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Presidential Executive Order

2013-28581 (13654)

Presidential Documents 70843 Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Presidential Documents Executive Order 13654 of November 21, 2013 Establishing an Emergency Board To Investigate Disputes Be- tween the Long Island Rail Road Company and Certain of Its Employees Represented by Certain Labor Organizations Disputes exist between the Long Island Rail Road Company (LIRR) and certain of its employees represented by certain labor organizations. The labor organizations involved in these disputes are designated on the attached list, which is made part of this order. The disputes heretofore have not been adjusted under the provisions of the Railway Labor Act, as amended, 45 U.S.C. 151–188 (RLA). A party empowered by the RLA has requested that the President establish an emergency board pursuant to section 9A of the RLA (45 U.S.C. 159a). Section 9A(c) of the RLA provides that the President, upon such request, shall appoint an emergency board to investigate and report on the disputes. NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States, including section 9A of the RLA, it is hereby ordered as follows: Section 1. Establishment of Emergency Board (Board). There is established, effective 12:01 a.m. eastern standard time on November 22, 2013, a Board of three members to be appointed by the President to investigate and report on these disputes. No member shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The Board shall perform its functions subject to the availability of funds. Sec. 2. Report. The Board shall report to the President with respect to the disputes within 30 days of its creation. Sec. 3. Maintaining Conditions. As provided by section 9A(c) of the RLA, for 120 days from the date of the creation of the Board, no change in the conditions out of which the disputes arose shall be made by the parties to the controversy, except by agreement of the parties. Sec. 4. Records Maintenance. The records and files of the Board are records of the Office of the President and upon the Board’s termination shall be maintained in the physical custody of the National Mediation Board. VerDate Mar<15>2010 18:57 Nov 25, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\26NOE0.SGM 26NOE0 maindgalligan on DSK5VPTVN1PROD with RULES 70844 Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Presidential Documents Sec. 5. Expiration. The Board shall terminate upon the submission of the report provided for in section 2 of this order. THE WHITE HOUSE, November 21, 2013. Billing code 3295–F4–P VerDate Mar<15>2010 18:57 Nov 25, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\26NOE0.SGM 26NOE0 OB#1.EPS</GPH> maindgalligan on DSK5VPTVN1PROD with RULES 70845 Federal Register / Vol. 78, No. 228 / Tuesday, November 26, 2013 / Presidential Documents LABOR ORGANIZATIONS Brotherhood of Railroad Signalmen Independent Railway Supervisors Association International International Association of Machinists & Aerospace Workers National Conference of Firemen & Oilers/Service Employees International Union International Brotherhood of Electrical Workers Transportation Communications International Union International Association of Sheet Metal, Air, Rail and Transportation Workers [FR Doc. 2013-28581 Filed 11-25-13; 11:15 am] Billing code 3295-F4;P [FR Doc. 2013–28581 Filed 11–25–13; 11:15 am] Billing code 3295–F4–C VerDate Mar<15>2010 18:57 Nov 25, 2013 Jkt 232001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\26NOE0.SGM 26NOE0 ER26NO13.999</GPH> maindgalligan on DSK5VPTVN1PROD with RULES

Establishing an Emergency Board To Investigate Disputes Between the Long Island Rail Road Company and Certain of Its Employees Represented by Certain Labor Organizations

2013-11-21T00:00:00

3ea56862c14ac561cc53e0b694f3e939fd298cb2200ba844a7333ba94e433e06

Presidential Executive Order

2013-26785 (13653)

