired by the Executive Director and shall
consist of one representative from each agency identified by the Secretary
pursuant to subsection (c)(i) of this section, to help advance and coordinate
the work required by this order.
Sec. 3. President’s Board of Advisors on HBCUs.
(a) Establishment. There is established in the Department of Education
the President’s Board of Advisors on Historically Black Colleges and Univer-
sities (Board). The Board shall consist of not more than 25 members appointed
by the President. The Board shall include the Secretary, the Executive Direc-
tor, representatives of a variety of sectors—such as philanthropy, education,
business, finance, entrepreneurship, innovation, and private foundations—
and sitting HBCU presidents. The President shall designate one member
of the Board to serve as its Chair, who shall help direct the Board’s work
in coordination with the Secretary and in consultation with the Executive
Director. The Chair shall also consult with the Executive Director regarding
the time and location of the Board’s meetings, which shall take place at
least once every 6 months.
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(b) Mission and Functions. The Board shall advise the President, through
the Initiative, on all matters pertaining to strengthening the educational
capacity of HBCUs. In particular, the Board shall advise the President in
the following areas:
(i) improving the identity, visibility, distinctive capabilities, and overall
competitiveness of HBCUs;
(ii) engaging the philanthropic, business, government, military, homeland-
security, and education communities in a national dialogue regarding new
HBCU programs and initiatives;
(iii) improving the ability of HBCUs to remain fiscally secure institutions
that can assist the Nation in achieving its educational goals and in advanc-
ing the interests of all Americans;
(iv) elevating the public awareness of, and fostering appreciation of,
HBCUs; and
(v) encouraging public-private investments in HBCUs.
(c) Administration. The Department of Education shall provide funding
and administrative support for the Board, consistent with applicable law
and subject to the availability of appropriations. Members of the Board
shall serve without compensation, but shall be reimbursed for travel ex-
penses, including per diem in lieu of subsistence, as authorized by law.
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 for those of reporting to the Congress, shall be performed by the
Chair, in accordance with guidelines issued by the Administrator of General
Services.
(d) Report. The Board shall report annually to the President on the Board’s
progress in carrying out its duties under this section.
Sec. 4. Revocation of Executive Order. Executive Order 13532 of February
26, 2010 (Promoting Excellence, Innovation, and Sustainability at Historically
Black Colleges and Universities), as amended, is revoked.
Sec. 5. General Provisions. (a) For the purposes of this order, ‘‘historically
black colleges and universities’’ shall mean those institutions listed in 34
CFR 608.2.
(b) This order shall apply to executive departments and agencies designated
by the Secretary. Those departments and agencies shall provide timely reports
and such information as is required to effectively carry out the objectives
of this order.
(c) The heads of executive departments and agencies shall assist and
provide information to the Board, consistent with applicable law, as may
be necessary to carry out the functions of the Board. Each executive depart-
ment and agency shall bear its own expenses of participating in the Initiative.
(d) 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.
(e) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(f) 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 28, 2017.
[FR Doc. 2017–04357
Filed 3–2–17; 11:15 am]
Billing code 3295–F7–P
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| White House Initiative To Promote Excellence and Innovation at Historically Black Colleges and Universities | 2017-02-28T00:00:00 | 14121f4bccf0433f90db91c64fb55fbf0d1117cff8f677777eb86b323c61c8df |
Presidential Executive Order | 2017-03115 (13774) | Presidential Documents
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Executive Order 13774 of February 9, 2017
Preventing Violence Against Federal, State, Tribal, and Local
Law Enforcement Officers
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 shall be the policy of the executive branch to:
(a) enforce all Federal laws in order to enhance the protection and safety
of Federal, State, tribal, and local law enforcement officers, and thereby
all Americans;
(b) develop strategies, in a process led by the Department of Justice (Depart-
ment) and within the boundaries of the Constitution and existing Federal
laws, to further enhance the protection and safety of Federal, State, tribal,
and local law enforcement officers; and
(c) pursue appropriate legislation, consistent with the Constitution’s regime
of limited and enumerated Federal powers, that will define new Federal
crimes, and increase penalties for existing Federal crimes, in order to prevent
violence against Federal, State, tribal, and local law enforcement officers.
Sec. 2. Implementation. In furtherance of the policy set forth in section
1 of this order, the Attorney General shall:
(a) develop a strategy for the Department’s use of existing Federal laws
to prosecute individuals who commit or attempt to commit crimes of violence
against Federal, State, tribal, and local law enforcement officers;
(b) coordinate with State, tribal, and local governments, and with law
enforcement agencies at all levels, including other Federal agencies, in pros-
ecuting crimes of violence against Federal, State, tribal, and local law enforce-
ment officers in order to advance adequate multi-jurisdiction prosecution
efforts;
(c) review existing Federal laws to determine whether those laws are
adequate to address the protection and safety of Federal, State, tribal, and
local law enforcement officers;
(d) following that review, and in coordination with other Federal agencies,
as appropriate, make recommendations to the President for legislation to
address the protection and safety of Federal, State, tribal, and local law
enforcement officers, including, if warranted, legislation defining new crimes
of violence and establishing new mandatory minimum sentences for existing
crimes of violence against Federal, State, tribal, and local law enforcement
officers, as well as for related crimes;
(e) coordinate with other Federal agencies to develop an executive branch
strategy to prevent violence against Federal, State, tribal, and local law
enforcement officers;
(f) thoroughly evaluate all grant funding programs currently administered
by the Department to determine the extent to which its grant funding supports
and protects Federal, State, tribal, and local law enforcement officers; and
(g) recommend to the President any changes to grant funding, based on
the evaluation required by subsection (f) of this section, including rec-
ommendations for legislation, as appropriate, to adequately support and
protect Federal, State, tribal, and local law enforcement officers.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
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(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 9, 2017.
[FR Doc. 2017–03115
Filed 2–13–17; 11:15 am]
Billing code 3295–F7–P
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| Preventing Violence Against Federal, State, Tribal, and Local Law Enforcement Officers | 2017-02-09T00:00:00 | 363b0558cbbb5096c1bd3f8907a53e1baaf15f0292ca55fe4770048fd9b1c0fa |
Presidential Executive Order | 2017-03118 (13776) | Presidential Documents
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Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Presidential Documents
Executive Order 13776 of February 9, 2017
Task Force on Crime Reduction and Public Safety
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to reduce crime and
restore public safety to communities across the Nation, it is hereby ordered
as follows:
Section 1. Policy. It shall be the policy of the executive branch to reduce
crime in America. Many communities across the Nation are suffering from
high rates of violent crime. A focus on law and order and the safety and
security of the American people requires a commitment to enforcing the
law and developing policies that comprehensively address illegal immigra-
tion, drug trafficking, and violent crime. The Department of Justice shall
take the lead on Federal actions to support law enforcement efforts nation-
wide and to collaborate with State, tribal, and local jurisdictions to restore
public safety to all of our communities.
Sec. 2. Task Force. (a) In furtherance of the policy described in section
1 of this order, I hereby direct the Attorney General to establish, and to
appoint or designate an individual or individuals to chair, a Task Force
on Crime Reduction and Public Safety (Task Force). The Attorney General
shall, to the extent permitted by law, provide administrative support and
funding for the Task Force.
(b) The Attorney General shall determine the characteristics of the Task
Force, which shall be composed of individuals appointed or designated
by him.
(c) The Task Force shall:
(i) exchange information and ideas among its members that will be useful
in developing strategies to reduce crime, including, in particular, illegal
immigration, drug trafficking, and violent crime;
(ii) based on that exchange of information and ideas, develop strategies
to reduce crime;
(iii) identify deficiencies in existing laws that have made them less effective
in reducing crime and propose new legislation that could be enacted
to improve public safety and reduce crime;
(iv) evaluate the availability and adequacy of crime-related data and iden-
tify measures that could improve data collection in a manner that will
aid in the understanding of crime trends and in the reduction of crime;
and
(v) conduct any other studies and develop any other recommendations
as directed by the Attorney General.
(d) The Task Force shall meet as required by the Attorney General and
shall be dissolved once it has accomplished the objectives set forth in
subsection (c) of this section, as determined by the Attorney General.
(e) The Task Force shall submit at least one report to the President
within 1 year from the date of this order, and a subsequent report at
least once per year thereafter while the Task Force remains in existence.
The structure of the report is left to the discretion of the Attorney General.
In its first report to the President and in any subsequent reports, the Task
Force shall summarize its findings and recommendations under subsections
(c)(ii) through (c)(v) of this section.
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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,
February 9, 2017.
[FR Doc. 2017–03118
Filed 2–13–17; 11:15 am]
Billing code 3295–F7–P
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| Task Force on Crime Reduction and Public Safety | 2017-02-09T00:00:00 | 6c7a208d64c7c89adc3af0cf3acf41e30cda6ef42f31f6d9d3d97ee80296785f |
Presidential Executive Order | 2017-03116 (13775) | Presidential Documents
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Federal Register / Vol. 82, No. 29 / Tuesday, February 14, 2017 / Presidential Documents
Executive Order 13775 of February 9, 2017
Providing an Order of Succession Within the Department of
Justice
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, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2 of
this order, the following officers, in the order listed, shall act as and perform
the functions and duties of the office of Attorney General during any period
in which the Attorney General, the Deputy Attorney General, the Associate
Attorney General, and any officers designated by the Attorney General pursu-
ant to 28 U.S.C. 508 to act as Attorney General, have died, resigned, or
otherwise become unable to perform the functions and duties of the office
of Attorney General, until such time as at least one of the officers mentioned
above is able to perform the functions and duties of that office:
(a) United States Attorney for the Eastern District of Virginia;
(b) United States Attorney for the Northern District of Illinois; and
(c) United States Attorney for the Western District of Missouri.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1 of this order in an acting capacity, by virtue of so serving,
shall act as Attorney General pursuant to this order.
(b) No individual listed in section 1 shall act as Attorney General unless
that individual is otherwise eligible to so serve under the Federal Vacancies
Reform Act of 1998.
(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 Attorney General.
Sec. 3. Revocation of Executive Order. Executive Order 13762 of January
13, 2017, is revoked.
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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,
February 9, 2017.
[FR Doc. 2017–03116
Filed 2–13–17; 11:15 am]
Billing code 3295–F7–P
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| Providing an Order of Succession Within the Department of Justice | 2017-02-09T00:00:00 | 6988a89f5f20ee02cc3b1475b4c99801846b9ddeb07436a199a28e02f4362265 |
Presidential Executive Order | 2017-02451 (13771) | Presidential Documents
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Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Presidential Documents
Executive Order 13771 of January 30, 2017
Reducing Regulation and Controlling Regulatory Costs
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Budget and Accounting
Act of 1921, as amended (31 U.S.C. 1101 et seq.), section 1105 of title
31, United States Code, and section 301 of title 3, United States Code,
it is hereby ordered as follows:
Section 1. Purpose. It is the policy of the executive branch to be prudent
and financially responsible in the expenditure of funds, from both public
and private sources. In addition to the management of the direct expenditure
of taxpayer dollars through the budgeting process, it is essential to manage
the costs associated with the governmental imposition of private expenditures
required to comply with Federal regulations. Toward that end, it is important
that for every one new regulation issued, at least two prior regulations
be identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.
Sec. 2. Regulatory Cap for Fiscal Year 2017. (a) Unless prohibited by law,
whenever an executive department or agency (agency) publicly proposes
for notice and comment or otherwise promulgates a new regulation, it shall
identify at least two existing regulations to be repealed.
(b) For fiscal year 2017, which is in progress, the heads of all agencies
are directed that the total incremental cost of all new regulations, including
repealed regulations, to be finalized this year shall be no greater than zero,
unless otherwise required by law or consistent with advice provided in
writing by the Director of the Office of Management and Budget (Director).
(c) In furtherance of the requirement of subsection (a) of this section,
any new incremental costs associated with new regulations shall, to the
extent permitted by law, be offset by the elimination of existing costs associ-
ated with at least two prior regulations. Any agency eliminating existing
costs associated with prior regulations under this subsection shall do so
in accordance with the Administrative Procedure Act and other applicable
law.
(d) The Director shall provide the heads of agencies with guidance on
the implementation of this section. Such guidance shall address, among
other things, processes for standardizing the measurement and estimation
of regulatory costs; standards for determining what qualifies as new and
offsetting regulations; standards for determining the costs of existing regula-
tions that are considered for elimination; processes for accounting for costs
in different fiscal years; methods to oversee the issuance of rules with
costs offset by savings at different times or different agencies; and emergencies
and other circumstances that might justify individual waivers of the require-
ments of this section. The Director shall consider phasing in and updating
these requirements.
Sec. 3. Annual Regulatory Cost Submissions to the Office of Management
and Budget. (a) Beginning with the Regulatory Plans (required under Execu-
tive Order 12866 of September 30, 1993, as amended, or any successor
order) for fiscal year 2018, and for each fiscal year thereafter, the head
of each agency shall identify, for each regulation that increases incremental
cost, the offsetting regulations described in section 2(c) of this order, and
provide the agency’s best approximation of the total costs or savings associ-
ated with each new regulation or repealed regulation.
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(b) Each regulation approved by the Director during the Presidential budget
process shall be included in the Unified Regulatory Agenda required under
Executive Order 12866, as amended, or any successor order.
(c) Unless otherwise required by law, no regulation shall be issued by
an agency if it was not included on the most recent version or update
of the published Unified Regulatory Agenda as required under Executive
Order 12866, as amended, or any successor order, unless the issuance of
such regulation was approved in advance in writing by the Director.
(d) During the Presidential budget process, the Director shall identify
to agencies a total amount of incremental costs that will be allowed for
each agency in issuing new regulations and repealing regulations for the
next fiscal year. No regulations exceeding the agency’s total incremental
cost allowance will be permitted in that fiscal year, unless required by
law or approved in writing by the Director. The total incremental cost
allowance may allow an increase or require a reduction in total regulatory
cost.
(e) The Director shall provide the heads of agencies with guidance on
the implementation of the requirements in this section.
Sec. 4. Definition. For purposes of this order the term ‘‘regulation’’ or ‘‘rule’’
means an agency statement of general or particular applicability and future
effect designed to implement, interpret, or prescribe law or policy or to
describe the procedure or practice requirements of an agency, but does
not include:
(a) regulations issued with respect to a military, national security, or
foreign affairs function of the United States;
(b) regulations related to agency organization, management, or personnel;
or
(c) any other category of regulations exempted by the Director.
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 relating to budgetary, administrative,
or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(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 30, 2017.
[FR Doc. 2017–02451
Filed 2–2–17; 11:15 am]
Billing code 3295–F7–P
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| Reducing Regulation and Controlling Regulatory Costs | 2017-01-30T00:00:00 | c8e6749633ab12443e9ba09a49a9b0945c433a52f6e783e2ea2e1ecb379fc4ef |
Presidential Executive Order | 2017-02450 (13770) | Presidential Documents
9333
Federal Register
Vol. 82, No. 22
Friday, February 3, 2017
Title 3—
The President
Executive Order 13770 of January 28, 2017
Ethics Commitments by Executive Branch Appointees
By the authority vested in me as President of the United States 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, 2017, shall sign, and upon signing shall be contrac-
tually committed to, the following pledge upon becoming an appointee:
‘‘As a condition, and in consideration, of my employment in the United
States Government in an appointee 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. I will not, within 5 years after the termination of my employment
as an appointee in any executive agency in which I am appointed to serve,
engage in lobbying activities with respect to that agency.
‘‘2. If, upon my departure 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, I agree that I will abide by those restrictions.
‘‘3. In addition to abiding by the limitations of paragraphs 1 and 2,
I also agree, upon leaving Government service, not to engage in lobbying
activities with respect to any covered executive branch official or non-
career Senior Executive Service appointee for the remainder of the Adminis-
tration.