Presidential Documents 66819 Federal Register Vol. 78, No. 215 Wednesday, November 6, 2013 Title 3— The President Executive Order 13653 of November 1, 2013 Preparing the United States for the Impacts of Climate Change By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to prepare the Nation for the impacts of climate change by undertaking actions to enhance climate preparedness and resilience, it is hereby ordered as follows: Section 1. Policy. The impacts of climate change—including an increase in prolonged periods of excessively high temperatures, more heavy downpours, an increase in wildfires, more severe droughts, permafrost thaw- ing, ocean acidification, and sea-level rise—are already affecting commu- nities, natural resources, ecosystems, economies, and public health across the Nation. These impacts are often most significant for communities that already face economic or health-related challenges, and for species and habitats that are already facing other pressures. Managing these risks requires deliberate preparation, close cooperation, and coordinated planning by the Federal Government, as well as by stakeholders, to facilitate Federal, State, local, tribal, private-sector, and nonprofit-sector efforts to improve climate preparedness and resilience; help safeguard our economy, infrastructure, environment, and natural resources; and provide for the continuity of execu- tive department and agency (agency) operations, services, and programs. A foundation for coordinated action on climate change preparedness and resilience across the Federal Government was established by Executive Order 13514 of October 5, 2009 (Federal Leadership in Environmental, Energy, and Economic Performance), and the Interagency Climate Change Adaptation Task Force led by the Council on Environmental Quality (CEQ), the Office of Science and Technology Policy (OSTP), and the National Oceanic and Atmospheric Administration (NOAA). In addition, through the U.S. Global Change Research Program (USGCRP), established by section 103 of the Global Change Research Act of 1990 (15 U.S.C. 2933), and agency programs and activities, the Federal Government will continue to support scientific re- search, observational capabilities, and assessments necessary to improve our understanding of and response to climate change and its impacts on the Nation. The Federal Government must build on recent progress and pursue new strategies to improve the Nation’s preparedness and resilience. In doing so, agencies should promote: (1) engaged and strong partnerships and infor- mation sharing at all levels of government; (2) risk-informed decisionmaking and the tools to facilitate it; (3) adaptive learning, in which experiences serve as opportunities to inform and adjust future actions; and (4) prepared- ness planning. Sec. 2. Modernizing Federal Programs to Support Climate Resilient Invest- ment. (a) To support the efforts of regions, States, local communities, and tribes, all agencies, consistent with their missions and in coordination with the Council on Climate Preparedness and Resilience (Council) established in section 6 of this order, shall: (i) identify and seek to remove or reform barriers that discourage invest- ments or other actions to increase the Nation’s resilience to climate change while ensuring continued protection of public health and the environment; VerDate Mar<15>2010 17:41 Nov 05, 2013 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\06NOE0.SGM 06NOE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 66820 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Presidential Documents (ii) reform policies and Federal funding programs that may, perhaps unin- tentionally, increase the vulnerability of natural or built systems, economic sectors, natural resources, or communities to climate change related risks; (iii) identify opportunities to support and encourage smarter, more climate- resilient investments by States, local communities, and tribes, including by providing incentives through agency guidance, grants, technical assist- ance, performance measures, safety considerations, and other programs, including in the context of infrastructure development as reflected in Executive Order 12893 of January 26, 1994 (Principles for Federal Infra- structure Investments), my memorandum of August 31, 2011 (Speeding Infrastructure Development through More Efficient and Effective Permitting and Environmental Review), Executive Order 13604 of March 22, 2012 (Improving Performance of Federal Permitting and Review of Infrastructure Projects), and my memorandum of May 17, 2013 (Modernizing Federal Infrastructure Review and Permitting Regulations, Policies, and Proce- dures); and (iv) report on their progress in achieving the requirements identified above, including accomplished and planned milestones, in the Agency Adaptation Plans developed pursuant to section 5 of this order. (b) In carrying out this section, agencies should also consider the rec- ommendations of the State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience (Task Force) established in section 7 of this order and the National Infrastructure Advisory Council established by Execu- tive Order 13231 of October 16, 2001 (Critical Infrastructure Protection in the Information Age), and continued through Executive Order 13652 of September 30, 2013 (Continuance of Certain Federal Advisory Committees). (c) Interagency groups charged with coordinating and modernizing Federal processes related to the development and integration of both man-made and natural infrastructure, evaluating public health and social equity issues, safeguarding natural resources, and other issues impacted by climate change—including the Steering Committee on Federal Infrastructure Permit- ting and Review Process Improvement established by Executive Order 13604, the Task Force on Ports established on July 19, 2012, the Interagency Working Group on Coordination of Domestic Energy Development and Permitting in Alaska established by Executive Order 13580 of July 12, 2011, and the Federal Interagency Working Group on Environmental Justice established by Executive Order 12898 of February 11, 1994—shall be responsible for ensuring that climate change related risks are accounted for in such processes and shall work with agencies in meeting the requirements set forth in subsections (a) and (b) of this section. Sec. 3. Managing Lands and Waters for Climate Preparedness and Resilience. Within 9 months of the date of this order and in coordination with the efforts described in section 2 of this order, the heads of the Departments of Defense, the Interior, and Agriculture, the Environmental Protection Agen- cy, NOAA, the Federal Emergency Management Agency, the Army Corps of Engineers, and other agencies as recommended by the Council established in section 6 of this order shall work with the Chair of CEQ and the Director of the Office of Management and Budget (OMB) to complete an inventory and assessment of proposed and completed changes to their land- and water- related policies, programs, and regulations necessary to make the Nation’s watersheds, natural resources, and ecosystems, and the communities and economies that depend on them, more resilient in the face of a changing climate. Further, recognizing the many benefits the Nation’s natural infra- structure provides, agencies shall, where possible, focus on program and policy adjustments that promote the dual goals of greater climate resilience and carbon sequestration, or other reductions to the sources of climate change. The assessment shall include a timeline and plan for making changes to policies, programs, and regulations. Agencies shall build on efforts already completed or underway as outlined in agencies’ Adaptation Plans, as dis- cussed in section 5 of this order, as well as recent interagency climate adaptation strategies such as the National Action Plan: Priorities for Managing VerDate Mar<15>2010 17:41 Nov 05, 2013 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\06NOE0.SGM 06NOE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 66821 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Presidential Documents Freshwater Resources in a Changing Climate, released October 28, 2011; the National Fish, Wildlife and Plants Climate Adaptation Strategy, released March 26, 2013; and the National Ocean Policy Implementation Plan, re- leased April 16, 2013. Sec. 4. Providing Information, Data, and Tools for Climate Change Prepared- ness and Resilience. (a) In support of Federal, regional, State, local, tribal, private-sector and nonprofit-sector efforts to prepare for the impacts of cli- mate change, the Departments of Defense, the Interior, Agriculture, Com- merce, Health and Human Services, Housing and Urban Development, Trans- portation, Energy, and Homeland Security, the Environmental Protection Agency, the National Aeronautics and Space Administration, and any other agencies as recommended by the Council established in section 6 of this order, shall, supported by USGCRP, work together to develop and provide authoritative, easily accessible, usable, and timely data, information, and decision-support tools on climate preparedness and resilience. (b) As part of the broader open data policy, CEQ and OSTP, in collaboration with OMB and consistent with Executive Order 13642 of May 9, 2013 (Making Open and Machine Readable the New Default for Government Infor- mation), shall oversee the establishment of a web-based portal on ‘‘Data.gov’’ and work with agencies on identifying, developing, and integrating data and tools relevant to climate issues and decisionmaking. Agencies shall coordinate their work on these data and tools with relevant interagency councils and committees such as the National Science and Technology Coun- cil and those that support the implementation of Presidential Policy Direc- tive–21 of February 12, 2013 (Critical Infrastructure Security and Resilience). Sec. 5. Federal Agency Planning for Climate Change Related Risk. (a) Con- sistent with Executive Order 13514, agencies have developed Agency Adapta- tion Plans and provided them to CEQ and OMB. These plans evaluate the most significant climate change related risks to, and vulnerabilities in, agency operations and missions in both the short and long term, and outline actions that agencies will take to manage these risks and vulnerabilities. Building on these efforts, each agency shall develop or continue to develop, implement, and update comprehensive plans that integrate consideration of climate change into agency operations and overall mission objectives and submit those plans to CEQ and OMB for review. Each Agency Adaptation Plan shall include: (i) identification and assessment of climate change related impacts on and risks to the agency’s ability to accomplish its missions, operations, and programs; (ii) a description of programs, policies, and plans the agency has already put in place, as well as additional actions the agency will take, to manage climate risks in the near term and build resilience in the short and long term; (iii) a description of how any climate change related risk identified pursu- ant to paragraph (i) of this subsection that is deemed so significant that it impairs an agency’s statutory mission or operation will be addressed, including through the agency’s existing reporting requirements; (iv) a description of how the agency will consider the need to improve climate adaptation and resilience, including the costs and benefits of such improvement, with respect to agency suppliers, supply chain, real property investments, and capital equipment purchases such as updating agency policies for leasing, building upgrades, relocation of existing facili- ties and equipment, and construction of new facilities; and (v) a description of how the agency will contribute to coordinated inter- agency efforts to support climate preparedness and resilience at all levels of government, including collaborative work across agencies’ regional of- fices and hubs, and through coordinated development of information, data, and tools, consistent with section 4 of this order. (b) Agencies will report on progress made on their Adaptation Plans, as well as any updates made to the plans, through the annual Strategic VerDate Mar<15>2010 17:41 Nov 05, 2013 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\06NOE0.SGM 06NOE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 66822 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Presidential Documents Sustainability Performance Plan process. Agencies shall regularly update their Adaptation Plans, completing the first update within 120 days of the date of this order, with additional regular updates thereafter due not later than 1 year after the publication of each quadrennial National Climate Assessment report required by section 106 of the Global Change Research Act of 1990 (15 U.S.C. 2936). Sec. 6. Council on Climate Preparedness and Resilience. (a) Establishment. There is established an interagency Council on Climate Preparedness and Resilience (Council). (b) Membership. The Council shall be co-chaired by the Chair of CEQ, the Director of OSTP, and the Assistant to the President for Homeland Security and Counterterrorism. In addition, the Council shall include senior officials (Deputy Secretary or equivalent officer) from: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Defense; (iv) the Department of Justice; (v) the Department of the Interior; (vi) the Department of Agriculture; (vii) the Department of Commerce; (viii) the Department of Labor; (ix) the Department of Health and Human Services; (x) the Department of Housing and Urban Development; (xi) the Department of Transportation; (xii) the Department of Energy; (xiii) the Department of Education; (xiv) the Department of Veterans Affairs; (xv) the Department of Homeland Security; (xvi) the United States Agency for International Development; (xvii) the Army Corps of Engineers; (xviii) the Environmental Protection Agency; (xix) the General Services Administration; (xx) the Millennium Challenge Corporation; (xxi) the National Aeronautics and Space Administration; (xxii) the U.S. Small Business Administration; (xxiii) the Corporation for National and Community Service; (xxiv) the Office of the Director of National Intelligence; (xxv) the Council of Economic Advisers; (xxvi) the National Economic Council; (xxvii) the Domestic Policy Council; (xxviii) the Office of Management and Budget; (xxix) the White House Office of Public Engagement and Intergovernmental Affairs; (xxx) the United States Trade Representative; and (xxxi) such agencies or offices as the President or Co-Chairs shall designate. (c) Administration. CEQ shall provide administrative support and addi- tional resources, as appropriate, for the Council to the extent permitted by law and within existing appropriations. Agencies shall assist and provide VerDate Mar<15>2010 17:41 Nov 05, 2013 Jkt 226001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\06NOE0.SGM 06NOE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 66823 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Presidential Documents information to the Council, consistent with applicable law, as may be nec- essary to carry out its functions. Each agency shall bear its own expenses for participating in the Council. (d) Council Structure. The Co-Chairs shall designate a subset of members of the Council to serve on a Steering Committee, which shall help determine priorities and strategic direction for the Council. The Co-Chairs and Steering Committee may establish working groups as needed, and may recharter working groups of the Interagency Climate Change Adaptation Task Force, as appropriate. (e) Mission and Function of the Council. The Council shall work across agencies and offices, and in partnership with State, local, and tribal govern- ments (as well as the Task Force established in section 7 of this order), academic and research institutions, and the private and nonprofit sectors to: (i) develop, recommend, coordinate interagency efforts on, and track imple- mentation of priority Federal Government actions related to climate pre- paredness and resilience; (ii) support regional, State, local, and tribal action to assess climate change related vulnerabilities and cost-effectively increase climate preparedness and resilience of communities, critical economic sectors, natural and built infrastructure, and natural resources, including through the activities as outlined in sections 2 and 3 of this order; (iii) facilitate the integration of climate science in policies and planning of government agencies and the private sector, including by promoting the development of innovative, actionable, and accessible Federal climate change related information, data, and tools at appropriate scales for deci- sionmakers and deployment of this information through a Government- wide web-based portal, as described in section 4 of this order; and (iv) such other functions as may be decided by the Co-Chairs, including implementing, as appropriate, the recommendations of the Task Force established in section 7 of this order. (f) Termination of the Interagency Climate Change Adaptation Task Force. The Interagency Climate Change Adaptation Task Force (Adaptation Task Force), established in 2009, created the framework for coordinated Federal action on climate preparedness and resilience, driving agency-level planning and action. The Adaptation Task Force shall terminate no later than 30 days after the first meeting of the Council, which shall continue and build upon the Adaptation Task Force’s work. Sec. 7. State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience. (a) Establishment. To inform Federal efforts to support climate prepared- ness and resilience, there is established a State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience (Task Force). (b) Membership. The Task Force shall be co-chaired by the Chair of CEQ and the Director of the White House Office of Intergovernmental Affairs. In addition, its members shall be such elected State, local, and tribal officials as may be invited by the Co-Chairs to participate. Members of the Task Force, acting in their official capacity, may designate employees with author- ity to act on their behalf. (c) Mission and Function. Within 1 year of the date of this order, the Task Force shall provide, through its Co-Chairs, recommendations to the President and the Council for how the Federal Government can: (i) remove barriers, create incentives, and otherwise modernize Federal programs to encourage investments, practices, and partnerships that facili- tate increased resilience to climate impacts, including those associated with extreme weather; VerDate Mar<15>2010 17:41 Nov 05, 2013 Jkt 226001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\06NOE0.SGM 06NOE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 66824 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Presidential Documents (ii) provide useful climate preparedness tools and actionable information for States, local communities, and tribes, including through interagency collaboration as described in section 6 of this order; and (iii) otherwise support State, local, and tribal preparedness for and resil- ience to climate change. (d) Sunset. The Task Force shall terminate no later than 6 months after providing its recommendations. Sec. 8. Definitions. As used in this order: (a) ‘‘preparedness’’ means actions taken to plan, organize, equip, train, and exercise to build, apply, and sustain the capabilities necessary to prevent, protect against, ameliorate the effects of, respond to, and recover from climate change related damages to life, health, property, livelihoods, ecosystems, and national security; (b) ‘‘adaptation’’ means adjustment in natural or human systems in antici- pation of or response to a changing environment in a way that effectively uses beneficial opportunities or reduces negative effects; and (c) ‘‘resilience’’ means the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions. 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, 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 U.S. obligations under international agreements and applicable U.S. law, and be 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, 2013. [FR Doc. 2013–26785 Filed 11–5–13; 11:15 am] Billing code 3295–F4 VerDate Mar<15>2010 17:41 Nov 05, 2013 Jkt 226001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\06NOE0.SGM 06NOE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Preparing the United States for the Impacts of Climate Change

2013-11-01T00:00:00

2942b0b80d7b6e435d3d10257c06e8dcd3d4cebf13983e7f2b9044b299f87360

Presidential Executive Order

2014-01523 (13656)

Presidential Documents 4263 Federal Register Vol. 79, No. 16 Friday, January 24, 2014 Title 3— The President Executive Order 13656 of January 17, 2014 Establishment of Afghanistan and Pakistan Strategic Partner- ship Office and Amendment to Executive Order 12163 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 202 of the Revised Statutes (22 U.S.C. 2656) and section 3161 of title 5, United States Code, it is hereby ordered as follows: Section 1. Establishment. There is established within the Department of State, in accordance with section 3161 of title 5, United States Code, a temporary organization to be known as the Afghanistan and Pakistan Strategic Partnership Office (APSPO). Sec. 2. Purpose of the Temporary Organization. The purposes of the APSPO shall be to perform the specific project of supporting executive departments and agencies (agencies) in facilitating a strategic partnership between the U.S. Government and the governments of Afghanistan and Pakistan, pro- moting further security and stabilization, and transitioning to a normalized diplomatic presence in both countries. Sec. 3. Functions of the Temporary Organization. In carrying out the purposes set forth in section 2 of this order, the APSPO shall: (a) support agencies in transitioning to a strategic partnership with the governments of Afghanistan and Pakistan in the economic, diplomatic, cul- tural, technology, and security fields, particularly in the areas of program management, rule of law, and program oversight; (b) coordinate the final drawdown of the Department of State’s civilian field operations and staff in Afghanistan; (c) coordinate and oversee the administration of certain State Department assistance funds; and (d) perform such other functions related to the specific project set forth in section 2 of this order as the Secretary of State (Secretary) may assign. Sec. 4. Personnel and Administration. The APSPO shall be headed by a Director appointed by the Secretary. The APSPO shall be based in Wash- ington, DC, Pakistan, and Afghanistan. Sec. 5. Termination of the Temporary Organization. The APSPO shall termi- nate at the end of the maximum period permitted by section 3161(a)(1) of title 5, United States Code, unless terminated sooner by the Secretary. Sec. 6. Delegation of Certain Determination Functions. Executive Order 12163 of September 29, 1979, as amended, is further amended, in section 1– 701(c), by striking the semicolon and all subsequent text before the period. Sec. 7. General Provisions. (a) This order shall be implemented in accordance 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 a department or agency, or the head thereof; or VerDate Mar<15>2010 18:08 Jan 23, 2014 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\24JAE0.SGM 24JAE0 TKELLEY on DSK3SPTVN1PROD with E0 4264 Federal Register / Vol. 79, No. 16 / Friday, January 24, 2014 / Presidential Documents (ii) the functions of the Director of the Office of Management and Budget 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. THE WHITE HOUSE, January 17, 2014. [FR Doc. 2014–01523 Filed 1–23–14; 11:15 am] Billing code 3295–F4 VerDate Mar<15>2010 18:08 Jan 23, 2014 Jkt 229001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\24JAE0.SGM 24JAE0 OB#1.EPS</GPH> TKELLEY on DSK3SPTVN1PROD with E0

Establishment of Afghanistan and Pakistan Strategic Partnership Office and Amendment to Executive Order 12163

2014-01-17T00:00:00

f59209582747725c9b37140ebb0a260888e3d5252ba98a50a8a1dbffd39337a5

Presidential Executive Order

2013-19520 (13651)

Presidential Documents 48793 Federal Register Vol. 78, No. 154 Friday, August 9, 2013 Title 3— The President Executive Order 13651 of August 6, 2013 Prohibiting Certain Imports of Burmese Jadeite and Rubies 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 Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110–286) (the ‘‘JADE Act’’), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the national emergency declared in Executive Order 13047 of May 20, 1997, as modified in scope in Executive Order 13448 of October 18, 2007, and Executive Order 13619 of July 11, 2012, and relied upon for additional steps taken in Executive Order 13310 of July 28, 2003, Executive Order 13448 of October 18, 2007, Executive Order 13464 of April 30, 2008, and Executive Order 13619 of July 11, 2012, I, BARACK OBAMA, President of the United States of America, hereby order: Section 1. (a) The importation into the United States of any jadeite or rubies mined or extracted from Burma and any articles of jewelry containing jadeite or rubies mined or extracted from Burma is hereby prohibited. (b) The prohibition in subsection (a) of this section applies 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. Sec. 2. I hereby amend Executive Order 13310 of July 28, 2003, by revoking sections 3 and 8 of that order. The revocation of those provisions of Executive Order 13310 pursuant to this section shall not affect any violation of any rules, regulations, orders, licenses, or other forms of administrative action under that order during the period that those provisions of that order were in effect. Sec. 3. (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. 4. For the purposes of this order: (a) the term ‘‘jadeite’’ means any jadeite classifiable under heading 7103 of the Harmonized Tariff Schedule of the United States (HTS); (b) the term ‘‘rubies’’ means any rubies classifiable under heading 7103 of the HTS; (c) the term ‘‘articles of jewelry containing jadeite or rubies’’ means: (i) any article of jewelry classifiable under heading 7113 of the HTS that contains jadeites or rubies; or (ii) any article of jadeite or rubies classifiable under heading 7116 of the HTS; (d) the term ‘‘person’’ means an individual or entity; (e) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. VerDate Mar<15>2010 18:42 Aug 08, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\09AUE0.SGM 09AUE0 tkelley on DSK3SPTVN1PROD with E0 48794 Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Presidential Documents Sec. 5. Nothing in section 1 of this order shall prohibit transactions to the extent such prohibition would conflict with the international obligations of the United States under the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, the United Nations Head- quarters Agreement, or other legal instruments providing equivalent privi- leges and immunities. Sec. 6. Nothing in section 1 of this order shall prohibit the importation of any jadeite or rubies mined or extracted from Burma or any articles of jewelry containing jadeite or rubies mined or extracted from Burma that were previously exported from the United States, including those that accom- panied an individual outside the United States for personal use, if they are reimported to the United States by the same person, without having been advanced in value or improved in condition by any process or other means while outside the United States. Sec. 7. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government 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. 8. Pursuant to section 5(i) of the JADE Act, I hereby determine and certify that it is in the national interest of the United States to waive, and hereby waive, the sanctions described in section 5(b) of the JADE Act. Except as authorized or exempt, transactions with persons included on the Department of the Treasury’s List of Specially Designated Nationals and Blocked Persons continue to be prohibited pursuant to IEEPA. 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. This order is effective at 12:01 a.m. eastern daylight time on August 7, 2013. THE WHITE HOUSE, August 6, 2013. [FR Doc. 2013–19520 Filed 8–8–13; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 18:42 Aug 08, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\09AUE0.SGM 09AUE0 OB#1.EPS</GPH> tkelley on DSK3SPTVN1PROD with E0

Prohibiting Certain Imports of Burmese Jadeite and Rubies

2013-08-06T00:00:00

952f19d22fdb14ca2acee84588f727193a983ad3e645c9967b50c94096e1d27f

Presidential Executive Order

2013-24388 (13652)