‘‘4. I will not, at any time after the termination of my employment in
the United States Government, engage in any activity on behalf of any
foreign government or foreign political party which, were it undertaken
on January 20, 2017, would require me to register under the Foreign Agents
Registration Act of 1938, as amended.
‘‘5. I will not accept gifts from registered lobbyists or lobbying organizations
for the duration of my service as an appointee.
‘‘6. 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 substantially related to my former employer or former clients, including
regulations and contracts.
‘‘7. If I was a registered lobbyist within the 2 years before the date
of my appointment, in addition to abiding by the limitations of paragraph
6, I will not for a period of 2 years after the date of my appointment
participate in any particular matter on which I lobbied within the 2 years
before the date of my appointment or participate in the specific issue area
in which that particular matter falls.
‘‘8. I agree that any hiring or other employment decisions I make will
be based on the candidate’s qualifications, competence, and experience.
‘‘9. I acknowledge that the Executive Order entitled ’Ethics Commitments
by Executive Branch Appointees,’ issued by the President on January 28,
2017, which I have read before signing this document, defines certain terms
applicable to the foregoing obligations and sets forth the methods for enforc-
ing them. I expressly accept the provisions of that Executive Order as a
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part of this agreement and as binding on me. I understand that the obligations
of this pledge are in addition to any statutory or other legal restrictions
applicable to me by virtue of Government service.’’
Sec. 2. Definitions. As used herein and in the pledge set forth in section
1 of this order:
(a) ‘‘Administration’’ means all terms of office of the incumbent President
serving at the time of the appointment of an appointee covered by this
order.
(b) ‘‘Appointee’’ means 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 confidential or policy-
making 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) ‘‘Covered executive branch official’’ shall have the definition set forth
in the Lobbying Disclosure Act.
(d) ‘‘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.
(e) ‘‘Executive agency’’ and ‘‘agency’’ mean ‘‘executive agency’’ as defined
in section 105 of title 5, United States Code, except that the terms shall
include the Executive Office of the President, the United States Postal Service,
and the Postal Regulatory Commission, and excludes the Government Ac-
countability Office. As used in paragraph 1 of the pledge, ‘‘executive agency’’
means the entire agency in which the appointee is appointed to serve,
except that:
(1) with respect to those appointees to whom such designations are applica-
ble under section 207(h) of title 18, United States Code, the term means
an agency or bureau designated by the Director of the Office of Government
Ethics under section 207(h) as a separate department or agency at the
time the appointee ceased to serve in that department or agency; and
(2) an appointee who is detailed from one executive agency to another
for more than 60 days in any calendar year shall be deemed to be an
officer or employee of both agencies during the period such person is
detailed.
(f) ‘‘Foreign Agents Registration Act of 1938, as amended’’ means sections
611 through 621 of title 22, United States Code.
(g) ‘‘Foreign government’’ means the ‘‘government of a foreign country,’’
as defined in section 1(e) of the Foreign Agents Registration Act of 1938,
as amended, 22 U.S.C. 611(e).
(h) ‘‘Foreign political party’’ has the same meaning as that term has
in section 1(f) of the Foreign Agents Registration Act of 1938, as amended,
22 U.S.C. 611(f).
(i) ‘‘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 a speech or similar appearance. It does not include clients
of the appointee’s former employer to whom the appointee did not personally
provide services.
(j) ‘‘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, or any United States territory or possession.
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(k) ‘‘Gift’’
(1) shall have the definition set forth in section 2635.203(b) of title 5,
Code of Federal Regulations;
(2) shall include gifts that are solicited or accepted indirectly as defined
at section 2635.203(f) of title 5, Code of Federal Regulations; and
(3) shall exclude those items excluded by sections 2635.204(b), (c), (e)(1)
& (3), (j), (k), and (l) of title 5, Code of Federal Regulations.
(l) ‘‘Government official’’ means any employee of the executive branch.
(m) ‘‘Lobbied’’ shall mean to have acted as a registered lobbyist.
(n) ‘‘Lobbying activities’’ has the same meaning as that term has in the
Lobbying Disclosure Act, except that the term does not include commu-
nicating or appearing with regard to: a judicial proceeding; a criminal or
civil law enforcement inquiry, investigation, or proceeding; or any agency
process for rulemaking, adjudication, or licensing, as defined in and governed
by the Administrative Procedure Act, as amended, 5 U.S.C. 551 et seq.
(o) ‘‘Lobbying Disclosure Act’’ means sections 1601 et seq. of title 2,
United States Code.
(p) ‘‘Lobbyist’’ shall have the definition set forth in the Lobbying Disclosure
Act.
(q) ‘‘On behalf of another’’ means on behalf of a person or entity other
than the individual signing the pledge or his or her spouse, child, or parent.
(r) ‘‘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.
(s) ‘‘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.
(t) ‘‘Participate’’ means to participate personally and substantially.
(u) ‘‘Pledge’’ means the ethics pledge set forth in section 1 of this order.
(v) ‘‘Post-employment restrictions’’ shall include the provisions and excep-
tions in section 207(c) of title 18, United States Code, and the implementing
regulations.
(w) ‘‘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.
(x) Terms that are used herein and in the pledge, and also used in
section 207 of title 18, United States Code, shall be given the same meaning
as they have in section 207 and any implementing regulations issued or
to be issued by the Office of Government Ethics, except to the extent those
terms are otherwise defined in this order.
(y) All references to provisions of law and regulations shall refer to such
provisions as in effect on January 20, 2017.
Sec. 3. Waiver. (a) The President or his designee may grant to any person
a waiver of any restrictions contained in the pledge signed by such person.
(b) A waiver shall take effect when the certification is signed by the
President or his designee.
(c) A copy of the waiver certification shall be furnished to the person
covered by the waiver and provided to the head of the agency in which
that person is or was appointed to serve.
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Sec. 4. Administration. (a) The head of every executive agency shall establish
for that agency 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:
(1) to ensure that every appointee in the agency signs the pledge upon
assuming the appointed office or otherwise becoming an appointee; and
(2) to ensure compliance with this order within the agency.
(b) With respect to the Executive Office of the President, the duties set
forth in section 4(a) shall be the responsibility of the Counsel to the President
or such other official or officials to whom the President delegates those
duties.
(c) The Director of the Office of Government Ethics shall:
(1) ensure that the pledge and a copy of this Executive Order are made
available for use by agencies in fulfilling their duties under section 4(a);
(2) in consultation with the Attorney General or Counsel to the President,
when appropriate, assist designated agency ethics officers in providing
advice to current or former appointees regarding the application of the
pledge; and
(3) adopt such rules or procedures (conforming as nearly as practicable
to its generally applicable rules and procedures) as are necessary or appro-
priate:
(i) to carry out the foregoing responsibilities;
(ii) to apply the lobbyist gift ban set forth in paragraph 5 of the pledge
to all executive branch employees;
(iii) to authorize limited exceptions to the lobbyist gift ban for cir-
cumstances that do not implicate the purposes of the ban;
(iv) 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;
(v) to ensure that existing rules and procedures for Government employ-
ees engaged in negotiations for future employment with private businesses
that are affected by their official actions do not affect the integrity of
the Government’s programs and operations; and
(vi) to ensure, in consultation with the Director of the Office of Personnel
Management, that the requirement set forth in paragraph 8 of the pledge
is honored by every employee of the executive branch;
(d) An appointee who has signed the pledge is not required to sign
the pledge again upon appointment or detail to a different office, except
that a person who has ceased to be an appointee, due to termination of
employment in the executive branch or otherwise, shall sign the pledge
prior to thereafter assuming office as an appointee.
(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 by any legally available means, including any or all of the following:
debarment proceedings within any affected executive agency or civil judicial
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 engaging in lobbying activities with
respect to that agency for up to 5 years in addition to the 5-year 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
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procedures to implement this subsection, which shall include (but not be
limited to) providing for factfinding and investigation of possible violations
of this order and for referrals to the Attorney General for his or her consider-
ation pursuant to subsection (c).
(c) The Attorney General or his or her designee is authorized:
(1) upon receiving information regarding the possible breach of any com-
mitment in a signed pledge, to request any appropriate Federal investigative
authority to conduct such investigations as may be appropriate; and
(2) 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 on behalf of the United States against
the former officer or employee in any United States District Court with
jurisdiction to consider the matter.
(d) In such civil action, the Attorney General or his or her designee
is authorized to request any and all relief authorized by law, including
but not limited to:
(1) such temporary restraining orders and preliminary and permanent
injunctions as may be appropriate to restrain future, recurring, or con-
tinuing conduct by the former officer or employee in breach of the commit-
ments in the pledge he or she signed; and
(2) 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 officer or employee arising out of any breach or attempted breach
of the pledge signed by the former officer or employee.
Sec. 6. General Provisions. (a) This order supersedes Executive Order 13490
of January 21, 2009 (Ethics Commitments by Executive Branch Personnel),
and therefore Executive Order 13490 is hereby revoked. No other prior
Executive Orders are repealed by this order. To the extent that this order
is inconsistent with any provision of any prior Executive Order, this order
shall control.
(b) 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.
(c) The pledge and this order are not intended to, and do not, create
any right or benefit, substantive or procedural, enforceable at law or in
equity by any party (other than by the United States) against the United
States, its departments, agencies, or entities, its officers, employees, or agents,
or any other person.
(d) The definitions set forth in this order are solely applicable to the
terms of this order, and are not otherwise intended to impair or affect
existing law.
(e) Nothing in this order shall be construed to impair or otherwise affect:
(1) the authority granted by law to an executive department, agency,
or the head thereof; or
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(2) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(f) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
THE WHITE HOUSE,
January 28, 2017.
[FR Doc. 2017–02450
Filed 2–2–17; 11:15 am]
Billing code 3295–F7–P
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| Ethics Commitments by Executive Branch Appointees | 2017-01-28T00:00:00 | d9d4adcc716d78fd8f93169ba581c83c9c8d3655e66322830d885dc8bd1520ab |
Presidential Executive Order | 2017-18679 (13809) | Presidential Documents
41499
Federal Register
Vol. 82, No. 168
Thursday, August 31, 2017
Title 3—
The President
Executive Order 13809 of August 28, 2017
Restoring State, Tribal, and Local Law Enforcement’s Access
to Life-Saving Equipment and Resources
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 Executive Order 13688. Executive Order 13688
of January 16, 2015 (Federal Support for Local Law Enforcement Equipment
Acquisition), is hereby revoked.
Sec. 2. Revocation of Recommendations Issued Pursuant to Executive Order
13688. The recommendations issued pursuant to Executive Order 13688
do not reflect the policy of the executive branch. All executive departments
and agencies are directed, as of the date of this order and consistent with
Federal law, to cease implementing those recommendations and, if necessary,
to take prompt action to rescind any rules, regulations, guidelines, or policies
implementing them.
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, 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.
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(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 28, 2017.
[FR Doc. 2017–18679
Filed 8–30–17; 11:15 am]
Billing code 3295–F7–P
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| Restoring State, Tribal, and Local Law Enforcement's Access to Life-Saving Equipment and Resources | 2017-08-28T00:00:00 | 4a128d127424b2ecce5a15f7499c599b581fabe38b84d6047f9a15c321cab093 |
Presidential Executive Order | 2017-02029 (13766) | Presidential Documents
8657
Federal Register
Vol. 82, No. 18
Monday, January 30, 2017
Title 3—
The President
Executive Order 13766 of January 24, 2017
Expediting Environmental Reviews and Approvals for High
Priority Infrastructure Projects
By the authority vested in me as President by the Constitution and the
laws of the United States of America, I hereby direct as follows:
Section 1. Purpose. Infrastructure investment strengthens our economic plat-
form, makes America more competitive, creates millions of jobs, increases
wages for American workers, and reduces the costs of goods and services
for American families and consumers. Too often, infrastructure projects in
the United States have been routinely and excessively delayed by agency
processes and procedures. These delays have increased project costs and
blocked the American people from the full benefits of increased infrastructure
investments, which are important to allowing Americans to compete and
win on the world economic stage. Federal infrastructure decisions should
be accomplished with maximum efficiency and effectiveness, while also
respecting property rights and protecting public safety and the environment.
To that end, it is the policy of the executive branch to streamline and
expedite, in a manner consistent with law, environmental reviews and ap-
provals for all infrastructure projects, especially projects that are a high
priority for the Nation, such as improving the U.S. electric grid and tele-
communications systems and repairing and upgrading critical port facilities,
airports, pipelines, bridges, and highways.
Sec. 2. Identification of High Priority Infrastructure Projects. With respect
to infrastructure projects for which Federal reviews and approvals are re-
quired, upon request by the Governor of a State, or the head of any executive
department or agency (agency), or on his or her own initiative, the Chairman
of the White House Council on Environmental Quality (CEQ) shall, within
30 days after a request is made, decide whether an infrastructure project
qualifies as a ‘‘high priority’’ infrastructure project. This determination shall
be made after consideration of the project’s importance to the general welfare,
value to the Nation, environmental benefits, and such other factors as the
Chairman deems relevant.
Sec. 3. Deadlines. With respect to any project designated as a high priority
under section 2 of this order, the Chairman of the CEQ shall coordinate
with the head of the relevant agency to establish, in a manner consistent
with law, expedited procedures and deadlines for completion of environ-
mental reviews and approvals for such projects. All agencies shall give
highest priority to completing such reviews and approvals by the established
deadlines using all necessary and appropriate means. With respect to dead-
lines established consistent with this section that are not met, the head
of the relevant agency shall provide a written explanation to the Chairman
explaining the causes for the delay and providing concrete actions taken
by the agency to complete such reviews and approvals as expeditiously
as possible.
Sec. 4. 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
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(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) All actions taken pursuant to this order shall be consistent with require-
ments and authorities to protect intelligence and law enforcement sources
and methods. Nothing in this order shall be interpreted to supersede measures
established under authority of law to protect the security and integrity
of specific activities and associations that are in direct support of intelligence
and law enforcement operations.
(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 24, 2017.
[FR Doc. 2017–02029
Filed 1–27–17; 8:45 am]
Billing code 3295–F7–P
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| Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects | 2017-01-24T00:00:00 | 492acd5352ab5829129d920675618b9ecaadfbfdf871b4d6a81525311ae3b3e2 |
Presidential Executive Order | 2017-02095 (13767) | Presidential Documents
8793
Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Presidential Documents
Executive Order 13767 of January 25, 2017
Border Security and Immigration Enforcement Improvements
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.) (INA), the Secure Fence Act of 2006
(Public Law 109–367) (Secure Fence Act), and the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law 104–208 Div. C)
(IIRIRA), and in order to ensure the safety and territorial integrity of the
United States as well as to ensure that the Nation’s immigration laws are
faithfully executed, I hereby order as follows:
Section 1. Purpose. Border security is critically important to the national
security of the United States. Aliens who illegally enter the United States
without inspection or admission present a significant threat to national
security and public safety. Such aliens have not been identified or inspected
by Federal immigration officers to determine their admissibility to the United
States. The recent surge of illegal immigration at the southern border with
Mexico has placed a significant strain on Federal resources and overwhelmed
agencies charged with border security and immigration enforcement, as well
as the local communities into which many of the aliens are placed.
Transnational criminal organizations operate sophisticated drug- and human-
trafficking networks and smuggling operations on both sides of the southern
border, contributing to a significant increase in violent crime and United
States deaths from dangerous drugs. Among those who illegally enter are
those who seek to harm Americans through acts of terror or criminal conduct.
Continued illegal immigration presents a clear and present danger to the
interests of the United States.
Federal immigration law both imposes the responsibility and provides the
means for the Federal Government, in cooperation with border States, to
secure the Nation’s southern border. Although Federal immigration law pro-
vides a robust framework for Federal-State partnership in enforcing our
immigration laws—and the Congress has authorized and provided appropria-
tions to secure our borders—the Federal Government has failed to discharge
this basic sovereign responsibility. The purpose of this order is to direct
executive departments and agencies (agencies) to deploy all lawful means
to secure the Nation’s southern border, to prevent further illegal immigration
into the United States, and to repatriate illegal aliens swiftly, consistently,
and humanely.