Presidential Documents 61817 Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Presidential Documents Executive Order 13652 of September 30, 2013 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 Sep- tember 30, 2015. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) President’s Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (c) President’s Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (d) Federal Advisory Council on Occupational Safety and Health; Executive Order 11612, as amended (Department of Labor). (e) President’s Export Council; Executive Order 12131, as amended (Depart- ment of Commerce). (f) President’s Committee on the International Labor Organization; Execu- tive Order 12216, as amended (Department of Labor). (g) President’s Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (h) President’s National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (i) National Industrial Security Program Policy Advisory Committee; Execu- tive Order 12829, as amended (National Archives and Records Administra- tion). (j) Trade and Environment Policy Advisory Committee; Executive Order 12905, as amended (Office of the United States Trade Representative). (k) President’s Committee for People with Intellectual Disabilities; Execu- tive Order 12994, as amended (Department of Health and Human Services). (l) National Infrastructure Advisory Council; Executive Order 13231, as amended (Department of Homeland Security). (m) President’s Council on Fitness, Sports, and Nutrition; Executive Order 13265, as amended (Department of Health and Human Services). (n) President’s Advisory Council on Faith-Based and Neighborhood Partner- ships; Executive Order 13498, re-established by Executive Order 13569, and continued by Executive Order 13640 (Department of Health and Human Services). (o) President’s Advisory Commission on Asian Americans and Pacific Islanders; Executive Order 13515, as amended (Department of Education). (p) Presidential Commission for the Study of Bioethical Issues; Executive Order 13521 (Department of Health and Human Services). (q) National Council on Federal Labor-Management Relations; Executive Order 13522 (Office of Personnel Management). VerDate Mar<15>2010 17:21 Oct 03, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\04OCE0.SGM 04OCE0 EMCDONALD on DSK67QTVN1PROD with MISCELLANEOUS 61818 Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Presidential Documents (r) President’s Board of Advisors on Historically Black Colleges and Univer- sities; Executive Order 13532, as amended (Department of Education). (s) President’s Management Advisory Board; Executive Order 13538 (Gen- eral Services Administration). (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) Advisory Group on Prevention, Health Promotion, and Integrative and Public Health; Executive Order 13544, re-established by Executive Order 13631 (Department of Health and Human Services). (w) State, Local, Tribal, and Private Sector (SLTPS) Policy Advisory Com- mittee; Executive Order 13549, as amended (National Archives and Records Administration). (x) President’s Advisory Commission on Educational Excellence for His- panics; Executive Order 13555, re-established by Executive Order 13634 (Department of Education). (y) President’s Global Development Council; Executive Order 13600 (United States Agency for International Development). (z) President’s Advisory Commission on Educational Excellence for African Americans; Executive Order 13621 (Department of Education). Sec. 2. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in section 1 of this order shall be performed by the head of the department or agency designated after each committee, in accordance with the regulations, guidelines, and proce- dures established by the Administrator of General Services. Sec. 3. Sections 1 and 2 of Executive Order 13585 of September 30, 2011, and sections 1, 2, and 4 of Executive Order 13591 of November 23, 2011, are superseded by sections 1 and 2 of this order. Sec. 4. Executive Order 13538 of April 19, 2010, is amended in section 4(c) by striking ‘‘The Executive Director shall serve as the Designated Federal Officer in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA)’’ and inserting in lieu thereof ‘‘The PMAB shall also have a Designated Federal Officer (DFO) in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA). The Executive Director may serve as the DFO’’. Sec. 5. Executive Order 13043 of April 16, 1997, is amended by striking section 4 and renumbering the subsequent sections appropriately. Sec. 6. Executive Order 13231 of October 16, 2001, as amended, is further amended by striking section 3, except subsection (c) thereof, and inserting immediately preceding subsection (c), the following: ‘‘Sec. 3. The National Infrastructure Advisory Council. The National Infra- structure Advisory Council (NIAC), established on October 16, 2001, shall provide the President, through the Secretary of Homeland Security, with advice on the security and resilience of the critical infrastructure sectors and their functional systems, physical assets, and cyber networks. ‘‘(a) Membership. The NIAC shall be composed of not more than 30 members appointed by the President, taking appropriate account of the benefits of having members: ‘‘(i) from the private sector, including individuals with experience in banking and finance, transportation, energy, water, communications, health care services, food and agriculture, government facilities, emergency serv- ices organizations, institutions of higher education, environmental and climate resilience, and State, local, and tribal governments; VerDate Mar<15>2010 17:21 Oct 03, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\04OCE0.SGM 04OCE0 EMCDONALD on DSK67QTVN1PROD with MISCELLANEOUS 61819 Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Presidential Documents ‘‘(ii) with senior executive leadership responsibilities for the availability and reliability, including security and resilience, of critical infrastructure sectors; ‘‘(iii) with expertise relevant to the functions of the NIAC; and ‘‘(iv) with experience equivalent to that of a chief executive of an organiza- tion. ‘‘Unless otherwise determined by the President, no full-time officer or employee of the executive branch shall be appointed to serve as a member of the NIAC. The President shall designate from among the members of the NIAC a Chair and a Vice Chair, who shall perform the functions of the Chair if the Chair is absent or disabled, or in the instance of a vacancy in the Chair. ‘‘(b) Functions of the NIAC. The NIAC shall meet periodically to: ‘‘(i) enhance the partnership of the public and private sectors in securing and enhancing the security and resilience of critical infrastructure and their supporting functional systems, physical assets, and cyber networks, and provide reports on this issue to the President, through the Secretary of Homeland Security, as appropriate; ‘‘(ii) propose and develop ways to encourage private industry to perform periodic risk assessments and implement risk-reduction programs; ‘‘(iii) monitor the development and operations of critical infrastructure sector coordinating councils and their information-sharing mechanisms and provide recommendations to the President, through the Secretary of Homeland Security, on how these organizations can best foster improved cooperation among the sectors, the Department of Homeland Security, and other Federal Government entities; ‘‘(iv) report to the President through the Secretary of Homeland Security, who shall ensure appropriate coordination with the Assistant to the Presi- dent for Homeland Security and Counterterrorism, the Assistant to the President for Economic Policy, and the Assistant to the President for National Security Affairs under the terms of this order; and ‘‘(v) advise sector-specific agencies with critical infrastructure responsibil- ities to include issues pertaining to sector and government coordinating councils and their information sharing mechanisms. ‘‘In implementing this order, the NIAC shall not advise or otherwise act on matters pertaining to National Security and Emergency Preparedness (NS/EP) Communications and, with respect to any matters to which the NIAC is authorized by this order to provide advice or otherwise act on that may depend on or affect NS/EP Communications, shall coordinate with the National Security and Telecommunications Advisory Committee estab- lished by Executive Order 12382 of September 13, 1982, as amended.’’. Sec. 7. Executive Order 13600 of February 9, 2012, is amended in section 3(b) by striking the ‘‘and’’ immediately preceding ‘‘the Chief Executive Officer of the Millennium Challenge Corporation’’ and by adding ‘‘, the United States Trade Representative, and the Chief Executive Officer of the Overseas Private Investment Corporation’’ immediately preceding ‘‘shall serve as non- voting members’’. Executive Order 13600 is further amended in section 5(c) by adding ‘‘administrative’’ immediately preceding ‘‘matters and activi- ties pertaining’’. Sec. 8. Section 3(b) of Executive Order 13515 of October 14, 2009, as amended, is further amended by inserting in the list of agency members ‘‘the General Services Administration’’ and ‘‘the National Aeronautics and Space Administration’’ after ‘‘the Small Business Administration’’, and redes- ignating the subsections of section 3(b) as appropriate. Subsection 3(b) is further amended by inserting at the end the following sentence: VerDate Mar<15>2010 17:21 Oct 03, 2013 Jkt 232001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\04OCE0.SGM 04OCE0 EMCDONALD on DSK67QTVN1PROD with MISCELLANEOUS 61820 Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Presidential Documents ‘‘The Initiative is encouraged to invite other affected agencies, such as the Consumer Financial Protection Bureau, the Corporation for National and Community Service, the Equal Employment Opportunity Commission, and the Federal Communications Commission to attend meetings and participate in the Initiative as appropriate.’’. Sec. 9. This order shall be effective September 30, 2013. THE WHITE HOUSE, September 30, 2013. [FR Doc. 2013–24388 Filed 10–3–13; 8:45 am] Billing code 3295–F4 VerDate Mar<15>2010 17:21 Oct 03, 2013 Jkt 232001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\04OCE0.SGM 04OCE0 OB#1.EPS</GPH> EMCDONALD on DSK67QTVN1PROD with MISCELLANEOUS

Continuance Of Certain Federal Advisory Committees

2013-09-30T00:00:00

13868a7a0da686c72138d8f785d1e7bc89849012c29cdf94dbf887c60d0495ab

Presidential Executive Order

2013-19220 (13650)

Presidential Documents 48029 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Presidential Documents Executive Order 13650 of August 1, 2013 Improving Chemical Facility Safety and Security By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. Chemicals, and the facilities where they are manufactured, stored, distributed, and used, are essential to today’s economy. Past and recent tragedies have reminded us, however, that the handling and storage of chemicals are not without risk. The Federal Government has developed and implemented numerous programs aimed at reducing the safety risks and security risks associated with hazardous chemicals. However, additional measures can be taken by executive departments and agencies (agencies) with regulatory authority to further improve chemical facility safety and security in coordination with owners and operators. Sec. 2. Establishment of the Chemical Facility Safety and Security Working Group. (a) There is established a Chemical Facility Safety and Security Working Group (Working Group) co-chaired by the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency (EPA), and the Secretary of Labor or their designated representatives at the Assistant Secretary level or higher. In addition, the Working Group shall consist of the head of each of the following agencies or their designated representa- tives at the Assistant Secretary level or higher: (i) the Department of Justice; (ii) the Department of Agriculture; and (iii) the Department of Transportation. (b) In carrying out its responsibilities under this order, the Working Group shall consult with representatives from: (i) the Council on Environmental Quality; (ii) the National Security Staff; (iii) the Domestic Policy Council; (iv) the Office of Science and Technology Policy; (v) the Office of Management and Budget (OMB); (vi) the White House Office of Cabinet Affairs; and (vii) such other agencies and offices as the President may designate. (c) The Working Group shall meet no less than quarterly to discuss the status of efforts to implement this order. The Working Group is encouraged to invite other affected agencies, such as the Nuclear Regulatory Commission, to attend these meetings as appropriate. Additionally, the Working Group shall provide, within 270 days of the date of this order, a status report to the President through the Chair of the Council on Environmental Quality and the Assistant to the President for Homeland Security and Counterter- rorism. Sec. 3. Improving Operational Coordination with State, Local, and Tribal Partners. (a) Within 135 days of the date of this order, the Working Group shall develop a plan to support and further enable efforts by State regulators, State, local, and tribal emergency responders, chemical facility owners and operators, and local and tribal communities to work together to improve chemical facility safety and security. In developing this plan, the Working Group shall: VerDate Mar<15>2010 17:28 Aug 06, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\07AUE0.SGM 07AUE0 emcdonald on DSK67QTVN1PROD with NOTICES3 48030 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Presidential Documents (i) identify ways to improve coordination among the Federal Government, first responders, and State, local, and tribal entities; (ii) take into account the capabilities, limitations, and needs of the first responder community; (iii) identify ways to ensure that State homeland security advisors, State Emergency Response Commissions (SERCs), Tribal Emergency Response Commissions (TERCs), Local Emergency Planning Committees (LEPCs), Tribal Emergency Planning Committees (TEPCs), State regulators, and first responders have ready access to key information in a useable format, including by thoroughly reviewing categories of chemicals for which infor- mation is provided to first responders and the manner in which it is made available, so as to prevent, prepare for, and respond to chemical incidents; (iv) identify areas, in collaboration with State, local, and tribal governments and private sector partners, where joint collaborative programs can be developed or enhanced, including by better integrating existing authorities, jurisdictional responsibilities, and regulatory programs in order to achieve a more comprehensive engagement on chemical risk management; (v) identify opportunities and mechanisms to improve response procedures and to enhance information sharing and collaborative planning between chemical facility owners and operators, TEPCs, LEPCs, and first responders; (vi) working with the National Response Team (NRT) and Regional Re- sponse Teams (RRTs), identify means for Federal technical assistance to support developing, implementing, exercising, and revising State, local, and tribal emergency contingency plans, including improved training; and (vii) examine opportunities to improve public access to information about chemical facility risks consistent with national security needs and appro- priate protection of confidential business information. (b) Within 90 days of the date of this order, the Attorney General, through the head of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), shall assess the feasibility of sharing data related to the storage of explosive materials with SERCs, TEPCs, and LEPCs. (c) Within 90 days of the date of this order, the Secretary of Homeland Security shall assess the feasibility of sharing Chemical Facility Anti-Ter- rorism Standards (CFATS) data with SERCs, TEPCs, and LEPCs on a categor- ical basis. Sec. 4. Enhanced Federal Coordination. In order to enhance Federal coordina- tion regarding chemical facility safety and security: (a) Within 45 days of the date of this order, the Working Group shall deploy a pilot program, involving the EPA, Department of Labor, Department of Homeland Security, and any other appropriate agency, to validate best practices and to test innovative methods for Federal interagency collaboration regarding chemical facility safety and security. The pilot program shall oper- ate in at least one region and shall integrate regional Federal, State, local, and tribal assets, where appropriate. The pilot program shall include innova- tive and effective methods of collecting, storing, and using facility informa- tion, stakeholder outreach, inspection planning, and, as appropriate, joint inspection efforts. The Working Group shall take into account the results of the pilot program in developing integrated standard operating procedures pursuant to subsection (b) of this section. (b) Within 270 days of the date of this order, the Working Group shall create comprehensive and integrated standard operating procedures for a unified Federal approach for identifying and responding to risks in chemical facilities (including during pre-inspection, inspection execution, post-inspec- tion, and post-accident investigation activities), incident reporting and re- sponse procedures, enforcement, and collection, storage, and use of facility information. This effort shall reflect best practices and shall include agency- VerDate Mar<15>2010 17:28 Aug 06, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\07AUE0.SGM 07AUE0 emcdonald on DSK67QTVN1PROD with NOTICES3 48031 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Presidential Documents to-agency referrals and joint inspection procedures where possible and appro- priate, as well as consultation with the Federal Emergency Management Agency on post-accident response activities. (c) Within 90 days of the date of this order, the Working Group shall consult with the Chemical Safety Board (CSB) and determine what, if any, changes are required to existing memorandums of understanding (MOUs) and processes between EPA and CSB, ATF and CSB, and the Occupational Safety and Health Administration and CSB for timely and full disclosure of information. To the extent appropriate, the Working Group may develop a single model MOU with CSB in lieu of existing agreements. Sec. 5. Enhanced Information Collection and Sharing. In order to enhance information collection by and sharing across agencies to support more in- formed decisionmaking, streamline reporting requirements, and reduce dupli- cative efforts: (a) Within 90 days of the date of this order, the Working Group shall develop an analysis, including recommendations, on the potential to improve information collection by and sharing between agencies to help identify chemical facilities which may not have provided all required information or may be non-compliant with Federal requirements to ensure chemical facility safety. This analysis should consider ongoing data-sharing efforts, other federally collected information, and chemical facility reporting among agencies (including information shared with State, local, and tribal govern- ments). (b) Within 180 days of the date of this order, the Working Group shall produce a proposal for a coordinated, flexible data-sharing process which can be utilized to track data submitted to agencies for federally regulated chemical facilities, including locations, chemicals, regulated entities, pre- vious infractions, and other relevant information. The proposal shall allow for the sharing of information with and by State, local, and tribal entities where possible, consistent with section 3 of this order, and shall address computer-based and non-computer-based means for improving the process in the short-term, if they exist. (c) Within 180 days of the date of this order, the Working Group shall identify and recommend possible changes to streamline and otherwise im- prove data collection to meet the needs of the public and Federal, State, local, and tribal agencies (including those charged with protecting workers and the public), consistent with the Paperwork Reduction Act and other relevant authorities, including opportunities to lessen the reporting burden on regulated industries. To the extent feasible, efforts shall minimize the duplicative collection of information while ensuring that pertinent informa- tion is shared with all key entities. Sec. 6. Policy, Regulation, and Standards Modernization. (a) In order to enhance safety and security in chemical facilities by modernizing key poli- cies, regulations, and standards, the Working Group shall: (i) within 90 days of the date of this order, develop options for improved chemical facility safety and security that identifies improvements to exist- ing risk management practices through agency programs, private sector initiatives, Government guidance, outreach, standards, and regulations; (ii) within 90 days of developing the options described in subsection (a)(i) of this section, engage key stakeholders to discuss the options and other means to improve chemical risk management that may be available; and (iii) within 90 days of completing the outreach and consultation effort described in subsection (a)(ii) of this section, develop a plan for imple- menting practical and effective improvements to chemical risk management identified pursuant to subsections (a)(i) and (ii) of this section. (b) Within 90 days of the date of this order, the Secretary of Homeland Security, the Secretary of Labor, and the Secretary of Agriculture shall develop a list of potential regulatory and legislative proposals to improve VerDate Mar<15>2010 17:28 Aug 06, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\07AUE0.SGM 07AUE0 emcdonald on DSK67QTVN1PROD with NOTICES3 48032 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Presidential Documents the safe and secure storage, handling, and sale of ammonium nitrate and identify ways in which ammonium nitrate safety and security can be en- hanced under existing authorities. (c) Within 90 days of the date of this order, the Administrator of EPA and the Secretary of Labor shall review the chemical hazards covered by the Risk Management Program (RMP) and the Process Safety Management Standard (PSM) and determine if the RMP or PSM can and should be expanded to address additional regulated substances and types of hazards. In addition, the EPA and the Department of Labor shall develop a plan, including a timeline and resource requirements, to expand, implement, and enforce the RMP and PSM in a manner that addresses the additional regulated substances and types of hazards. (d) Within 90 days of the date of this order, the Secretary of Homeland Security shall identify a list of chemicals, including poisons and reactive substances, that should be considered for addition to the CFATS Chemicals of Interest list. (e) Within 90 days of the date of this order, the Secretary of Labor shall: (i) identify any changes that need to be made in the retail and commercial grade exemptions in the PSM Standard; and (ii) issue a Request for Information designed to identify issues related to modernization of the PSM Standard and related standards necessary to meet the goal of preventing major chemical accidents. Sec. 7. Identification of Best Practices. The Working Group shall convene stakeholders, including chemical producers, chemical storage companies, agricultural supply companies, State and local regulators, chemical critical infrastructure owners and operators, first responders, labor organizations representing affected workers, environmental and community groups, and consensus standards organizations, in order to identify and share successes to date and best practices to reduce safety risks and security risks in the production and storage of potentially harmful chemicals, including through the use of safer alternatives, adoption of best practices, and potential public- private partnerships. Sec. 8. General Provisions. (a) This order shall be implemented consistent with applicable law, including international trade obligations, 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 a department, agency, or the head thereof; or (ii) the functions of the Director of OMB relating to budgetary, administra- tive, or legislative proposals. VerDate Mar<15>2010 17:28 Aug 06, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\07AUE0.SGM 07AUE0 emcdonald on DSK67QTVN1PROD with NOTICES3 48033 Federal Register / Vol. 78, No. 152 / Wednesday, August 7, 2013 / Presidential Documents (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, August 1, 2013. [FR Doc. 2013–19220 Filed 8–6–13; 8:45 am] Billing code 3295–F3 VerDate Mar<15>2010 17:28 Aug 06, 2013 Jkt 229001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\07AUE0.SGM 07AUE0 OB#1.EPS</GPH> emcdonald on DSK67QTVN1PROD with NOTICES3