Sec. 2. Policy. It is the policy of the executive branch to:
(a) secure the southern border of the United States through the immediate
construction of a physical wall on the southern border, monitored and
supported by adequate personnel so as to prevent illegal immigration, drug
and human trafficking, and acts of terrorism;
(b) detain individuals apprehended on suspicion of violating Federal or
State law, including Federal immigration law, pending further proceedings
regarding those violations;
(c) expedite determinations of apprehended individuals’ claims of eligi-
bility to remain in the United States;
(d) remove promptly those individuals whose legal claims to remain in
the United States have been lawfully rejected, after any appropriate civil
or criminal sanctions have been imposed; and
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(e) cooperate fully with States and local law enforcement in enacting
Federal-State partnerships to enforce Federal immigration priorities, as well
as State monitoring and detention programs that are consistent with Federal
law and do not undermine Federal immigration priorities.
Sec. 3. Definitions. (a) ‘‘Asylum officer’’ has the meaning given the term
in section 235(b)(1)(E) of the INA (8 U.S.C. 1225(b)(1)).
(b) ‘‘Southern border’’ shall mean the contiguous land border between
the United States and Mexico, including all points of entry.
(c) ‘‘Border States’’ shall mean the States of the United States immediately
adjacent to the contiguous land border between the United States and Mexico.
(d) Except as otherwise noted, ‘‘the Secretary’’ shall refer to the Secretary
of Homeland Security.
(e) ‘‘Wall’’ shall mean a contiguous, physical wall or other similarly secure,
contiguous, and impassable physical barrier.
(f) ‘‘Executive department’’ shall have the meaning given in section 101
of title 5, United States Code.
(g) ‘‘Regulations’’ shall mean any and all Federal rules, regulations, and
directives lawfully promulgated by agencies.
(h) ‘‘Operational control’’ shall mean the prevention of all unlawful entries
into the United States, including entries by terrorists, other unlawful aliens,
instruments of terrorism, narcotics, and other contraband.
Sec. 4. Physical Security of the Southern Border of the United States. The
Secretary shall immediately take the following steps to obtain complete
operational control, as determined by the Secretary, of the southern border:
(a) In accordance with existing law, including the Secure Fence Act and
IIRIRA, take all appropriate steps to immediately plan, design, and construct
a physical wall along the southern border, using appropriate materials and
technology to most effectively achieve complete operational control of the
southern border;
(b) Identify and, to the extent permitted by law, allocate all sources of
Federal funds for the planning, designing, and constructing of a physical
wall along the southern border;
(c) Project and develop long-term funding requirements for the wall, includ-
ing preparing Congressional budget requests for the current and upcoming
fiscal years; and
(d) Produce a comprehensive study of the security of the southern border,
to be completed within 180 days of this order, that shall include the current
state of southern border security, all geophysical and topographical aspects
of the southern border, the availability of Federal and State resources nec-
essary to achieve complete operational control of the southern border, and
a strategy to obtain and maintain complete operational control of the southern
border.
Sec. 5. Detention Facilities. (a) The Secretary shall take all appropriate
action and allocate all legally available resources to immediately construct,
operate, control, or establish contracts to construct, operate, or control facili-
ties to detain aliens at or near the land border with Mexico.
(b) The Secretary shall take all appropriate action and allocate all legally
available resources to immediately assign asylum officers to immigration
detention facilities for the purpose of accepting asylum referrals and con-
ducting credible fear determinations pursuant to section 235(b)(1) of the
INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear
determinations pursuant to applicable regulations.
(c) The Attorney General shall take all appropriate action and allocate
all legally available resources to immediately assign immigration judges
to immigration detention facilities operated or controlled by the Secretary,
or operated or controlled pursuant to contract by the Secretary, for the
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purpose of conducting proceedings authorized under title 8, chapter 12,
subchapter II, United States Code.
Sec. 6. Detention for Illegal Entry. The Secretary shall immediately take
all appropriate actions to ensure the detention of aliens apprehended for
violations of immigration law pending the outcome of their removal pro-
ceedings or their removal from the country to the extent permitted by
law. The Secretary shall issue new policy guidance to all Department of
Homeland Security personnel regarding the appropriate and consistent use
of lawful detention authority under the INA, including the termination of
the practice commonly known as ‘‘catch and release,’’ whereby aliens are
routinely released in the United States shortly after their apprehension for
violations of immigration law.
Sec. 7. Return to Territory. The Secretary shall take appropriate action,
consistent with the requirements of section 1232 of title 8, United States
Code, to ensure that aliens described in section 235(b)(2)(C) of the INA
(8 U.S.C. 1225(b)(2)(C)) are returned to the territory from which they came
pending a formal removal proceeding.
Sec. 8. Additional Border Patrol Agents. Subject to available appropriations,
the Secretary, through the Commissioner of U.S. Customs and Border Protec-
tion, shall take all appropriate action to hire 5,000 additional Border Patrol
agents, and all appropriate action to ensure that such agents enter on duty
and are assigned to duty stations as soon as is practicable.
Sec. 9. Foreign Aid Reporting Requirements. The head of each executive
department and agency shall identify and quantify all sources of direct
and indirect Federal aid or assistance to the Government of Mexico on
an annual basis over the past five years, including all bilateral and multilat-
eral development aid, economic assistance, humanitarian aid, and military
aid. Within 30 days of the date of this order, the head of each executive
department and agency shall submit this information to the Secretary of
State. Within 60 days of the date of this order, the Secretary shall submit
to the President a consolidated report reflecting the levels of such aid
and assistance that has been provided annually, over each of the past five
years.
Sec. 10. Federal-State Agreements. It is the policy of the executive branch
to empower State and local law enforcement agencies across the country
to perform the functions of an immigration officer in the interior of the
United States to the maximum extent permitted by law.
(a) In furtherance of this policy, the Secretary shall immediately take
appropriate action to engage with the Governors of the States, as well as
local officials, for the purpose of preparing to enter into agreements under
section 287(g) of the INA (8 U.S.C. 1357(g)).
(b) To the extent permitted by law, and with the consent of State or
local officials, as appropriate, the Secretary shall take appropriate action,
through agreements under section 287(g) of the INA, or otherwise, to author-
ize State and local law enforcement officials, as the Secretary determines
are qualified and appropriate, to perform the functions of immigration officers
in relation to the investigation, apprehension, or detention of aliens in
the United States under the direction and the supervision of the Secretary.
Such authorization shall be in addition to, rather than in place of, Federal
performance of these duties.
(c) To the extent permitted by law, the Secretary may structure each
agreement under section 287(g) of the INA in the manner that provides
the most effective model for enforcing Federal immigration laws and obtain-
ing operational control over the border for that jurisdiction.
Sec. 11. Parole, Asylum, and Removal. It is the policy of the executive
branch to end the abuse of parole and asylum provisions currently used
to prevent the lawful removal of removable aliens.
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(a) The Secretary shall immediately take all appropriate action to ensure
that the parole and asylum provisions of Federal immigration law are not
illegally exploited to prevent the removal of otherwise removable aliens.
(b) The Secretary shall take all appropriate action, including by promul-
gating any appropriate regulations, to ensure that asylum referrals and cred-
ible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C.
1125(b)(1)) and 8 CFR 208.30, and reasonable fear determinations pursuant
to 8 CFR 208.31, are conducted in a manner consistent with the plain
language of those provisions.
(c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall
take appropriate action to apply, in his sole and unreviewable discretion,
the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens
designated under section 235(b)(1)(A)(iii)(II).
(d) The Secretary shall take appropriate action to ensure that parole author-
ity under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised
only on a case-by-case basis in accordance with the plain language of the
statute, and in all circumstances only when an individual demonstrates
urgent humanitarian reasons or a significant public benefit derived from
such parole.
(e) The Secretary shall take appropriate action to require that all Depart-
ment of Homeland Security personnel are properly trained on the proper
application of section 235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and section 462(g)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), to ensure that
unaccompanied alien children are properly processed, receive appropriate
care and placement while in the custody of the Department of Homeland
Security, and, when appropriate, are safely repatriated in accordance with
law.
Sec. 12. Authorization to Enter Federal Lands. The Secretary, in conjunction
with the Secretary of the Interior and any other heads of agencies as nec-
essary, shall take all appropriate action to:
(a) permit all officers and employees of the United States, as well as
all State and local officers as authorized by the Secretary, to have access
to all Federal lands as necessary and appropriate to implement this order;
and
(b) enable those officers and employees of the United States, as well
as all State and local officers as authorized by the Secretary, to perform
such actions on Federal lands as the Secretary deems necessary and appro-
priate to implement this order.
Sec. 13. Priority Enforcement. The Attorney General shall take all appropriate
steps to establish prosecution guidelines and allocate appropriate resources
to ensure that Federal prosecutors accord a high priority to prosecutions
of offenses having a nexus to the southern border.
Sec. 14. Government Transparency. The Secretary shall, on a monthly basis
and in a publicly available way, report statistical data on aliens apprehended
at or near the southern border using a uniform method of reporting by
all Department of Homeland Security components, in a format that is easily
understandable by the public.
Sec. 15. Reporting. Except as otherwise provided in this order, the Secretary,
within 90 days of the date of this order, and the Attorney General, within
180 days, shall each submit to the President a report on the progress of
the directives contained in this order.
Sec. 16. Hiring. The Office of Personnel Management shall take appropriate
action as may be necessary to facilitate hiring personnel to implement this
order.
Sec. 17. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
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(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, 2017.
[FR Doc. 2017–02095
Filed 1–27–17; 11:15 am]
Billing code 3295–F7–P
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| Border Security and Immigration Enforcement Improvements | 2017-01-25T00:00:00 | 18e69937b2affdb07c4da89c43ec73ac41d98649c1a98ba4431e738a6b653610 |
Presidential Executive Order | 2017-02762 (13772) | Presidential Documents
9965
Federal Register
Vol. 82, No. 25
Wednesday, February 8, 2017
Title 3—
The President
Executive Order 13772 of February 3, 2017
Core Principles for Regulating the United States Financial
System
By the power 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 shall be the policy of my Administration to regulate
the United States financial system in a manner consistent with the following
principles of regulation, which shall be known as the Core Principles:
(a) empower Americans to make independent financial decisions and in-
formed choices in the marketplace, save for retirement, and build individual
wealth;
(b) prevent taxpayer-funded bailouts;
(c) foster economic growth and vibrant financial markets through more
rigorous regulatory impact analysis that addresses systemic risk and market
failures, such as moral hazard and information asymmetry;
(d) enable American companies to be competitive with foreign firms in
domestic and foreign markets;
(e) advance American interests in international financial regulatory negotia-
tions and meetings;
(f) make regulation efficient, effective, and appropriately tailored; and
(g) restore public accountability within Federal financial regulatory agen-
cies and rationalize the Federal financial regulatory framework.
Sec. 2. Directive to the Secretary of the Treasury. The Secretary of the
Treasury shall consult with the heads of the member agencies of the Financial
Stability Oversight Council and shall report to the President within 120
days of the date of this order (and periodically thereafter) on the extent
to which existing laws, treaties, regulations, guidance, reporting and record-
keeping requirements, and other Government policies promote the Core Prin-
ciples and what actions have been taken, and are currently being taken,
to promote and support the Core Principles. That report, and all subsequent
reports, shall identify any laws, treaties, regulations, guidance, reporting
and recordkeeping requirements, and other Government policies that inhibit
Federal regulation of the United States financial system in a manner con-
sistent with the Core Principles.
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.
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(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 3, 2017.
[FR Doc. 2017–02762
Filed 2–7–17; 11:15 am]
Billing code 3295–F7–P
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| Core Principles for Regulating the United States Financial System | 2017-02-03T00:00:00 | 667666e2a34d08db6a51ba9659bed2f6584b1dd795b634e580d6f9bc867ff8f3 |
Presidential Executive Order | 2017-01799 (13765) | Presidential Documents
8351
Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Presidential Documents
Executive Order 13765 of January 20, 2017
Minimizing the Economic Burden of the Patient Protection
and Affordable Care Act Pending Repeal
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. It is the policy of my Administration to seek the prompt repeal
of the Patient Protection and Affordable Care Act (Public Law 111–148),
as amended (the ‘‘Act’’). In the meantime, pending such repeal, it is impera-
tive for the executive branch to ensure that the law is being efficiently
implemented, take all actions consistent with law to minimize the unwar-
ranted economic and regulatory burdens of the Act, and prepare to afford
the States more flexibility and control to create a more free and open
healthcare market.
Sec. 2. To the maximum extent permitted by law, the Secretary of Health
and Human Services (Secretary) and the heads of all other executive depart-
ments and agencies (agencies) with authorities and responsibilities under
the Act shall exercise all authority and discretion available to them to
waive, defer, grant exemptions from, or delay the implementation of any
provision or requirement of the Act that would impose a fiscal burden
on any State or a cost, fee, tax, penalty, or regulatory burden on individuals,
families, healthcare providers, health insurers, patients, recipients of
healthcare services, purchasers of health insurance, or makers of medical
devices, products, or medications.
Sec. 3. To the maximum extent permitted by law, the Secretary and the
heads of all other executive departments and agencies with authorities and
responsibilities under the Act, shall exercise all authority and discretion
available to them to provide greater flexibility to States and cooperate with
them in implementing healthcare programs.
Sec. 4. To the maximum extent permitted by law, the head of each department
or agency with responsibilities relating to healthcare or health insurance
shall encourage the development of a free and open market in interstate
commerce for the offering of healthcare services and health insurance, with
the goal of achieving and preserving maximum options for patients and
consumers.
Sec. 5. To the extent that carrying out the directives in this order would
require revision of regulations issued through notice-and-comment rule-
making, the heads of agencies shall comply with the Administrative Proce-
dure Act and other applicable statutes in considering or promulgating such
regulatory revisions.
Sec. 6. (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.
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(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, 2017.
[FR Doc. 2017–01799
Filed 1–23–17; 2:00 pm]
Billing code 3295–F7–P
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| Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal | 2017-01-20T00:00:00 | 524c1df1a0554637bcfe22d5400dde88057a2c23e60f038f16a2971096ce2bac |
Presidential Executive Order | 2017-01623 (13764) | Presidential Documents
8115
Federal Register
Vol. 82, No. 13
Monday, January 23, 2017
Title 3—
The President
Executive Order 13764 of January 17, 2017
Amending the Civil Service Rules, Executive Order 13488,
and Executive Order 13467 To Modernize the Executive
Branch-Wide Governance Structure and Processes for Secu-
rity Clearances, Suitability and Fitness for Employment, and
Credentialing, and Related Matters
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and as part of continuing efforts
to modernize the overarching executive branch enterprise to ensure that
all persons performing work for or on behalf of the Government are and
continue to be loyal to the United States, reliable, trustworthy, and of
good conduct and character, and by using mutually consistent standards
and procedures, it is hereby ordered as follows:
Section 1. Amendments to the Civil Service Rules. (a) Civil Service Rule
II is amended as follows:
(i) The title to 5 CFR Part 2 is revised to read as follows:
‘‘PART 2—APPOINTMENT THROUGH THE COMPETITIVE SERVICE;
RELATED MATTERS (RULE II)’’
(ii) The title to 5 CFR 2.1 is revised to read as follows:
‘‘§ 2.1 Competitive examinations and eligible registers; suitability and
fitness for civil service employment.’’
(iii) 5 CFR 2.1(a) is revised to read as follows:
‘‘(a) OPM shall be responsible for:
‘‘(i) Open competitive examinations for admission to the competitive
service that will fairly test the relative capacity and fitness of the per-
sons examined for the position to be filled.
‘‘(ii) Standards with respect to citizenship, age, education, training
and experience, physical and mental fitness, and for residence or
other requirements that applicants must meet to be admitted to or
rated in examinations.
‘‘(iii) Standards of suitability based on character and conduct for ap-
pointment to a position in the competitive service, for appointment
to a position in the excepted service where the incumbent can be
noncompetitively converted to the competitive service, and for career
appointment to a position in the Senior Executive Service.
‘‘(iv) Minimum standards of fitness based on character and conduct
for appointment in any other position in the excepted service of the
executive branch, except for (A) positions in any element of the intel-
ligence community as defined in the National Security Act of 1947,
as amended, to the extent they are not otherwise subject to OPM ap-
pointing authorities, and (B) positions where OPM is statutorily pre-
cluded from prescribing such standards.’’
(b) Civil Service Rule V is amended as follows:
(i) 5 CFR 5.2(a) is revised to read as follows:
‘‘(a) Investigating the qualifications, suitability, and fitness of applicants
for positions in the competitive service, positions in the excepted service
where the incumbent can be noncompetitively converted to the competitive
service, career appointments to positions in the Senior Executive Service,
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and any other positions in the excepted service of the executive branch
for which the Director has standard-setting responsibility under Civil Serv-
ice Rule II.
‘‘(i) The Director may require appointments to be made subject to in-
vestigation to enable the Director to determine, after appointment, that
the requirements of law or the Civil Service Rules and Regulations
have been met.
‘‘(ii) The Director may cause positions to be designated based on risk
to determine the appropriate level of investigation, and may prescribe
investigative standards, policies, and procedures.
‘‘(iii) The Director may prescribe standards for reciprocal acceptance
by agencies of investigations and adjudications of suitability and fit-
ness, except to the extent authority to apply additional fitness stand-
ards is vested by statute in an agency.’’
(ii) 5 CFR 5.3(a)(1) is revised by striking ‘‘disqualified for Federal employ-
ment’’ and inserting in lieu thereof ‘‘disqualified or unsuitable for Federal
employment.’’
(c) Civil Service Rule VI is amended as follows:
(i) 5 CFR 6.3(b) is revised to read as follows:
‘‘(b) To the extent permitted by law and the provisions of this part,
and subject to the suitability and fitness requirements of the applicable
Civil Service Rules and Regulations, appointments and position changes
in the excepted service shall be made in accordance with such regulations
and practices as the head of the agency concerned finds necessary.’’
Sec. 2. Amendment to Executive Order 13488 of January 16, 2009. (a) Section
1(a) of Executive Order 13488 is revised to read as follows:
‘‘Section 1. Policy. (a) When agencies conduct fitness determinations, prior
favorable fitness or suitability determinations shall be granted reciprocal
recognition, to the extent practicable.’’
(b) Section 2 of Executive Order 13488 is revised to read as follows:
‘‘(a) ‘Agency’ means an executive agency as defined in section 105 of
title 5, United States Code, but does not include the Government Account-
ability Office.
‘‘(b) ‘Contractor employee’ means an individual who performs work for
or on behalf of any agency under a contract and who, in order to perform
the work specified under the contract, will require access to space, informa-
tion, information technology systems, staff, or other assets of the Federal
Government, and who could, by the nature of his or her access or duties,
adversely affect the integrity or efficiency of the Government. Such con-
tracts, include, but are not limited to:
‘‘(i) personal services contracts;
‘‘(ii) contracts between any non-Federal entity and any agency; and
‘‘(iii) sub-contracts between any non-Federal entity and another non-
Federal entity to perform work related to the primary contract with the
agency.
‘‘(c) ‘Excepted service’ has the meaning provided in section 2103 of title
5, United States Code, but does not include those positions in any element
of the intelligence community as defined in the National Security Act
of 1947, as amended, to the extent they are not otherwise subject to
Office of Personnel Management appointing authorities.
‘‘(d) ‘Fitness’ is the level of character and conduct determined necessary
for an individual to perform work for or on behalf of a Federal agency
as an employee in the excepted service (other than a position subject
to suitability), as a contractor employee, or as a nonappropriated fund
employee.
‘‘(e) ‘Fitness determination’ means a decision by an agency that an indi-
vidual has or does not have the required level of character and conduct
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necessary to perform work for or on behalf of a Federal agency as an
employee in the excepted service (other than a position subject to suit-
ability), as a contractor employee, or as a nonappropriated fund employee.
A favorable fitness determination is not a decision to appoint or contract
with an individual.
‘‘(f) ‘Nonappropriated fund employee’ means an employee paid from non-
appropriated funds of an instrumentality of the United States under the
jurisdiction of the Armed Forces conducted for the comfort, pleasure,
contentment, and mental and physical improvement of personnel of the
Armed Forces as described in section 2105 of title 5, United States Code.
‘‘(g) ‘Position of Public Trust’ has the meaning provided in 5 CFR Part
731.
‘‘(h) ‘Suitability’ has the meaning and coverage provided in 5 CFR Part
731.
(c) Section 3 of Executive Order 13488 is revised to read as follows:
‘‘OPM and Agency Authority.
‘‘(a) Adjudications for determining fitness for contractual or non-
appropriated fund employment. While the Office of Personnel Management
establishes the minimum adjudicative criteria for suitability and fitness
determinations for employment in the civil service pursuant to the Civil
Service Rules, the heads of agencies retain the discretion to establish
adjudicative criteria for determining fitness to perform work as a contractor
employee or as a nonappropriated fund employee. Such discretion shall
be exercised with due regard to the regulations and guidance prescribed
by the Office of Personnel Management for the civil service and, for
contractual work, subject to applicable regulations and directives of the
Office of Management and Budget.
‘‘(b) Investigations for determining fitness for contractual or non-
appropriated fund employment. Contractor employee fitness or non-
appropriated fund employee fitness is subject to the same position designa-
tion requirements and investigative standards, policies, and procedures
as fitness determinations for civil service employees, as prescribed by
the Office of Personnel Management under the Civil Service Rules.
‘‘(c) Reciprocity. Fitness determinations and investigations for fitness deter-
minations for contractor employees and for nonappropriated fund employ-
ees are subject to the same reciprocity requirements as those for employ-
ment in the civil service, as prescribed by the Office of Personnel Manage-
ment under the Civil Service Rules.’’
(d) Executive Order 13488 is revised by striking section 4 in its entirety,
and redesignating sections 5 through 8 as sections 4 through 7, respectively.
Sec. 3. Amendments to Executive Order 13467 of June 30, 2008, as amended.
(a) The preamble to Executive Order 13467 is revised to read as follows:
‘‘By the authority vested in me as President by the Constitution and
the laws of the United States of America, including sections 3301, 7103(b),
and 7301 of title 5, United States Code, and in order to strengthen and
ensure a secure, efficient, timely, reciprocal, and aligned system for inves-
tigating and determining suitability or fitness for Government employment,
fitness to work as a contractor or a nonappropriated fund employee, eligibility
for access to classified information or to hold a sensitive position, and
authorization to be issued a Federal credential, while providing fair, impar-
tial, and equitable treatment, and protecting individual rights under the
Constitution and laws of the United States, and taking appropriate account
of title III of Public Law 108–458, it is hereby ordered as follows:’’
(b) Section 1.1 of Executive Order 13467 is revised to read as follows:
‘‘Section 1.1. Policy. (a) Executive branch vetting policies and procedures
relating to suitability, contractor or Federal employee fitness, eligibility to
hold a sensitive position, authorization to be issued a Federal credential
for access to federally controlled facilities and information systems, and
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eligibility for access to classified information shall be aligned using consistent
standards to the extent possible, shall provide for reciprocal recognition,
and shall ensure cost-effective, timely, and efficient protection of the national
interest, while providing fair treatment to those upon whom the Federal
Government relies to conduct our Nation’s business and protect national
security.
‘‘(b) The Government’s tools, systems, and processes for conducting these
background investigations and managing sensitive investigative information
should keep pace with technological advancements, regularly integrating
current best practices to better anticipate, detect, and counter malicious
activities, and threats posed by external or internal actors who may seek
to do harm to the Government’s personnel, property, and information.
To help fulfill these responsibilities, there shall be a primary executive
branch investigative service provider whose mission is to provide effective,
efficient, and secure background investigations for the Federal Government.
‘‘(c) Executive branch vetting policies and procedures shall be sustained
by an enhanced risk-management approach that facilitates early detection
of issues by an informed, aware, and responsible Federal workforce; results
in quality decisions enabled by improved vetting capabilities; and advances
Government-wide capabilities through enterprise approaches.
‘‘(d) The appointment or retention of each covered individual shall be
subject to an investigation. Federal investigative standards established pur-
suant to this order shall be designed to develop information as to whether
the employment or retention in employment in the Federal service of
the person being investigated is clearly consistent with the interests of
the national security, and the scope of the investigation shall be determined
in the first instance according to the degree of material adverse effect
the occupant of the position sought to be filled could bring about, by
virtue of the nature of the position, on the national security.’’
‘‘(e) Investigative agencies shall control the reports, information, and other
investigative materials that are developed during the vetting process. Re-
cipient departments and agencies may retain and use the received reports,
information, and other investigative material within that recipient for au-
thorized purposes (including, but not limited to, adjudications, hearings
and appeals, continuous evaluation, inspector general functions, counter-
intelligence, research, and insider threat programs), in compliance with
the Privacy Act of 1974, as amended (section 552a of title 5, United
States Code). Investigative agencies shall ensure that their applicable Sys-
tem of Records Notices include, at a minimum, the authorized uses of
the recipient departments and agencies such as those set forth above.
Recipient departments and agencies shall not make any external releases
of received information, other than to an investigative subject for the
purpose of providing procedural rights or administrative due process;
and shall direct any other requests for external releases of copies of
the reports, information, and other investigative materials to the investiga-
tive agency. In the event redisclosure by the recipient agency is required
by compulsory legal process, the recipient agency shall consult with the
investigating agency. The investigative agency shall maintain the reports,
information, and other investigative material in a system of records subject
to the Privacy Act and ensure that any re-disclosure does not violate
statutory restrictions or result in the unauthorized disclosure of: classified
information, information subject to a claim of privilege, or information
that is otherwise lawfully exempt from disclosure. Subject to Security
Executive Agent authorizations consistent with section 3341(e)(5) of title
50, United States Code, the investigative agencies shall make reports,
information, and other investigative material available, as necessary, to
carry out the responsibilities set forth in this order, including but not
limited to, authorized executive branch-sponsored research and initiatives
for enterprise-wide continuous performance improvement of vetting policy
and procedures, as permitted by law.’’
(c) Section 1.2 of Executive Order 13467 is revised to read as follows:
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‘‘Sec. 1.2. Applicability. (a) This order applies to vetting of all covered
individuals as defined in section 1.3(h), except that:
‘‘(i) the provisions regarding eligibility for physical access to federally
controlled facilities and logical access to federally controlled information
systems do not apply to individuals exempted in accordance with guidance
pursuant to the Federal Information Security Management Act (title III
of Public Law 107–347) and Homeland Security Presidential Directive
12 of August 27, 2004; and
‘‘(ii) the qualification standards for enlistment, appointment, and induc-
tion into the Armed Forces pursuant to title 10, United States Code,
are unaffected by this order.
‘‘(b) This order also applies to vetting for employees of agencies working
in or for the legislative or judicial branches when the vetting is conducted
by the executive branch.’’
(d) Section 1.3(a) of Executive Order 13467 is revised to read as follows:
‘‘(a) ‘Adjudication’ means the evaluation of pertinent data in a background
investigation, as well as any other available information that is relevant
and reliable, to determine whether a covered individual is:
‘‘(i) suitable for Government employment;
‘‘(ii) eligible for logical and physical access;
‘‘(iii) eligible for access to classified information;
‘‘(iv) eligible to hold a sensitive position; or
‘‘(v) fit to perform work for or on behalf of the Government as a Federal
employee, contractor, or nonappropriated fund employee.’’
(e) Sections 1.3(c) and 1.3(d) of Executive Order 13467 are revised to
read as follows:
‘‘(c) ‘Classified information’ means information that has been determined
pursuant to Executive Order 13526 of December 29, 2009, or a successor
or predecessor order, or the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.) to require protection against unauthorized disclosure.
‘‘(d) ‘Continuous evaluation (CE)’ means a vetting process to review the
background of an individual who has been determined to be eligible
for access to classified information or to hold a sensitive position at
any time during the period of eligibility. CE leverages a set of automated
record checks and business rules to assist in the on-going assessment
of an individual’s continued eligibility. CE is intended to complement
continuous vetting efforts.’’
(f) Section 1.3(f) of Executive Order 13467 is deleted.
(g) Sections 1.3(j), (k), (l), and (m) are redesignated as sections 1.3(m),
(n), (o), and (p); sections 1.3(g), (h), and (i) are redesignated as sections
1.3(h), (i), and (j); and section 1.3(e) is redesignated as section 1.3(g).
(h) New sections 1.3(e) and 1.3(f) are added to Executive Order 13467
to read as follows:
‘‘(e) ‘Continuous performance improvement’ means assessing national pol-
icy and operations, adverse events, and emerging trends and technology
throughout the Government’s end-to-end vetting program. It relies on re-
search to generate data-driven decisions and uses outcome-based measure-
ments to adjust policy and operations.
‘‘(f) ‘Continuous vetting’ means reviewing the background of a covered
individual at any time to determine whether that individual continues
to meet applicable requirements.’’
(i) Redesignated section 1.3(h) of Executive Order 13467 is revised to
read as follows:
‘‘(h) ‘Covered individual’ means a person who performs, or who seeks
to perform, work for or on behalf of the executive branch (e.g., Federal
employee, military member, or contractor), or otherwise interacts with
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the executive branch such that the individual must undergo vetting, but
does not include:
‘‘(i) the President or (except to the extent otherwise directed by the
President) employees of the President under section 105 or 107 of title
3, United States Code;
‘‘(ii) the Vice President or (except to the extent otherwise directed
by the Vice President) employees of the Vice President under section
106 of title 3, United States Code, or annual legislative branch appropria-
tions acts; or
‘‘(iii) with respect to background investigations only, duly elected or
appointed governor of a State or territory, or an official who has succeeded
to that office under applicable law in accordance with Executive Order
13549 of August 18, 2010, and its implementing directive.’’
(j) New sections 1.3(k) and 1.3(l) are added to Executive Order 13467
to read as follows:
‘‘(k) ‘Fitness’ means the level of character and conduct determined nec-
essary for an individual to perform work for or on behalf of a Federal
agency as an employee in the excepted service (other than a position
subject to suitability), or as a ‘contractor employee’ or a ‘nonappropriated
fund employee’ as those terms are defined in Executive Order 13488
of January 16, 2009, as amended.
‘‘(l) ‘Investigation’ means the collection and analysis of pertinent facts
and data to support a determination of whether a covered individual
is, and continues to be:
‘‘(i) eligible for access to classified information;
‘‘(ii) eligible to hold a sensitive position;
‘‘(iii) suitable or fit for Federal employment;
‘‘(iv) fit to perform work for or on behalf of the Federal Government
as a contractor or nonappropriated fund employee; or
‘‘(v) authorized to be issued a Federal credential.’’
(k) Redesignated section 1.3(n) of Executive Order 13467 is revised to
read as follows:
‘‘(n) ‘National Background Investigations Bureau’ (NBIB) means the Na-
tional Background Investigations Bureau, established within the Office
of Personnel Management under section 1103(a)(3) of title 5, United States
Code, or a successor entity, with responsibility for conducting effective,
efficient, and secure personnel background investigations pursuant to law,
rule, regulation, or Executive Order.’’
(l) Redesignated section 1.3(o) of Executive Order 13467 is revised to
read as follows:
‘‘(o) ‘Sensitive Position’ means any position within or in support of a
department or agency, the occupant of which could bring about, by virtue
of the nature of the position, a material adverse effect on the national
security, regardless of whether the occupant has access to classified infor-
mation, and regardless of whether the occupant is an employee, a military
service member, or a contractor.