Improving Chemical Facility Safety and Security

2013-08-01T00:00:00

3f496d577d341a5a830e1c02f8e56dbb2e60d4a7ec79fbc13f31861c44a5c411

Presidential Executive Order

2013-31445 (13655)

Presidential Documents 80451 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents Executive Order 13655 of December 23, 2013 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. 31) at Schedule 6; and (c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a)) at Schedule 7. Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services, as adjusted under 37 U.S.C. 1009, and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8 attached hereto and made a part hereof. Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to section 5304 of title 5, United States Code, and my authority to implement an alternative level of comparability payments under section 5304a of title 5, United States Code, locality-based comparability payments shall be paid in accordance with Schedule 9 attached hereto and made a part hereof. (b) The Director of the Office of Personnel Management shall take such actions as may be necessary to implement these payments and to publish appropriate notice of such payments in the Federal Register. Sec. 6. Administrative Law Judges. Pursuant to section 5372 of title 5, United States Code, the rates of basic pay for administrative law judges are set forth on Schedule 10 attached hereto and made a part hereof. Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2014. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2014. VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 emcdonald on DSK67QTVN1PROD with NOTICES5 80452 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents Sec. 8. Prior Order Superseded. Executive Order 13641 of April 5, 2013, is superseded as of the effective dates specified in section 7 of this order. THE WHITE HOUSE, December 23, 2013. Billing code 3295–F2–P VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 OB#1.EPS</GPH> emcdonald on DSK67QTVN1PROD with NOTICES5 80453 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 ED31DE13.195</GPH> emcdonald on DSK67QTVN1PROD with NOTICES5 80454 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 ED31DE13.196</GPH> emcdonald on DSK67QTVN1PROD with NOTICES5 80455 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 ED31DE13.197</GPH> emcdonald on DSK67QTVN1PROD with NOTICES5 80456 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 ED31DE13.198</GPH> emcdonald on DSK67QTVN1PROD with NOTICES5 80457 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 ED31DE13.199</GPH> emcdonald on DSK67QTVN1PROD with NOTICES5 80458 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 ED31DE13.200</GPH> emcdonald on DSK67QTVN1PROD with NOTICES5 80459 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 ED31DE13.201</GPH> emcdonald on DSK67QTVN1PROD with NOTICES5 80460 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00010 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 ED31DE13.202</GPH> emcdonald on DSK67QTVN1PROD with NOTICES5 80461 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00011 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 ED31DE13.203</GPH> emcdonald on DSK67QTVN1PROD with NOTICES5 80462 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Presidential Documents [FR Doc. 2013–31445 Filed 12–30–13; 11:15 a.m.] Billing code 6325–01–C VerDate Mar<15>2010 00:04 Dec 31, 2013 Jkt 232001 PO 00000 Frm 00012 Fmt 4790 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 ED31DE13.204</GPH> emcdonald on DSK67QTVN1PROD with NOTICES5

Adjustments of Certain Rates of Pay

2013-12-23T00:00:00

c39083835a1207ec9e269867cfb217172573ca79f8697311c9ff274968db884a

Presidential Executive Order

2013-16387 (13648)

Presidential Documents 40621 Federal Register Vol. 78, No. 129 Friday, July 5, 2013 Title 3— The President Executive Order 13648 of July 1, 2013 Combating Wildlife Trafficking By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to address the significant effects of wildlife trafficking on the national interests of the United States, I hereby order as follows: Section 1. Policy. The poaching of protected species and the illegal trade in wildlife and their derivative parts and products (together known as ‘‘wild- life trafficking’’) represent an international crisis that continues to escalate. Poaching operations have expanded beyond small-scale, opportunistic actions to coordinated slaughter commissioned by armed and organized criminal syndicates. The survival of protected wildlife species such as elephants, rhinos, great apes, tigers, sharks, tuna, and turtles has beneficial economic, social, and environmental impacts that are important to all nations. Wildlife trafficking reduces those benefits while generating billions of dollars in illicit revenues each year, contributing to the illegal economy, fueling insta- bility, and undermining security. Also, the prevention of trafficking of live animals helps us control the spread of emerging infectious diseases. For these reasons, it is in the national interest of the United States to combat wildlife trafficking. In order to enhance domestic efforts to combat wildlife trafficking, to assist foreign nations in building capacity to combat wildlife trafficking, and to assist in combating transnational organized crime, executive departments and agencies (agencies) shall take all appropriate actions within their author- ity, including the promulgation of rules and regulations and the provision of technical and financial assistance, to combat wildlife trafficking in accord- ance with the following objectives: (a) in appropriate cases, the United States shall seek to assist those govern- ments in anti-wildlife trafficking activities when requested by foreign nations experiencing trafficking of protected wildlife; (b) the United States shall promote and encourage the development and enforcement by foreign nations of effective laws to prohibit the illegal taking of, and trade in, these species and to prosecute those who engage in wildlife trafficking, including by building capacity; (c) in concert with the international community and partner organizations, the United States shall seek to combat wildlife trafficking; and (d) the United States shall seek to reduce the demand for illegally traded wildlife, both at home and abroad, while allowing legal and legitimate commerce involving wildlife. Sec. 2. Establishment. There is established a Presidential Task Force on Wildlife Trafficking (Task Force), to be co-chaired by the Secretary of State, Secretary of the Interior, and the Attorney General (Co-Chairs), or their designees, who shall report to the President through the National Security Advisor. The Task Force shall develop and implement a National Strategy for Combating Wildlife Trafficking in accordance with the objectives outlined in section 1 of this order, consistent with section 4 of this order. Sec. 3. Membership. (a) In addition to the Co-Chairs, the Task Force shall include designated senior-level representatives from: (i) the Department of the Treasury; (ii) the Department of Defense; VerDate Mar<15>2010 18:12 Jul 03, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\05JYE0.SGM 05JYE0 emcdonald on DSK67QTVN1PROD with MISCELLANEOUS 40622 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Presidential Documents (iii) the Department of Agriculture; (iv) the Department of Commerce; (v) the Department of Transportation; (vi) the Department of Homeland Security; (vii) the United States Agency for International Development; (viii) the Office of the Director of National Intelligence; (ix) the National Security Staff; (x) the Domestic Policy Council; (xi) the Council on Environmental Quality; (xii) the Office of Science and Technology Policy; (xiii) the Office of Management and Budget; (xiv) the Office of the United States Trade Representative; and (xv) such agencies and offices as the Co-Chairs may, from time to time, designate. (b) The Task Force shall meet not later than 60 days from the date of this order and periodically thereafter. Sec. 4. Functions. Consistent with the authorities and responsibilities of member agencies, the Task Force shall perform the following functions: (a) not later than 180 days after the date of this order, produce a National Strategy for Combating Wildlife Trafficking that shall include consideration of issues relating to combating trafficking and curbing consumer demand, including: (i) effective support for anti-poaching activities; (ii) coordinating regional law enforcement efforts; (iii) developing and supporting effective legal enforcement mechanisms; and (iv) developing strategies to reduce illicit trade and reduce consumer demand for trade in protected species; (b) not later than 90 days from the date of this order, review the Strategy to Combat Transnational Organized Crime of July 19, 2011, and, if appro- priate, make recommendations regarding the inclusion of crime related to wildlife trafficking as an implementation element for the Federal Govern- ment’s transnational organized crime strategy; (c) coordinate efforts among and consult with agencies, as appropriate and consistent with the Department of State’s foreign affairs role, regarding work with foreign nations and international bodies that monitor and aid in enforcement against crime related to wildlife trafficking; and (d) carry out other functions necessary to implement this order. Sec. 5. Advisory Council on Wildlife Trafficking. Not later than 180 days from the date of this order, the Secretary of the Interior (Secretary), in consultation with the other Co-Chairs of the Task Force, shall establish an Advisory Council on Wildlife Trafficking (Advisory Council) that shall make recommendations to the Task Force and provide it with ongoing advice and assistance. The Advisory Council shall have eight members, one of whom shall be designated by the Secretary as the Chair. Members shall not be employees of the Federal Government and shall include knowl- edgeable individuals from the private sector, former governmental officials, representatives of nongovernmental organizations, and others who are in a position to provide expertise and support to the Task Force. Sec. 6. General Provisions. (a) This order shall be implemented consistent with applicable domestic and international law, and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: VerDate Mar<15>2010 18:12 Jul 03, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\05JYE0.SGM 05JYE0 emcdonald on DSK67QTVN1PROD with MISCELLANEOUS 40623 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Presidential Documents (i) the authority granted by law to an executive department, 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. (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) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the ‘‘Act’’), may apply to the Advisory Council, any functions of the President under the Act, except for that of reporting to the Congress, shall be performed by the Secretary in accordance with the guidelines issued by the Administrator of General Services. (e) The Department of the Interior shall provide funding and administrative support for the Task Force and Advisory Council to the extent permitted by law and consistent with existing appropriations. THE WHITE HOUSE, July 1, 2013. [FR Doc. 2013–16387 Filed 7–3–13; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 18:12 Jul 03, 2013 Jkt 229001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\05JYE0.SGM 05JYE0 OB#1.EPS</GPH> emcdonald on DSK67QTVN1PROD with MISCELLANEOUS