(m) New section 1.3(q) is added to Executive Order 13467 to read as
follows:
‘‘(q) ‘Vetting’ is the process by which covered individuals undergo inves-
tigation, evaluation, and adjudication of whether they are, and remain
over time, suitable or fit for Federal employment, eligible to occupy a
sensitive position, eligible for access to classified information, eligible
to serve as a nonappropriated fund employee or a contractor, eligible
to serve in the military, or authorized to be issued a Federal credential.
Vetting includes all steps in the end-to-end process, including determining
need (appropriate position designation), validating need (existence of a
current investigation or adjudication), collecting background information
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via standard forms, investigative activity, adjudication, providing adminis-
trative due process or other procedural rights, and ongoing assessments
to ensure that individuals continue to meet the applicable standards for
the position for which they were favorably adjudicated.’’
(n) The title to Part 2 of Executive Order 13467 is revised to read as
follows:
‘‘PART 2—VETTING ENTERPRISE, RECIPROCITY, CONTINUOUS PER-
FORMANCE IMPROVEMENT, AND GOVERNANCE’’
(o) Section 2.1 of Executive Order 13467 is revised to read as follows:
‘‘Sec. 2.1. Vetting Enterprise. (a) The executive branch-wide vetting enter-
prise shall use, to the greatest extent practicable, aligned and consistent
vetting policies, procedures, and standards, as determined by the Council
and the Executive Agents. The Executive Agents shall issue guidance to
implement this provision.
‘‘(b) The aligned executive branch-wide vetting enterprise shall employ
modern and consistent standards and methods, enable innovations with
enterprise information technology capabilities and end-to-end automation
to the extent practicable, and ensure that relevant information maintained
by agencies can be accessed and shared rapidly across the executive
branch, while protecting national security, protecting privacy-related infor-
mation, protecting civil rights and civil liberties, ensuring resulting deci-
sions are in the national interest and in accordance with due process
requirements, and providing the Federal Government with an effective
trusted workforce.
‘‘(c) The investigative and adjudicative standards for fitness shall, to the
extent practicable, be consistent with the standards for suitability. The
Executive Agents shall establish in Federal investigative standards the
elements of the level of investigation necessary for vetting for fitness.
‘‘(d) All covered individuals shall be subject to continuous vetting under
standards (including, but not limited to, the frequency of such vetting)
as determined by the Security Executive Agent or the Suitability and
Credentialing Executive Agent exercising its Suitability Executive Agent
functions, as applicable.
‘‘(e) Vetting shall include a search of records of the Federal Bureau of
Investigation, including a fingerprint-based search, and any other appro-
priate biometric or database searches not precluded by law.’’
(p) Sections 2.2, 2.3, 2.4, and 2.5 of Executive Order 13467 are redesignated
as sections 2.4, 2.5, 2.6, and 2.7.
(q) New sections 2.2 and 2.3 are added to Executive Order 13467 to
read as follows:
‘‘Sec. 2.2. Reciprocity. Except as otherwise authorized by law or policy
issued by the applicable Executive Agent, agencies shall accept background
investigations and adjudications conducted by other authorized agencies
unless an agency determines that a particular background investigation or
adjudication does not sufficiently address the standards used by that agency
in determining the fitness of its excepted service employees who cannot
be noncompetitively converted to the competitive service. Except as described
above and except to the extent authority to apply additional requirements
is vested by statute in an agency, an agency may not establish additional
investigative or adjudicative requirements (other than requirements for the
conduct of a polygraph examination consistent with law, directive, or regula-
tion) that exceed existing requirements without the approval of the Suitability
and Credentialing Executive Agent exercising its Suitability Executive Agent
functions or Security Executive Agent, as appropriate. Any additional require-
ments approved by the appropriate Executive Agent shall be limited to
those that are necessary to address significant needs unique to the agency
involved, to protect national security, or to satisfy a requirement imposed
by law.’’
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‘‘Sec. 2.3. Continuous Performance Improvement. Executive branch vetting
policies, processes, and procedures shall be supported by institutionalized
enterprise-wide continuous performance improvement, which shall align
with and support process improvements.’’
(r) Redesignated section 2.4 of Executive Order 13467 is revised to read
as follows:
‘‘Sec. 2.4. Establishment and Functions of Performance Accountability
Council. (a) There is hereby established a Security, Suitability, and
Credentialing Performance Accountability Council (Council).
‘‘(b) The Deputy Director for Management, Office of Management and
Budget, shall serve as Chair of the Council and shall have authority,
direction, and control over the Council’s functions. Membership on the
Council shall include the Suitability and Credentialing Executive Agent,
the Security Executive Agent, and the Under Secretary of Defense for
Intelligence. These four officials collectively shall constitute ‘the Security,
Suitability, and Credentialing Performance Accountability Council Prin-
cipals.’ The Director of the National Background Investigations Bureau
shall also serve as a member of the Council. The Chair shall select a
Vice Chair to act in the Chair’s absence. The Chair shall have authority
to designate officials from additional agencies who shall serve as members
of the Council. Council membership shall be limited to Federal Government
employees in leadership positions.
‘‘(c) The Council shall be accountable to the President to achieve, consistent
with this order, the goals of the executive branch vetting enterprise, and
is responsible for driving implementation of reform efforts and enterprise
development, ensuring accountability by agencies, ensuring the Executive
Agents align their respective processes, and sustaining continuous perform-
ance improvement and reform momentum.
‘‘(d) The Council shall:
‘‘(i)
ensure
enterprise-wide
alignment
of
suitability,
security,
credentialing, and as appropriate, fitness processes;
‘‘(ii) hold agencies accountable for the implementation of suitability,
security, fitness, and credentialing processes and procedures;
‘‘(iii) define requirements for enterprise-wide reciprocity management
information technology, and develop standards for enterprise-wide informa-
tion technology;
‘‘(iv) work with agencies to implement continuous performance improve-
ment programs, policies, and procedures; establish annual goals and
progress metrics; and prepare annual reports on results;
‘‘(v) ensure and oversee the development of tools and techniques for
enhancing background investigations and adjudications;
‘‘(vi) enable discussion and consensus resolution of differences in proc-
esses, policies, and procedures among the Council Principals, and other
agencies as appropriate;
‘‘(vii) share best practices;
‘‘(viii) advise the Executive Agents on policies affecting the alignment
of investigations and adjudications;
‘‘(ix) work with agencies to develop agency policies and procedures
to enable sharing of vetting information consistent with the law and the
protection of privacy and civil liberties and to the extent necessary for
enterprise-wide efficiency, effectiveness, and security;
‘‘(x) monitor performance to identify and drive enterprise-level process
enhancements, and make recommendations for changes to executive
branch-wide guidance and authorities to resolve overlaps or close policy
gaps where they may exist;
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‘‘(xi) promote data-driven, transparent, and expeditious policy-making
processes; and
‘‘(xii) develop and continuously reevaluate and revise outcome-based
metrics that measure the quality, efficiency and effectiveness of the vetting
enterprise.
‘‘(e) The Chair shall, to further the goals of the vetting enterprise and
to the extent consistent with law, establish subordinate entities, mecha-
nisms, and policies to support and assist in exercising the Council’s au-
thorities and responsibilities, and facilitate, consistent with the executive
branch’s enterprise strategy, adoption of enterprise-wide standards and
solutions to ensure security, quality, reciprocity, efficiency, effectiveness,
and timeliness. The Chair may assign, in whole or in part, to the head
of any agency (solely or jointly) any function within the Council’s authority
or responsibilities pursuant to this order.’’
(s) Redesignated section 2.5 of Executive Order 13467 is revised to read
as follows:
‘‘Sec. 2.5. Establishment, Designation, and Functions of Executive Agents.
(a) There are hereby established a Suitability and Credentialing Executive
Agent and a Security Executive Agent.
‘‘(b) The Director of the Office of Personnel Management shall serve as
the Suitability and Credentialing Executive Agent. With respect to the
Suitability Executive Agent functions, the Director:
‘‘(i) shall, pursuant to sections 1103 and 1104 of title 5, United States
Code, and the Civil Service Rules, be responsible for suitability and fitness
by prescribing suitability standards and minimum standards of fitness
for employment; prescribing position designation requirements with regard
to the risk to the efficiency and integrity of the service; prescribing applica-
ble investigative standards, policies, and procedures for suitability and
fitness; prescribing suitability and fitness reciprocity standards; making
suitability determinations; and taking suitability actions;
‘‘(ii) shall issue regulations, guidance, and standards to fulfill the Direc-
tor’s responsibilities related to suitability and fitness under Executive Order
13488 of January 16, 2009, as amended;
‘‘(iii) shall promote reciprocal recognition of suitability or fitness deter-
minations among the agencies, including acting as the final authority
to arbitrate and resolve disputes among the agencies involving the reci-
procity of investigations and adjudications of suitability and fitness;
‘‘(iv) shall continue to initially approve, and periodically review for
renewal, agencies’ requests to administer polygraphs in connection with
appointment in the competitive service, in consultation with the Security
Executive Agent as appropriate;
‘‘(v) shall make a continuing review of agency programs for suitability
and fitness vetting to determine whether they are being implemented
according to this order;
‘‘(vi) may issue guidelines and instructions to the heads of agencies
to promote appropriate uniformity, centralization, efficiency, effectiveness,
reciprocity, timeliness, and security in processes relating to determining
suitability or fitness; and
‘‘(vii) shall, pursuant to section 1104 of title 5, United States Code,
prescribe performance standards and a system of oversight for any suit-
ability or fitness function delegated by the Director to the head of another
agency, including uniform and consistent policies and procedures to ensure
the effective, efficient, timely, and secure completion of delegated func-
tions.
‘‘(c) With respect to the Credentialing Executive Agent functions, the
Director of the Office of Personnel Management:
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‘‘(i) shall develop standards for investigations, reinvestigations, and con-
tinuous vetting for a covered individual’s eligibility for a personal identity
verification credential permitting logical and physical access to federally
controlled facilities and federally controlled information systems (PIV cre-
dential);
‘‘(ii) shall develop adjudicative guidelines for a covered individual’s
eligibility for a PIV credential;
‘‘(iii) shall develop guidelines on reporting and recording determinations
of eligibility for a PIV credential;
‘‘(iv) shall develop standards for unfavorable determinations of eligibility
for a PIV credential, including procedures for denying and revoking the
eligibility for a PIV credential, for reconsideration of unfavorable deter-
minations, and for rendering the PIV credential inoperable;
‘‘(v) shall develop standards and procedures for suspending eligibility
for a PIV credential when there is a reasonable basis to believe there
may be an unacceptable risk pending an inquiry or investigation, including
special standards and procedures for imminent risk;
‘‘(vi) shall be responsible for developing uniform and consistent policies
and procedures to ensure the effective, efficient, timely, and secure comple-
tion of investigations and adjudications relating to eligibility for a PIV
credential;
‘‘(vii) may develop guidelines and instructions to the heads of agencies
as necessary to ensure appropriate uniformity, centralization, efficiency,
effectiveness, and timeliness in processes relating to eligibility for a PIV
credential;
‘‘(viii) shall monitor and make a continuing review of agency programs
for determining eligibility for a PIV credential to determine whether they
are being implemented according to this order; and
‘‘(ix) shall consult to the extent practicable with other agencies with
responsibilities related to PIV credentials to ensure that policies and proce-
dures are consistent with law including:
‘‘(A) the Office of Management and Budget, in exercising its respon-
sibilities under section 11331 of title 40, United States Code, section
3553(a) of title 44, United States Code, division A, sections 1086(b)(2)
and (b)(3) of Public Law 114–92, and Homeland Security Presidential
Directive 12 of August 27, 2004;
‘‘(B) the Department of Homeland Security, in exercising its respon-
sibilities under sections 3553(b), (f), and (g) of title 44, United States
Code;
‘‘(C) the Department of Defense, in exercising its responsibilities under
section 3553(e) of title 44, United States Code, and division A, sec-
tions 1086(a)(1)(E), (b)(1), and (b)(2) of Public Law 114–92;
‘‘(D) the Office of the Director of National Intelligence, in exercising
its responsibilities under section 3553(e) of title 44, United States
Code, and division A, section 1086(b)(2) of Public Law 114–92;
‘‘(E) the Department of Commerce and the National Institute of Stand-
ards and Technology, in exercising their responsibilities under section
278g–3 of title 15, United States Code, and Homeland Security Presi-
dential Directive 12 of August 27, 2004;
‘‘(F) the General Services Administration, in exercising its responsibil-
ities under division A, section 1086(b)(2) of Public Law 114–92; and
‘‘(G) the Federal Acquisition Regulation agencies, in exercising their
responsibilities under chapter 137 of title 10, section 121(c) of title
40, and section 20113 of title 51, United States Code.
‘‘(d) In fulfilling the Credentialing Executive Agent function of developing
policies and procedures for determining eligibility for a PIV credential
and to protect the national security, the Director of the Office of Personnel
Management shall coordinate with and obtain the concurrence of the
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other Council Principals. Agencies with authority to establish standards
or guidelines or issue instructions related to PIV credentials shall retain
the discretion as to whether to establish policies, guidelines, or instructions
developed by the Credentialing Executive Agent.
‘‘(e) The Director of National Intelligence shall serve as the Security Execu-
tive Agent. The Security Executive Agent:
‘‘(i) shall direct the oversight of investigations, reinvestigations, adjudica-
tions, and, as applicable, polygraphs for eligibility for access to classified
information or eligibility to hold a sensitive position made by any agency;
‘‘(ii) shall make a continuing review of agencies’ national security back-
ground investigation and adjudication programs to determine whether they
are being implemented according to this order;
‘‘(iii) shall be responsible for developing and issuing uniform and con-
sistent policies and procedures to ensure the effective, efficient, timely,
and secure completion of investigations, polygraphs, and adjudications
relating to determinations of eligibility for access to classified information
or eligibility to hold a sensitive position;
‘‘(iv) may issue guidelines and instructions to the heads of agencies
to ensure appropriate uniformity, centralization, efficiency, effectiveness,
timeliness, and security in processes relating to determinations by agencies
of eligibility for access to classified information or eligibility to hold
a sensitive position, to include such matters as investigations, polygraphs,
adjudications, and reciprocity;
‘‘(v) may, if consistent with the national security, authorize exceptions
to or waivers of national security investigative requirements, and may
issue implementing or clarifying guidance as necessary;
‘‘(vi) shall serve as the final authority to designate an agency or agencies,
to the extent that it is not practicable to use the National Background
Investigations Bureau, to conduct investigations of persons who are pro-
posed for access to classified information or for eligibility to hold a sen-
sitive position to ascertain whether such persons satisfy the criteria for
obtaining and retaining access to classified information or eligibility to
hold a sensitive position;
‘‘(vii) shall serve as the final authority to designate an agency or agencies
to determine eligibility for access to classified information or eligibility
to hold a sensitive position in accordance with Executive Order 12968
of August 2, 1995, as amended;
‘‘(viii) shall ensure reciprocal recognition of eligibility for access to
classified information or eligibility to hold a sensitive position among
the agencies, including acting as the final authority to arbitrate and resolve
disputes among the agencies involving the reciprocity of investigations
and adjudications of eligibility; and
‘‘(ix) may assign, in whole or in part, to the head of any agency (solely
or jointly) any of the functions detailed in (i) through (viii) of this sub-
section, with the agency’s exercise of such assigned functions to be subject
to the Security Executive Agent’s oversight and with such terms and
conditions (including approval by the Security Executive Agent) as the
Security Executive Agent determines appropriate.
‘‘(f) Nothing in this section shall be construed in a manner that would
limit the authorities of the Director of the Office of Personnel Management,
the Director of National Intelligence, or the Secretary of Defense under
law.’’
(t) Redesignated section 2.6 of Executive Order 13467 is revised to read
as follows:
‘‘Sec. 2.6. Roles and Responsibilities of the National Background Investiga-
tions Bureau and the Department of Defense.
‘‘(a) The National Background Investigations Bureau shall:
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‘‘(1) serve as the primary executive branch service provider for back-
ground investigations for eligibility for access to classified information;
eligibility to hold a sensitive position; suitability or, for employees in
positions not subject to suitability, fitness for Government employment;
fitness to perform work for or on behalf of the Government as a contractor;
fitness to work as a nonappropriated fund employee, as defined in Execu-
tive Order 13488 of January 16, 2009, as amended; and authorization
to be issued a Federal credential for logical and physical access to federally
controlled facilities or information systems;
‘‘(2) provide effective, efficient, and secure personnel background inves-
tigations for the Federal Government;
‘‘(3) provide the Council information, to the extent permitted by law,
on matters of performance, timeliness, capacity, information technology
modernization, continuous performance improvement, and other relevant
aspects of NBIB operations;
‘‘(4) be headquartered in or near Washington, District of Columbia;
‘‘(5) have dedicated resources, including but not limited to a senior
privacy and civil liberties official;
‘‘(6) institutionalize interagency collaboration and leverage expertise
across the executive branch;
‘‘(7) continuously improve investigative operations, emphasizing infor-
mation accuracy and protection, and regularly integrate best practices,
including those identified by subject matter experts from industry, aca-
demia, or other relevant sources;
‘‘(8) conduct personnel background investigations in accordance with
uniform and consistent policies, procedures, standards, and requirements
established by the Security Executive Agent and the Suitability and
Credentialing Executive Agent exercising its Suitability Executive Agent
functions; and
‘‘(9) conduct other personnel background investigations as authorized
by law, rule, regulation, or Executive Order.’’
‘‘(b) The Secretary of Defense shall design, develop, deploy, operate, secure,
defend, and continuously update and modernize, as necessary, vetting
information technology systems that support all background investigation
processes conducted by the National Background Investigations Bureau.
Design and operation of the information technology systems for the Na-
tional Background Investigations Bureau shall comply with applicable
information technology standards and, to the extent practicable, ensure
security and interoperability with other background investigation informa-
tion technology systems. The Secretary of Defense shall operate the data-
base in the information technology systems containing appropriate data
relevant to the granting, denial, or revocation of eligibility for access
to classified information or eligibility for a sensitive position pertaining
to military, civilian, or Government contractor personnel, see section
3341(e) of title 50, United States Code, consistent with and following
an explicit delegation from the Director of the Office of Personnel Manage-
ment pursuant to section 1104 of title 5, United States Code.’’
‘‘(c) Delegations and designations of investigative authority in place on
the date of establishment of the National Background Investigations Bureau
shall remain in effect until amended or revoked. The National Background
Investigations Bureau, through the Director of the Office of Personnel
Management, shall be subject to the oversight of the Security Executive
Agent in the conduct of investigations for eligibility for access to classified
information or to hold a sensitive position; and to the oversight of the
Suitability and Credentialing Executive Agent in the conduct of investiga-
tions of suitability or fitness and logical and physical access, as provided
in section 2.5 of this order. The Council shall hold the National Background
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Investigations Bureau accountable for the fulfillment of the responsibilities
set forth in section 2.6(a) of this order.’’
(u) Subsections (b) and (c) of redesignated section 2.7 of Executive Order
13467 are revised to read as follows:
‘‘(b) Heads of agencies shall:
‘‘(i) designate, or cause to be designated, as a ‘sensitive position,’ any
position occupied by a covered individual in which the occupant could
bring about by virtue of the nature of the position, a material adverse
effect on the national security;
‘‘(ii) establish and maintain within their respective agencies, an effective
program to ensure that employment and retention of any covered individual
within the agency is clearly consistent with the interests of national security
and, as applicable, meets standards for eligibility for access to classified
information or to hold a sensitive position, suitability, fitness, or
credentialing, established by the respective Executive Agent;
‘‘(iii) carry out any function assigned to the agency head by the Chair,
and shall assist the Chair, the Council, the Executive Agents, the National
Background Investigations Bureau, and the Department of Defense in car-
rying out any function under sections 2.4, 2.5, and 2.6 of this order;
‘‘(iv) implement any policy or procedure established pursuant to this
order;
‘‘(v) to the extent permitted by law, make available to the Council,
the Executive Agents, the National Background Investigations Bureau, and
the Department of Defense such information as may be requested to imple-
ment this order, including information necessary to implement enterprise-
wide vetting policies and procedures;
‘‘(vi) except as authorized by section 3341(e)(5) of title 50, United States
Code, promptly furnish, or cause to be promptly furnished, to the Office
of Personnel Management the information deemed by the Executive Agents
to be necessary for purposes of record keeping and reciprocity including,
but not limited to, the date on which a background investigation is initiated,
the date on which the background investigation is closed, and the specific
adjudicative or access decision made. The Executive Agents shall determine
the appropriate timeline pursuant to which this information must be re-
ported to the Office of Personnel Management. The Executive Agents
shall maintain discretion to determine the scope of information needed
for record keeping and reciprocity purposes. The Office of Personnel Man-
agement shall regularly provide this information to the Director of National
Intelligence for national security purposes.
‘‘(vii) ensure that all actions taken under this order take account of
the counterintelligence interests of the United States, as appropriate; and
‘‘(viii) ensure that actions taken under this order are consistent with
the President’s constitutional authority to:
‘‘(A) conduct the foreign affairs of the United States;
‘‘(B) withhold information the disclosure of which could impair the
foreign relations, the national security, the deliberative processes of
the Executive, or the performance of the Executive’s constitutional du-
ties;
‘‘(C) recommend for congressional consideration such measures as the
President may judge necessary or expedient; and
‘‘(D) supervise the unitary executive branch.
‘‘(c) All investigations being conducted by agencies that develop informa-
tion indicating that an individual may have been subjected to coercion,
influence, or pressure to act contrary to the interests of the national
security, or information that the individual may pose a counterintelligence
or terrorist threat, or as otherwise provided by law, shall be referred
to the Federal Bureau of Investigation for potential investigation, and
may also be referred to other agencies where appropriate.’’
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(v) Section 3 of Executive Order 13467 is revised to read as follows:
‘‘Sec. 3. General Provisions. (a) Executive Order 13381 of June 27, 2005,
as amended, and Executive Order 10450 of April 27, 1953, as amended,
are revoked. By revoking Executive Order 10450 of April 27, 1953, as amend-
ed, there is no intent to alter the requirement for an investigation for national
security purposes or the ‘‘clearly consistent with the interest of national
security’’ standard prescribed by that Executive Order for making the deter-
minations referenced in section 2.7(b)(ii). Further, suitability, fitness,
credentialing, and national security eligibility regulations, standards and
guidance issued by, or interagency agreements entered into by, the Council,
the Executive Agents, or any agency pursuant to Executive Order 10450
of April 27, 1953, as amended, shall remain valid until superseded. Nothing
in this order shall:
‘‘(i) supersede, impede, or otherwise affect:
‘‘(A) Executive Order 10577 of November 23, 1954, as amended;
‘‘(B) Executive Order 12333 of December 4, 1981, as amended;
‘‘(C) Executive Order 12829 of January 6, 1993, as amended; or
‘‘(D) Executive Order 13526 of December 29, 2009; or
‘‘(ii) diminish or otherwise affect the denial and revocation procedures
provided to individuals covered by Executive Order 10865 of February
20, 1960, as amended; or
‘‘(iii) be applied in such a way as to affect any administrative proceeding
pending on the date of this order.
‘‘(b) Executive Order 12968 of August 2, 1995, is amended:
‘‘(i) by inserting: ‘Sec. 3.5. Continuous Evaluation. An individual who
has been determined to be eligible for or who currently has access to
classified information shall be subject to continuous evaluation as further
defined by and under standards (including, but not limited to, the fre-
quency of such evaluation) as determined by the Director of National
Intelligence.’; and
‘‘(ii) by striking ‘the Security Policy Board shall make recommendations
to the President through the Assistant to the President for National Security
Affairs’ in section 6.3(a) and inserting in lieu thereof ‘the Director of
National Intelligence shall serve as the final authority’;
‘‘(iii) by striking ‘Security Policy Board’ and inserting in lieu thereof
‘Security Executive Agent’ in each instance;
‘‘(iv) by striking ‘the Board’ in section 1.1(j) and inserting in lieu thereof
‘the Security Executive Agent’; and
‘‘(v) by inserting ‘or appropriate automated procedures’ in section 3.1(b)
after ‘by appropriately trained adjudicative personnel’.
‘‘(c) Provisions of Executive Order 12968 of August 2, 1995, as amended,
that apply to eligibility for access to classified information shall apply
to eligibility to hold any sensitive position regardless of whether that
sensitive position requires access to classified information, subject to the
Security Executive Agent issuing implementing or clarifying guidance re-
garding requirements for sensitive positions. Nothing in this order shall
supersede, impede, or otherwise affect the remainder of Executive Order
12968 of August 2, 1995, as amended.
‘‘(d) Nothing in this order shall be construed to impair or otherwise
affect the:
‘‘(i) authority granted by law to a 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.
‘‘(e) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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‘‘(f) Existing delegations of authority made pursuant to Executive Order
13381 of June 27, 2005, as amended, to any agency relating to granting
eligibility for access to classified information shall remain in effect, subject
to the exercise of authorities pursuant to this order to revise or revoke
such delegation.
‘‘(g) Existing delegations of authority made by the Office of Personnel
Management to any agency relating to suitability or fitness shall remain
in effect, subject to the exercise of authorities to revise or revoke such
delegations.
‘‘(h) If any provision of this order or the application of such provision
is held to be invalid, the remainder of this order shall not be affected.
‘‘(i) 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.’’
Sec. 4. General Provisions. (a) This order shall be implemented consistent
with applicable law and subject to the availability of appropriations.
(b) If any provision of this order or the application of such provision
is held to be invalid, the remainder of this order shall not be affected.
(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 17, 2017.
[FR Doc. 2017–01623
Filed 1–19–17; 11:15 am]
Billing code 3295–F7–P
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| Amending the Civil Service Rules, Executive Order 13488, and Executive Order 13467 To Modernize the Executive Branch-Wide Governance Structure and Processes for Security Clearances, Suitability and Fitness for Employment, and Credentialing, and Related Matters | 2017-01-17T00:00:00 | 93aea30a94ba1d80b802f3c06a3b8b524a7879a414b0e5cbd82c5020f837313c |
Presidential Executive Order | 2017-01489 (13763) | Presidential Documents
7621
Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Presidential Documents
Executive Order 13763 of January 13, 2017
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 that:
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 become otherwise unable
to perform the functions and duties of the office of Administrator:
(a) General Counsel;
(b) Assistant Administrator, Office of Solid Waste;
(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 Administration and Resources
Management;
(k) Assistant Administrator for the Office of Environmental Information;
(l) Regional Administrator, Region VII;
(m) Deputy Regional Administrator, Region II;
(n) Principal Deputy General Counsel;
(o) Principal Deputy Assistant Administrator for the Office of Enforcement
and Compliance Assurance; and
(p) Deputy Regional Administrator, Region V.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1(a)–(p) 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)–(p) of this order shall act as
Administrator unless that individual is otherwise eligible to so serve under
the Act.
(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.
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Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Presidential Documents
Sec. 3. Revocation. Executive Order 13737 of August 12, 2016 (Providing
an Order of Succession Within the Environmental Protection Agency), is
hereby revoked.
Sec. 4. Judicial Review. 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, 2017.
[FR Doc. 2017–01489
Filed 1–18–17; 11:15 am]
Billing code 3295–F7–P
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| Providing an Order of Succession Within the Environmental Protection Agency | 2017-01-13T00:00:00 | 8ff0285b2a6db5398ec11ca14c01cd99a91b3125a6b2b5f0cdc1d4297b0aca8b |
Presidential Executive Order | 2017-02102 (13768) | Presidential Documents
8799
Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Presidential Documents
Executive Order 13768 of January 25, 2017
Enhancing Public Safety in the Interior of the United States
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.), and in order to ensure the public
safety of the American people in communities across the United States
as well as to ensure that our Nation’s immigration laws are faithfully exe-
cuted, I hereby declare the policy of the executive branch to be, and order,
as follows:
Section 1. Purpose. Interior enforcement of our Nation’s immigration laws
is critically important to the national security and public safety of the
United States. Many aliens who illegally enter the United States and those
who overstay or otherwise violate the terms of their visas present a significant
threat to national security and public safety. This is particularly so for
aliens who engage in criminal conduct in the United States.
Sanctuary jurisdictions across the United States willfully violate Federal
law in an attempt to shield aliens from removal from the United States.
These jurisdictions have caused immeasurable harm to the American people
and to the very fabric of our Republic.
Tens of thousands of removable aliens have been released into communities
across the country, solely because their home countries refuse to accept
their repatriation. Many of these aliens are criminals who have served time
in our Federal, State, and local jails. The presence of such individuals
in the United States, and the practices of foreign nations that refuse the
repatriation of their nationals, are contrary to the national interest.
Although Federal immigration law provides a framework for Federal-State
partnerships in enforcing our immigration laws to ensure the removal of
aliens who have no right to be in the United States, the Federal Government
has failed to discharge this basic sovereign responsibility. We cannot faith-
fully execute the immigration laws of the United States if we exempt classes
or categories of removable aliens from potential enforcement. The purpose
of this order is to direct executive departments and agencies (agencies)
to employ all lawful means to enforce the immigration laws of the United
States.
Sec. 2. Policy. It is the policy of the executive branch to:
(a) Ensure the faithful execution of the immigration laws of the United
States, including the INA, against all removable aliens, consistent with Article
II, Section 3 of the United States Constitution and section 3331 of title
5, United States Code;
(b) Make use of all available systems and resources to ensure the efficient
and faithful execution of the immigration laws of the United States;
(c) Ensure that jurisdictions that fail to comply with applicable Federal
law do not receive Federal funds, except as mandated by law;
(d) Ensure that aliens ordered removed from the United States are promptly
removed; and
(e) Support victims, and the families of victims, of crimes committed
by removable aliens.
Sec. 3. Definitions. The terms of this order, where applicable, shall have
the meaning provided by section 1101 of title 8, United States Code.
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Sec. 4. Enforcement of the Immigration Laws in the Interior of the United
States. In furtherance of the policy described in section 2 of this order,
I hereby direct agencies to employ all lawful means to ensure the faithful
execution of the immigration laws of the United States against all removable
aliens.
Sec. 5. Enforcement Priorities. In executing faithfully the immigration laws
of the United States, the Secretary of Homeland Security (Secretary) shall
prioritize for removal those aliens described by the Congress in sections
212(a)(2), (a)(3), and (a)(6)(C), 235, and 237(a)(2) and (4) of the INA (8
U.S.C. 1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as
well as removable aliens who:
(a) Have been convicted of any criminal offense;
(b) Have been charged with any criminal offense, where such charge
has not been resolved;
(c) Have committed acts that constitute a chargeable criminal offense;
(d) Have engaged in fraud or willful misrepresentation in connection
with any official matter or application before a governmental agency;
(e) Have abused any program related to receipt of public benefits;
(f) Are subject to a final order of removal, but who have not complied
with their legal obligation to depart the United States; or
(g) In the judgment of an immigration officer, otherwise pose a risk to
public safety or national security.
Sec. 6. Civil Fines and Penalties. As soon as practicable, and by no later
than one year after the date of this order, the Secretary shall issue guidance
and promulgate regulations, where required by law, to ensure the assessment
and collection of all fines and penalties that the Secretary is authorized
under the law to assess and collect from aliens unlawfully present in the
United States and from those who facilitate their presence in the United
States.