Combating Wildlife Trafficking

2013-07-01T00:00:00

1cd3b56328c5b7c9dfea321bc7d7e6b2769db10ba48159115258491442e3255f

Presidential Executive Order

2013-17478 (13649)

Presidential Documents 43057 Federal Register Vol. 78, No. 138 Thursday, July 18, 2013 Title 3— The President Executive Order 13649 of July 15, 2013 Accelerating Improvements in HIV Prevention and Care in the United States Through the HIV Care Continuum Initiative By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further strengthen the capacity of the Federal Government to effectively respond to the ongoing domestic HIV epidemic, it is hereby ordered as follows: Section 1. Policy. Addressing the domestic HIV epidemic is a priority of my Administration. In 2010, the White House released the first comprehen- sive National HIV/AIDS Strategy (Strategy), setting quantitative goals for reducing new HIV infections, improving health outcomes for people living with HIV, and reducing HIV-related health disparities. The Strategy will continue to serve as the blueprint for our national response to the domestic epidemic. It has increased coordination, collaboration, and accountability across executive departments and agencies (agencies) with regard to address- ing the epidemic. It has also focused our Nation’s collective efforts on increasing the use of evidence-based approaches to prevention and care among populations and in regions where HIV is most concentrated. Since the release of the Strategy, additional scientific discoveries have greatly enhanced our understanding of how to prevent and treat HIV. Accordingly, further Federal action is appropriate in response to these new developments. For example, a breakthrough research trial supported by the National Insti- tutes of Health showed that initiating HIV treatment when the immune system was relatively healthy reduced HIV transmission by 96 percent. In addition, evidence suggests that early treatment may reduce HIV-related complications. These findings highlight the importance of prompt HIV diag- nosis, and because of recent advances in HIV testing technology, HIV can be detected sooner and more rapidly than ever before. Based on these and other data, recommendations for HIV testing and treat- ment have changed. The U.S. Preventive Services Task Force now rec- ommends that clinicians screen all individuals ages 15 to 65 years for HIV, and the Department of Health and Human Services Guidelines for Use of Antiretroviral Agents now recommends offering treatment to all ado- lescents and adults diagnosed with HIV. Furthermore, ongoing implementation of the Affordable Care Act provides a historic opportunity for Americans to access affordable, quality health care. The Act is expanding access to recommended preventive services with no out-of-pocket costs, including HIV testing, and, beginning in 2014, insur- ance companies will not be able to deny coverage based on pre-existing conditions, including HIV. Starting October 1, 2013, Americans can select the coverage that best suits them through the new Health Insurance Market- place, and coverage will begin January 1, 2014. Despite progress in combating HIV, important work remains. Since the publi- cation of the Strategy, data released by the Centers for Disease Control and Prevention show that there are significant gaps along the HIV care continuum—the sequential stages of care from being diagnosed to receiving optimal treatment. Nearly one-fifth of the estimated 1.1 million people living with HIV in the United States are undiagnosed; one-third are not linked to medical care; nearly two-thirds are not engaged in ongoing care; and only one-quarter have the virus effectively controlled, which is necessary to maintain long-term health and reduce risk of transmission to others. VerDate Mar<15>2010 18:01 Jul 17, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\18JYE0.SGM 18JYE0 TKELLEY on DSK3SPTVN1PROD with E0 43058 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Presidential Documents In light of these data, we must further clarify and focus our national efforts to prevent and treat HIV infection. It is the policy of my Administration that agencies implementing the Strategy prioritize addressing the continuum of HIV care, including by accelerating efforts to increase HIV testing, services, and treatment along the continuum. This acceleration will enable us to meet the goals of the Strategy and move closer to an AIDS-free generation. Sec. 2. Establishment of the HIV Care Continuum Initiative. There is estab- lished the HIV Care Continuum Initiative (Initiative), to be overseen by the Director of the Office of National AIDS Policy. The Initiative will mobilize and coordinate Federal efforts in response to recent advances regarding how to prevent and treat HIV infection. The Initiative will support further integration of HIV prevention and care efforts; promote expansion of success- ful HIV testing and service delivery models; encourage innovative approaches to addressing barriers to accessing testing and treatment; and ensure that Federal resources are appropriately focused on implementing evidence-based interventions that improve outcomes along the HIV care continuum. Sec. 3. Establishment of the HIV Care Continuum Working Group. There is established the HIV Care Continuum Working Group (Working Group) to support the Initiative. The Working Group shall coordinate Federal efforts to improve outcomes nationally across the HIV care continuum. (a) Membership. The Working Group shall be co-chaired by the Director of the Office of National AIDS Policy and the Secretary of Health and Human Services or designee (Co-Chairs). In addition to the Co-Chairs, the Working Group shall consist of representatives from: (i) the Department of Justice; (ii) the Department of Labor; (iii) the Department of Health and Human Services; (iv) the Department of Housing and Urban Development; (v) the Department of Veterans Affairs; (vi) the Office of Management and Budget; and (vii) other agencies and offices, as designated by the Co-Chairs. (b) Consultation. The Working Group shall consult with the Presidential Advisory Council on HIV/AIDS, as appropriate. (c) Functions. As part of the Initiative, the Working Group shall: (i) request and review information from agencies describing efforts to improve testing, care, and treatment outcomes, and determine if there is appropriate emphasis on addressing the HIV care continuum in relation to other work concerning the domestic epidemic; (ii) review research on improving outcomes along the HIV care continuum; (iii) obtain input from Federal grantees, affected communities, and other stakeholders to inform strategies to improve outcomes along the HIV care continuum; (iv) identify potential impediments to improving outcomes along the HIV care continuum, including for populations at greatest risk for HIV infection, based on the efforts undertaken pursuant to paragraphs (i), (ii), and (iii) of this subsection; (v) identify opportunities to address issues identified pursuant to paragraph (iv) of this subsection, and thereby improve outcomes along the HIV care continuum; (vi) recommend ways to integrate efforts to improve outcomes along the HIV care continuum with other evidence-based strategies to combat HIV; and (vii) specify how to better align and coordinate Federal efforts, both within and across agencies, to improve outcomes along the HIV care continuum. (d) Reporting. VerDate Mar<15>2010 18:01 Jul 17, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\18JYE0.SGM 18JYE0 TKELLEY on DSK3SPTVN1PROD with E0 43059 Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Presidential Documents (i) Within 180 days of the date of this order, the Working Group shall provide recommendations to the President on actions that agencies can take to improve outcomes along the HIV care continuum. (ii) Thereafter, the Director of the Office of National AIDS Policy shall include, as part of the annual report to the President pursuant to section 1(b) of my memorandum of July 13, 2010 (Implementation of the National HIV/AIDS Strategy), a report prepared by the Working Group on Govern- ment-wide progress in implementing this order. This report shall include a quantification of progress made in improving outcomes along the HIV care continuum. 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, 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, July 15, 2013. [FR Doc. 2013–17478 Filed 7–17–13; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 18:01 Jul 17, 2013 Jkt 229001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\18JYE0.SGM 18JYE0 OB#1.EPS</GPH> TKELLEY on DSK3SPTVN1PROD with E0

Accelerating Improvements in HIV Prevention and Care in the United States Through the HIV Care Continuum Initiative

2013-07-15T00:00:00

9bbc49a2ad8e7e895e6a30bd20bef2d57f58cd6e69f6dcdc3b70cc48228d750d

Presidential Executive Order

2013-15782 (13646)