Sec. 7. Additional Enforcement and Removal Officers. The Secretary, through
the Director of U.S. Immigration and Customs Enforcement, shall, to the
extent permitted by law and subject to the availability of appropriations,
take all appropriate action to hire 10,000 additional immigration officers,
who shall complete relevant training and be authorized to perform the
law enforcement functions described in section 287 of the INA (8 U.S.C.
1357).
Sec. 8. Federal-State Agreements. It is the policy of the executive branch
to empower State and local law enforcement agencies across the country
to perform the functions of an immigration officer in the interior of the
United States to the maximum extent permitted by law.
(a) In furtherance of this policy, the Secretary shall immediately take
appropriate action to engage with the Governors of the States, as well as
local officials, for the purpose of preparing to enter into agreements under
section 287(g) of the INA (8 U.S.C. 1357(g)).
(b) To the extent permitted by law and with the consent of State or
local officials, as appropriate, the Secretary shall take appropriate action,
through agreements under section 287(g) of the INA, or otherwise, to author-
ize State and local law enforcement officials, as the Secretary determines
are qualified and appropriate, to perform the functions of immigration officers
in relation to the investigation, apprehension, or detention of aliens in
the United States under the direction and the supervision of the Secretary.
Such authorization shall be in addition to, rather than in place of, Federal
performance of these duties.
(c) To the extent permitted by law, the Secretary may structure each
agreement under section 287(g) of the INA in a manner that provides the
most effective model for enforcing Federal immigration laws for that jurisdic-
tion.
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Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Presidential Documents
Sec. 9. Sanctuary Jurisdictions. It is the policy of the executive branch
to ensure, to the fullest extent of the law, that a State, or a political subdivi-
sion of a State, shall comply with 8 U.S.C. 1373.
(a) In furtherance of this policy, the Attorney General and the Secretary,
in their discretion and to the extent consistent with law, shall ensure that
jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary
jurisdictions) are not eligible to receive Federal grants, except as deemed
necessary for law enforcement purposes by the Attorney General or the
Secretary. The Secretary has the authority to designate, in his discretion
and to the extent consistent with law, a jurisdiction as a sanctuary jurisdic-
tion. The Attorney General shall take appropriate enforcement action against
any entity that violates 8 U.S.C. 1373, or which has in effect a statute,
policy, or practice that prevents or hinders the enforcement of Federal
law.
(b) To better inform the public regarding the public safety threats associated
with sanctuary jurisdictions, the Secretary shall utilize the Declined Detainer
Outcome Report or its equivalent and, on a weekly basis, make public
a comprehensive list of criminal actions committed by aliens and any juris-
diction that ignored or otherwise failed to honor any detainers with respect
to such aliens.
(c) The Director of the Office of Management and Budget is directed
to obtain and provide relevant and responsive information on all Federal
grant money that currently is received by any sanctuary jurisdiction.
Sec. 10. Review of Previous Immigration Actions and Policies. (a) The Sec-
retary shall immediately take all appropriate action to terminate the Priority
Enforcement Program (PEP) described in the memorandum issued by the
Secretary on November 20, 2014, and to reinstitute the immigration program
known as ‘‘Secure Communities’’ referenced in that memorandum.
(b) The Secretary shall review agency regulations, policies, and procedures
for consistency with this order and, if required, publish for notice and
comment proposed regulations rescinding or revising any regulations incon-
sistent with this order and shall consider whether to withdraw or modify
any inconsistent policies and procedures, as appropriate and consistent with
the law.
(c) To protect our communities and better facilitate the identification,
detention, and removal of criminal aliens within constitutional and statutory
parameters, the Secretary shall consolidate and revise any applicable forms
to more effectively communicate with recipient law enforcement agencies.
Sec. 11. Department of Justice Prosecutions of Immigration Violators. The
Attorney General and the Secretary shall work together to develop and
implement a program that ensures that adequate resources are devoted to
the prosecution of criminal immigration offenses in the United States, and
to develop cooperative strategies to reduce violent crime and the reach
of transnational criminal organizations into the United States.
Sec. 12. Recalcitrant Countries. The Secretary of Homeland Security and
the Secretary of State shall cooperate to effectively implement the sanctions
provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate.
The Secretary of State shall, to the maximum extent permitted by law,
ensure that diplomatic efforts and negotiations with foreign states include
as a condition precedent the acceptance by those foreign states of their
nationals who are subject to removal from the United States.
Sec. 13. Office for Victims of Crimes Committed by Removable Aliens. The
Secretary shall direct the Director of U.S. Immigration and Customs Enforce-
ment to take all appropriate and lawful action to establish within U.S.
Immigration and Customs Enforcement an office to provide proactive, timely,
adequate, and professional services to victims of crimes committed by remov-
able aliens and the family members of such victims. This office shall provide
quarterly reports studying the effects of the victimization by criminal aliens
present in the United States.
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Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Presidential Documents
Sec. 14. Privacy Act. Agencies shall, to the extent consistent with applicable
law, ensure that their privacy policies exclude persons who are not United
States citizens or lawful permanent residents from the protections of the
Privacy Act regarding personally identifiable information.
Sec. 15. Reporting. Except as otherwise provided in this order, the Secretary
and the Attorney General shall each submit to the President a report on
the progress of the directives contained in this order within 90 days of
the date of this order and again within 180 days of the date of this order.
Sec. 16. Transparency. To promote the transparency and situational aware-
ness of criminal aliens in the United States, the Secretary and the Attorney
General are hereby directed to collect relevant data and provide quarterly
reports on the following:
(a) the immigration status of all aliens incarcerated under the supervision
of the Federal Bureau of Prisons;
(b) the immigration status of all aliens incarcerated as Federal pretrial
detainees under the supervision of the United States Marshals Service; and
(c) the immigration status of all convicted aliens incarcerated in State
prisons and local detention centers throughout the United States.
Sec. 17. Personnel Actions. The Office of Personnel Management shall take
appropriate and lawful action to facilitate hiring personnel to implement
this order.
Sec. 18. 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.
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Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / 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, 2017.
[FR Doc. 2017–02102
Filed 1–27–17; 11:15 am]
Billing code 3295–F7–P
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| Enhancing Public Safety in the Interior of the United States | 2017-01-25T00:00:00 | 1fa0642c34c6ebc1ed50760a261b6c41ee08ec38642ac6bbd48f2bd0f3b43af6 |
Presidential Executive Order | 2023-16570 (14103) | Presidential Documents
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Executive Order 14103 of July 28, 2023
2023 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 additions and 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. Part II, Part III, Part IV, and Part V of the Manual for Courts-
Martial, United States, are amended as described in Annex 1, which is
attached to and made a part of this order. The amendments in Annex
1 shall take effect on the date of this order, subject to the following:
(a) Nothing in Annex 1 shall be construed to make punishable any act
committed or omitted prior to the date of this order that was not punishable
when committed or omitted.
(b) Nothing in Annex 1 shall be construed to invalidate any nonjudicial
punishment proceeding, restraint, preliminary hearing, referral of charges,
trial in which arraignment occurred, or other action begun prior to the
date of this order, and any such nonjudicial punishment proceeding, restraint,
preliminary hearing, referral of charges, trial in which arraignment occurred,
or other action may proceed in the same manner and with the same effect
as if the Annex 1 amendments had not been prescribed.
Sec. 2. Part I, Part II, Part III, Part IV, Part V, and Appendix 12A of
the Manual for Courts-Martial, United States, are amended as described
in Annex 2, which is attached to and made a part of this order. The
amendments in Annex 2 shall apply in accordance with the effective date
established by section 539C of the National Defense Authorization Act for
Fiscal Year 2022 (NDAA FY 2022), Public Law 117–81, subject to the fol-
lowing:
(a) Nothing in Annex 2 shall be construed to make punishable any act
committed or omitted prior to the effective date established by section
539C of the NDAA FY 2022.
(b) Nothing in Annex 2 shall be construed to invalidate any nonjudicial
punishment proceeding, restraint, preliminary hearing, referral of charges,
trial in which arraignment occurred, or other action begun prior to the
effective date established by section 539C of the NDAA FY 2022, and any
such nonjudicial punishment proceeding, restraint, preliminary hearing, re-
ferral of charges, trial in which arraignment occurred, or other action may
proceed in the same manner and with the same effect as if the Annex
2 amendments had not been prescribed.
Sec. 3. Appendix 12B, Appendix 12C, and Appendix 12D are added to
the Manual for Courts-Martial, United States, and Part II of the Manual
is amended as described in Annex 3, which is attached to and made a
part of this order. The additions and amendments in Annex 3 shall take
effect on December 27, 2023, and shall apply in accordance with section
539E(f) of the NDAA FY 2022 (10 U.S.C. 853 note), subject to the following:
(a) Nothing in Annex 3 shall be construed to make punishable any act
committed or omitted prior to the effective date established by section
539E(f) of the NDAA FY 2022.
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(b) Nothing in Annex 3 shall be construed to invalidate any nonjudicial
punishment proceeding, restraint, preliminary hearing, referral of charges,
trial in which arraignment occurred, or other action begun prior to the
effective date established by section 539E(f) of the NDAA FY 2022, and
any such nonjudicial punishment proceeding, restraint, preliminary hearing,
referral of charges, trial in which arraignment occurred, or other action
may proceed in the same manner and with the same effect as if the Annex
3 amendments had not been prescribed.
THE WHITE HOUSE,
July 28, 2023.
Billing code 3395–F3–P
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[FR Doc. 2023–16570
Filed 8–1–23; 8:45 am]
Billing code 5001–06–C
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| 2023 Amendments to the Manual for Courts-Martial, United States | 2023-07-28T00:00:00 | e1550c6aa0e2f191b7a4c2ace4837dbdb8f98a99c3f501e43d3aec63a5e460b9 |
Presidential Executive Order | 2017-01197 (13761) | Presidential Documents
5331
Federal Register
Vol. 82, No. 11
Wednesday, January 18, 2017
Title 3—
The President
Executive Order 13761 of January 13, 2017
Recognizing Positive Actions by the Government of Sudan
and Providing for the Revocation of Certain Sudan-Related
Sanctions
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.), the Trade Sanctions Reform and Export Enhance-
ment Act of 2000 (22 U.S.C. 7201–7211) (TSRA), the Comprehensive Peace
in Sudan Act of 2004, as amended (Public Law 108–497) (CPSA), the Darfur
Peace and Accountability Act of 2006 (Public Law 109–344) (DPAA), and
section 301 of title 3, United States Code,
I, BARACK OBAMA, President of the United States of America, find that
the situation that gave rise to the actions taken in Executive Order 13067
of November 3, 1997, and Executive Order 13412 of October 13, 2006,
related to the policies and actions of the Government of Sudan has been
altered by Sudan’s positive actions over the past 6 months. These actions
include a marked reduction in offensive military activity, culminating in
a pledge to maintain a cessation of hostilities in conflict areas in Sudan,
and steps toward the improvement of humanitarian access throughout Sudan,
as well as cooperation with the United States on addressing regional conflicts
and the threat of terrorism. Given these developments, and in order to
see these efforts sustained and enhanced by the Government of Sudan,
I hereby order:
Section 1. Effective July 12, 2017 and provided the criteria in section 12(b)
of this order are met, sections 1 and 2 of Executive Order 13067 of November
3, 1997, are revoked, and Executive Order 13412 of October 13, 2006, is
revoked in its entirety. The revocation of those provisions of Executive
Order 13067 and of Executive Order 13412 shall not affect any violation
of any rules, regulations, orders, licenses, or other forms of administrative
action under those orders during the period that those provisions were
in effect.
Sec. 2. Pursuant to section 908(a)(3) of TSRA, I hereby determine that
it is in the national security interest of the United States to waive, and
hereby waive, the application of section 908(a)(1) of TSRA with respect
to Sudan.
Sec. 3. Pursuant to section 6(d) of CPSA, I hereby determine and certify
that it is in the national interest of the United States to waive, and hereby
waive, the application of sections 6(a) and (b) of CPSA.
Sec. 4. The function of the President under section 6(c)(1) of CPSA is
assigned to the Secretary of the Treasury.
Sec. 5. The functions of the President under section 6(c)(2) and the last
sentence of section 6(d) of CPSA are assigned to the Secretary of State,
except that the function of denial of entry is assigned to the Secretary
of Homeland Security.
Sec. 6. The function of the President under section 8 of DPAA is assigned
to the Secretary of State.
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Sec. 7. The Secretary of the Treasury and the Secretary of Commerce are
authorized to issue regulations, licenses, and orders, and conduct such inves-
tigations as may be necessary, to implement the provisions of section 906
of TSRA.
Sec. 8. This order is not intended to, and does not, otherwise affect the
national emergency declared in Executive Order 13067 of November 3, 1997,
as expanded in scope by Executive Order 13400 of April 26, 2006, which
shall remain in place.
Sec. 9. 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.
Sec. 10. On or before July 12, 2017, the Secretary of State, in consultation
with the Secretary of the Treasury, the Director of National Intelligence,
and the Administrator of the U.S. Agency for International Development,
and based on a consideration of relevant and credible information from
available sources, including nongovernmental organizations, shall provide
to the President a report on whether the Government of Sudan has sustained
the positive actions that gave rise to this order, including carrying out
its pledge to maintain a cessation of hostilities in conflict areas in Sudan;
continued improvement of humanitarian access throughout Sudan; and main-
taining its cooperation with the United States on addressing regional conflicts
and the threat of terrorism. As much of the report as possible, consistent
with sources and methods, shall be unclassified and made public.
Sec. 11. (a) The Secretary of State, in consultation with the Secretary of
the Treasury, the Director of National Intelligence, and the Administrator
of the U.S. Agency for International Development, and based on a consider-
ation of relevant and credible information from available sources, including
nongovernmental organizations, shall provide to the President an updated
version of the report required in section 10 of this order annually thereafter.
As much of the report as possible, consistent with sources and methods,
shall be unclassified and made public. To the extent a report concludes
that the Government of Sudan has or has not sustained the positive actions
that gave rise to this order, the Secretary of State, in consultation with
the Secretary of the Treasury, the Director of National Intelligence, and
the Administrator of the U.S. Agency for International Development, shall
provide to the President recommendations on appropriate U.S. Government
responses.
(b) Concurrent with the provision of the reports required in section 11(a)
of this order, the Secretary of State, in consultation with the Secretary
of the Treasury, the Director of National Intelligence, and the Administrator
of the U.S. Agency for International Development, shall publish a notice
in the Federal Register stating whether the Government of Sudan has sus-
tained the positive actions that gave rise to this order.
Sec. 12. (a) This order is effective on January 13, 2017, except for sections
1, 4, 5, 6, and 7 of this order;
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(b) Sections 1, 4, 5, 6, and 7 of this order are effective on July 12,
2017, provided that the Secretary of State, in consultation with the Secretary
of the Treasury, the Director of National Intelligence, and the Administrator
of the U.S. Agency for International Development, has published a notice
in the Federal Register on or before that date, stating that the Government
of Sudan has sustained the positive actions that gave rise to this order
and that the Secretary of State has provided to the President the report
described in section 10 of this order.
THE WHITE HOUSE,
January 13, 2017.
[FR Doc. 2017–01197
Filed 1–17–17; 8:45 am]
Billing code 3295–F7–P
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| Recognizing Positive Actions by the Government of Sudan and Providing for the Revocation of Certain Sudan-Related Sanctions | 2017-01-13T00:00:00 | e1b3842e54924e3c6f7a8354e4c365bb4c6ffea2dda7a7e128f669a305b8ad85 |
Presidential Executive Order | 2017-01487 (13762) | Presidential Documents
7619
Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Presidential Documents
Executive Order 13762 of January 13, 2017
Providing an Order of Succession Within the Department of
Justice
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, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. Order of Succession. Subject to the provisions of section 2 of
this order, the following officers, in the order listed, shall act as and perform
the functions and duties of the office of Attorney General, during any period
in which the Attorney General, the Deputy Attorney General, the Associate
Attorney General, and any officers designated by the Attorney General pursu-
ant to 28 U.S.C. 508 to act as Attorney General have died, resigned, or
otherwise become unable to perform the functions and duties of the office
of Attorney General, until such time as at least one of the officers mentioned
above is able to perform the functions and duties of that office:
(a) United States Attorney for the District of Columbia;
(b) United States Attorney for the Northern District of Illinois; and
(c) United States Attorney for the Central District of California.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1 of this order in an acting capacity, by virtue of so serving,
shall act as Attorney General pursuant to this order.
(b) No individual listed in section 1 shall act as Attorney General unless
that individual is otherwise eligible to so serve under the Federal Vacancies
Reform Act of 1998.
(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 Attorney General.
Sec. 3. Executive Order 13557 of November 4, 2010, is revoked.
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Sec. 4. 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, 2017.
[FR Doc. 2017–01487
Filed 1–18–17; 11:15 am]
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Federal Register
Vol. 82, No. 10
Tuesday, January 17, 2017
Title 3—
The President
Executive Order 13758 of January 12, 2017
Amending Executive Order 11016 To Update Eligibility Cri-
teria for Award of the Purple Heart
By the authority vested in me as President and as Commander in Chief
of the armed forces by the Constitution and the laws of the United States
of America, Executive Order 11016 of April 25, 1962, as amended, is further
amended as follows:
Section 1. Paragraph 1 is amended to read as follows:
‘‘1. The Secretary of a military department, or the Secretary of Homeland
Security with regard to the Coast Guard when not operating as a service
in the Navy, shall, in the name of the President of the United States,
award the Purple Heart, with suitable ribbons and appurtenances, to any
member or former member of the armed forces under the jurisdiction of
that department who, while serving as a member of the armed forces, has
been, or may hereafter be, wounded:
(a) in any action against an enemy of the United States;
(b) in any action with an opposing armed force of a foreign country
in which the armed forces of the United States are or have been engaged;
(c) while serving with friendly foreign forces engaged in an armed conflict
against an opposing armed force in which the United States is not a
belligerent party;
(d) as the result of an act of any such enemy or opposing armed force;
(e) as the result of an act of any hostile foreign force;
(f) while being taken captive or while being held as a prisoner of war,
and for purposes of this paragraph a person is considered a prisoner
of war if the person is eligible for the Prisoner of War Medal pursuant
to section 1128 of title 10, United States Code;
(g) after March 28, 1973, as a result of an international terrorist attack
against the United States or a foreign nation friendly to the United States,
recognized as such an attack for the purposes of this order by the Secretary
of the department concerned, or jointly by the Secretaries of the depart-
ments concerned if persons from more than one department are wounded
in the attack;
(h) after March 28, 1973, as a result of military operations, while serving
outside the territory of the United States as part of a peacekeeping force;
(i) after September 10, 2001, in an attack that was motivated or inspired
by a foreign terrorist organization, which the Secretary of the department
concerned shall treat in the same manner as an international terrorist
attack, provided the attack specifically targeted the member due to his
or her military service as provided in section 1129a of title 10, United
States Code; or
(j) after December 6, 1941, by friendly weapon fire while directly engaged
in armed conflict, other than as the result of an act of an enemy of
the United States, an opposing armed force, or hostile foreign force.’’.
Sec. 2. Paragraph 2 is amended to read as follows:
‘‘2. The Secretary of a military department, or the Secretary of Homeland
Security with regard to the Coast Guard when not operating as a service
in the Navy, shall, in the name of the President of the United States,
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award the Purple Heart, with suitable ribbons and appurtenances, post-
humously, to any member of the armed forces under the jurisdiction of
that department covered by, and under the circumstances described in:
(a) paragraphs 1(a)–(f) who, after April 5, 1917;
(b) paragraphs 1(g)–(h) who, after March 28, 1973;
(c) paragraph 1(i) who, after September 10, 2001; or
(d) paragraph 1(j) who, after December 6, 1941, has been, or may hereafter
be, killed, or who has died or may hereafter die after being wounded.’’.
Sec. 3. Paragraph 3 is amended by inserting ‘‘been of such severity that
it’’ after ‘‘must have’’.
Sec. 4. Paragraphs 4, 5, 6, 7, and 8 are redesignated as paragraphs 5,
6, 7, 8, and 9, respectively.
Sec. 5. The following new paragraph 4 is inserted after paragraph 3:
‘‘4. The Purple Heart is not authorized for a wound or death that results
from the willful misconduct of the member.’’.
Sec. 6. Paragraph 6, as redesignated, is amended by striking ‘‘paragraph
4’’ and inserting in lieu thereof ‘‘paragraph 5’’.
Sec. 7. 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 12, 2017.
[FR Doc. 2017–01164
Filed 1–13–17; 11:15 am]
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Executive Order 13760 of January 12, 2017
Exclusions From the Federal Labor-Management Relations
Program
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 7103(b)(1) of title
5, United States Code, and in order to reflect the effects of the reorganization
and restructuring of the Department of Defense on its agencies and subdivi-
sions exempted from coverage under the Federal Labor-Management Relations
Program, it is hereby ordered as follows:
Section 1. Determinations. The agencies and subdivisions of the Department
of Defense set forth in section 2 of this order are hereby determined to
have as a primary function intelligence, counterintelligence, investigative,
or national security work. It is further determined that chapter 71 of title
5, United States Code, cannot be applied to these subdivisions in a manner
consistent with national security requirements and considerations.
Sec. 2. Department of Defense. Executive Order 12171 of November 19,
1979, as amended, is further amended by:
(a) revising section 1–204 to read as follows:
‘‘1–204. Agencies or subdivisions of the Department of the Army, Depart-
ment of Defense:
(a) Office of the Deputy Chief of Staff, G–2 (Intelligence), and all G–
2 Intelligence offices within Army Commands, Army Service Component
Commands, and Direct Reporting Units.
(b) United States Army Intelligence and Security Command.
(c) The following subdivisions of the United States Army Cyber Command
(ARCYBER) and Second Army:
(1) Headquarters, United States ARCYBER and Second Army.
(2) Joint Forces Headquarters—Cyber.
(3) Army Cyber Operations and Integration Center.
(d) United States Army Intelligence Center of Excellence (USAICoE), United
States Army Training and Doctrine Command (TRADOC).
(e) United States Army Cyber Protection Brigade, United States Army
Network Enterprise Technology Command.
(f) 114th Signal Battalion, 21st Signal Brigade, United States Army Network
Enterprise Technology Command.
(g) 302nd Signal Battalion, 21st Signal Brigade, United States Army Net-
work Enterprise Technology Command.
(h) United States Army Criminal Investigation Command (USACIDC).
(i) United States Army Special Operations Command (USASOC).
(j) Rapid Equipping Force (REF), United States Army Training and Doctrine
Command (TRADOC).
(k) Asymmetric Warfare Group (AWG), United States Army Training and
Doctrine Command (TRADOC).’’;
(b) revising section 1–205 to read as follows:
‘‘1–205. Agencies or subdivisions of the Department of the Navy, Depart-
ment of Defense:
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(a) Office of the Director of Naval Intelligence, and all Intelligence offices
within Navy Commands, Navy Service Component Commands, and Direct
Reporting Units, including the following:
(1) Naval Intelligence Activity.
(2) Office of Naval Intelligence.
(3) Farragut Technical Analysis Center.
(4) Nimitz Operational Intelligence Center.
(5) Hopper Information Services Center.
(6) Kennedy Irregular Warfare Center.
(7) Brooks Center for Maritime Engagement.
(b) Naval Criminal Investigative Service.
(c) United States Fleet Cyber Command.
(d) Headquarters, Marine Corps Intelligence Department and subordinate
activities, United States Marine Corps.
(e) Marine Forces Cyber Command, United States Marine Corps.
(f) Naval Computer and Telecommunications Station, San Diego, Detach-
ment, Naval Strategic Communications Unit, Tinker Air Force Base.
(g) Naval Information Force Reserve, Navy Reserve Force.
(h) Center for Information Warfare Training, Naval Education and Training
Command.
(i) Naval Special Warfare Command (NSW).
(j) Marine Special Operations Command (MARSOC).
(k) Navy Information Operations Commands and Detachments.
(l) Naval Communications Security Material System.’’;
(c) revising section 1–206 to read as follows:
‘‘1–206. Agencies or subdivisions of the Department of the Air Force,
Department of Defense:
(a) Headquarters, 24th Air Force and Air Forces Cyber, Joint Force Head-
quarters, Air Force Space Command, and the following elements under
its operational control:
(1) 67th Cyberspace Wing.
(2) 624th Operations Center.
(3) The following subdivisions of the 688th Cyberspace Operations Wing:
(A) 318th Cyberspace Operations Group.
(B) 688th Cyberspace Operations Group.
(4) 5th Combat Communications Group.
(b) Headquarters, 25th Air Force, Air Combat Command, and the following
wings, groups, and elements under the operational control of the 25th
Air Force:
(1) 70th Intelligence, Surveillance and Reconnaissance Wing.
(2) 363rd Intelligence, Surveillance and Reconnaissance Wing.
(3) 480th Intelligence, Surveillance and Reconnaissance Wing.
(4) 625th Operations Center.
(5) The following subdivisions of the 9th Reconnaissance Wing:
(A) 9th Operations Group.
(B) 69th Reconnaissance Group.
(6) 55th Operations Group, 55th Wing.
(c) Air Force Technical Applications Center (AFTAC), 25th Air Force,
Air Combat Command.
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(d) Office of the Deputy Chief of Staff, Intelligence, Surveillance and
Reconnaissance (A2), Headquarters, United States Air Force, and all A2
staff within Air Force Commands, Air Force Service Component Com-
mands, Field Operating Agencies, and Direct Reporting Units.
(e) National Air and Space Intelligence Center and all elements under
its operational control.
(f) Air Force Special Operations Command (AFSOC), with the exception
of the following subdivisions:
(1) The following groups of the 1st Special Operations Wing, Hurlburt
Field, Florida:
(A) Mission Support Group.
(B) Medical Group.
(2) The following groups of the 27th Special Operations Wing, Cannon
Air Force Base, New Mexico:
(A) Mission Support Group.
(B) Medical Group.
(g) Air Force Office of Special Investigations.
(h) 17th Training Wing, Air Education and Training Command, Goodfellow
Air Force Base, Texas.’’;
(d) revising section 1–207 to read as follows:
‘‘1–207. Defense Intelligence Agency, Department of Defense.’’;
(e) revising section 1–208 to read as follows:
‘‘1–208. Defense Security Service, Department of Defense.’’;
(f) revising section 1–212 to read as follows:
‘‘1–212. Agencies or subdivisions under the authority of the Chairman
of the Joint Chiefs of Staff and the Commanders of the Combatant Commands,
Department of Defense.
(a) Office of the Chairman of the Joint Chiefs of Staff (OCJCS) and the
Joint Staff.
(b) United States Africa Command (USAFRICOM).
(c) United States Central Command (USCENTCOM).
(d) United States European Command (USEUCOM).
(e) United States Pacific Command (USPACOM).
(f) United States Southern Command (USSOUTHCOM).
(g) North American Aerospace Defense Command (NORAD).
(h) United States Northern Command (USNORTHCOM).
(i) Headquarters, United States Transportation Command (USTRANSCOM),
and its subordinate command, the Joint Enabling Capabilities Command.
(j) United States Strategic Command (USSTRATCOM) and all components,
centers, or sub-unified commands currently assigned to USSTRATCOM,
including the following:
(1) United States Cyber Command (USCYBERCOM).
(2) Joint Functional Component Command—Global Strike (JFCC GS).
(3) Joint Functional Component Command—Space (JFCC Space).
(4) Joint Functional Component Command—Integrated Missile Defense
(JFCC IMD).
(5) Joint Functional Component Command—Intelligence, Surveillance
and Reconnaissance (JFCC ISR).
(6) USSTRATCOM Center for Combating Weapons of Mass Destruction
(SCC WMD).
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(7) Standing Joint Force Headquarters for Elimination (SJFHQ–E).
(8) Joint Warfare Analysis Center (JWAC).
(k) United States Special Operations Command (USSOCOM) and all compo-
nents and sub-unified commands under its administrative and operational
control, including the following:
(1) Components:
(A) Marine Special Operations Command (MARSOC).
(B) Naval Special Warfare Command (NSW).
(C) Air Force Special Operations Command (AFSOC), with the excep-
tion of the following subdivisions:
(i) The following groups of the 1st Special Operations Wing, Hurlburt
Field, Florida:
(I) Mission Support Group.
(II) Medical Group.
(ii) The following groups of the 27th Special Operations Wing, Can-
non Air Force Base, New Mexico:
(I) Mission Support Group.
(II) Medical Group.
(D) United States Army Special Operations Command (USASOC).
(2) Sub-unified Commands:
(A) Joint Special Operations Command (JSOC).
(B) Special Operations Command Korea (SOCKOR).
(C) Special Operations Command Europe (SOCEUR).
(D) Special Operations Command South (SOCSOUTH).
(E) Special Operations Command Pacific (SOCPAC).
(F) Special Operations Command Africa (SOCAFRICA).
(G) Special Operations Command Central (SOCCENT).
(H) Special Operations Command North (SOCNORTH).’’;
(g) revising section 1–215 to read as follows:
‘‘Sec. 1–215. National Geospatial-Intelligence Agency (NGA), Department
of Defense.’’; and
(h) inserting after section 1–216 the following new sections:
‘‘1–217. Defense Advanced Research Projects Agency, Department of De-
fense.
1–218. National Reconnaissance Office, Department of Defense.
1–219. Office of the Under Secretary of Defense for Intelligence, Department
of Defense.
1–220. Field Detachment, Defense Contract Audit Agency, Department
of Defense.
1–221. Special Programs Directorate, Defense Contract Management Agen-
cy, Department of Defense.
1–222. The following subdivisions of the Defense Information Systems
Agency, Department of Defense:
(a) Joint Force Headquarters—Department of Defense Information Networks.
(b) White House Communications Agency.
1–223. The following subdivisions of the Defense Logistics Agency, Depart-
ment of Defense:
(a) Defense Logistics Agency Intelligence.
(b) Joint Logistics Operations Center.
(c) Computer Emergency Response Team and Incident Response Branch.
1–224. Strategic Capabilities Office, Department of Defense.’’.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
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(i) the authority granted by law to an executive department or agency,
or the head thereof, or the status of that department or agency within
the Federal Government; 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 12, 2017.
[FR Doc. 2017–01169
Filed 1–13–17; 11:15 am]
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Executive Order 13759 of January 12, 2017
Designating the World Organisation for Animal Health as a
Public International Organization Entitled To Enjoy Certain
Privileges, Exemptions, and Immunities
Section 1. Designation. By the authority vested in me as President by the
Constitution and the laws of the United States of America, including section
1 of the International Organizations Immunities Act (22 U.S.C. 288), and
having found that the World Organisation for Animal Health (also known
by its historical acronym OIE) is a public international organization in
which the United States participates within the meaning of the International
Organizations Immunities Act, I hereby designate the World Organisation
for Animal Health as a public international organization entitled to enjoy
the privileges, exemptions, and immunities provided by the International
Organizations Immunities Act. This designation is not intended to abridge
in any respect privileges, exemptions, or immunities that such organization
otherwise may have acquired or may acquire by law.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(1) the authority granted by law to an executive department, agency,
or the head thereof; or
(2) 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.
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(d) This order is not intended to, and does not, impair any right or
benefit, substantive or procedural, enforceable at law or in equity that arises
as a consequence of the designation in section 1 of this order.
THE WHITE HOUSE,
January 12, 2017.
[FR Doc. 2017–01168
Filed 1–13–17; 11:15 am]
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