Presidential Documents 39159 Federal Register Vol. 78, No. 125 Friday, June 28, 2013 Title 3— The President Executive Order 13646 of June 25, 2013 Establishing the President’s Advisory Council on Financial Capability for Young Americans By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. To contribute to the Nation’s future financial stability and increase upward economic mobility, it is the policy of the Federal Government to promote financial capability among young Americans and encourage building the financial capability of young people at an early stage in schools, families, communities, and the workplace. By starting early, young people can begin to learn the difference between wants and needs, the importance and power of saving, and the positive and productive role money can play in their lives. Having a basic understanding of money management from an early age will make our young people better equipped to tackle more complex financial decisions in their transition to adulthood, when critical decisions about financing higher education and saving for retirement can have lasting consequences for financial security. Strengthening the financial capability of our young people is an investment in our Nation’s economic prosperity. Financial capability is the capacity, based on knowledge, skills, and access, to manage financial resources prudently and effectively. Efforts to improve financial capability, which should be based on evidence of effectiveness, empower individuals to make informed choices, plan and set goals, avoid pitfalls, know where to seek help, and take other actions to better their present and long-term financial well-being. Sec. 2. Establishment of the Council. There is established within the Depart- ment of the Treasury the President’s Advisory Council on Financial Capa- bility for Young Americans (Council). Sec. 3. Membership and Operation of the Council. (a) The Council shall consist of: (i) the Secretary of the Treasury (Secretary), and the Secretary of Education, who may designate a senior official from each of their respective depart- ments to perform their Council duties; and (ii) not more than 22 members appointed by the President from among individuals not employed by the Federal Government. (b) Members of the Council shall include individuals with demonstrated experience or clear commitment to improving the financial capability of young people, such as individuals working with youth-serving organizations; educators and education policy experts; business leaders and employers of young workers; State, tribal, and local government policy makers; financial services providers; and innovators in financial capability. The composition of the Council shall reflect the views of diverse stakeholders. (c) The Secretary shall invite the Director of the Bureau of Consumer Financial Protection to participate as a member of the Council, to the extent consistent with the Bureau’s statutory authorities and legal obligations. (d) The President shall designate a Chair and a Vice Chair from among the members of the Council appointed pursuant to subsection (a)(ii) of this section. VerDate Mar<15>2010 19:09 Jun 27, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\28JNE0.SGM 28JNE0 sroberts on DSK5SPTVN1PROD with RULES 39160 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Presidential Documents (e) Subject to the direction of the Secretary, the Chair shall convene and preside at meetings of the Council, determine its agenda, direct its work, and, as appropriate to deal with particular subjects, establish and direct the work of subgroups of the Council that shall consist exclusively of members of the Council. (f) The Vice Chair shall perform: (i) the duties of the Chair when the position of Chair is vacant; and (ii) such other functions as the Chair may from time to time assign. Sec. 4. Functions of the Council. To assist in implementing the policy set forth in section 1 of this order, the Council shall: (a) collect information and views concerning financial capability from: (i) executive departments and agencies (agencies), including members of the Financial Literacy and Education Commission established under title V of the Fair and Accurate Credit Transactions Act of 2003 (20 U.S.C. 9702); (ii) State, local, territorial, and tribal officials; and (iii) financial capability innovators, educators and education policy experts, financial services providers, corporate leaders, and employers of young workers, as well as other experts; (b) advise the President and the Secretary on means to effectively imple- ment the policy set forth in section 1 of this order, including means to: (i) build strong public-private partnerships between and among members of the Financial Literacy and Education Commission; other agencies; State, tribal, and local governments; and private entities to coordinate the use of high quality financial capability resources and practices in schools, families, communities, and elsewhere in order to build the financial capa- bility of young Americans; (ii) support ongoing research and evaluation of financial education and capability activities aimed at young people to determine and disseminate effective approaches; (iii) effectively assess the financial capability, including both financial knowledge and financial behaviors, of young Americans; (iv) identify and develop strategies to pilot financial capability approaches in schools and among young people that are likely to have significant effects on young Americans’ financial capability, and determine ways to test and implement such innovations in a large-scale and sustainable manner; (v) identify, develop, and measure the effectiveness of technology-driven approaches to promote financial capability among young people; (vi) identify and test promising and tested approaches for increasing plan- ning, saving, and investing for retirement by young people; and (vii) promote the importance of starting to plan and act early for financial success broadly among Americans through public awareness campaigns or other means; (c) periodically report to the President, through the Secretary, on: (i) progress made in implementing the policy set forth in section 1 of this order; and (ii) recommended means to further implement the policy set forth in section 1 of this order, including with respect to the matters set forth in subsection (b) of this section; and (d) where appropriate in providing advice and recommendations, take into consideration the particular needs of traditionally underserved popu- lations—including women and minorities. Sec. 5. Administration of the Council. (a) To the extent permitted by law, the Department of the Treasury shall provide funding and administrative support for the Council, as determined by the Secretary, to implement this order. VerDate Mar<15>2010 19:09 Jun 27, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\28JNE0.SGM 28JNE0 sroberts on DSK5SPTVN1PROD with RULES 39161 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Presidential Documents (b) The heads of agencies shall provide, as appropriate and to the extent permitted by law, such assistance and information to the Council as the Secretary may request to implement this order. (c) Members of the Council appointed under section 3(a)(ii) of this order shall serve without any compensation for their work on the Council. (d) Members of the Council, while engaged in the work of the Council, may be allowed 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), consistent with the availability of funds. (e) The Secretary shall designate an official within the Department of the Treasury to serve as an Executive Director to supervise the administrative support for the Council. Sec. 6. Termination of the Council. Unless extended by the President, the Council shall terminate 2 years after the date of this order. Sec. 7. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the ‘‘Act’’), may apply to the Council, any functions of the President under the Act, except for that of reporting to the Congress, shall be performed by the Secretary in accordance with the guidelines issued by the Administrator of General Services. (b) 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 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. (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. THE WHITE HOUSE, June 25, 2013. [FR Doc. 2013–15782 Filed 6–27–13; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 19:09 Jun 27, 2013 Jkt 229001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\28JNE0.SGM 28JNE0 OB#1.EPS</GPH> sroberts on DSK5SPTVN1PROD with RULES

Establishing the President's Advisory Council on Financial Capability for Young Americans

2013-06-25T00:00:00

0a46b0a1037af76a22406a2cd0d8064773014edb5b3c68f170adf1c1557ff3d6

Presidential Executive Order

2015-15495 (13696)

Presidential Documents 35783 Federal Register Vol. 80, No. 119 Monday, June 22, 2015 Title 3— The President Executive Order 13696 of June 17, 2015 2015 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. 801–946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473 of April 13, 1984, as amended, it is hereby ordered as follows: Section 1. Part II, Part III, and Part IV of the Manual for Courts-Martial, United States, are amended as described in the Annex attached and made a part of this order. Sec. 2. These amendments shall take effect as of the date of this order, subject to the following: (a) Nothing in these amendments shall be construed to make punishable any act done or omitted prior to the effective date of this order that was not punishable when done or omitted. (b) Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceedings, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to the effective date of this order, and any such nonjudicial punishment, restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed. THE WHITE HOUSE, June 17, 2015. Billing code 3295–F5 VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 OB#1.EPS</GPH> tkelley on DSK3SPTVN1PROD with E0 35784 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.024</GPH> tkelley on DSK3SPTVN1PROD with E0 ANNEX Section 1. Part II of the rvianual for Courts-Martial, United States, is amended as follows: (a) R.C.M. 20 l( f)( l) is amended to insert the following after "Types of courts-martial" and before "( 1) General courts-martial": "[Note: R.C.M. 20l(f)(1)(D) and (f)(2)(D) apply to offenses committed on or after 24 June 2014.]" (b) R.C.M. 201(f)(l)(D) is inserted immediately after R.C.M. 20l(f)(l)(C) and reads as follows: "(D) Jurisdiction for Certain Sexual Offenses. Only a general court-martial has jurisdiction to try offenses under Article 120(a), 120(b), 120b(a), and l20b(b), forcible sodomy under Article 125, and attempts thereofunder Article 80." (c) R.C.M. 20l(f)(2)(D) is inserted immediately after R.C.M. 201(f)(2)(C)(iii) and reads as follows: "(D) Certain Offenses under Articles 120, I20b, and 125. Notwithstanding subsection (f)(2)(A), special courts-martial do not have jurisdiction over offenses under Articles 120(a), l20(b), 120b(a), and l20b(b), forcible sodomy under Article 125, and attempts thereof under Article 80. Such offenses shall hot be referred to a special court-martial." (d) R.C.M. 305(i)(2)(A)(i) is amended to read as follows: "(i) Matters considered. The review imder this subsection shall include a review of the memorandum submitted by the prisoner's commander under subsection (h)(2)(C) of this rule. Additional written matters may be considered, including any submitted by the prisoner. The prisoner and the prisoner's counsel, if any, shall be allowed to appear before the 7-day reviewing officer and make a statement, if practicable. A representative of the command may also appear before the reviewing officer to make a statement." 35785 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.025</GPH> tkelley on DSK3SPTVN1PROD with E0 (e) R.C.M. 305(i)(2)(A)(iv) is inserted immediately after R.C.M. 305(i)(2)(A)(iii) and reads as follows: "(iv) Victim's right to be reasonably heard. A victim of an alleged offense committed by the prisoner has the right to reasonable, accurate, and timely notice of the 7 -day review; the right to confer with the representative of the command and counsel for the government, if any, and the right to be reasonably heard during the review. However, the hearing may not be unduly delayed for this purpose. The right to be heard under this rule includes the right to be heard through counsel. The victim of an alleged offense shall be notified of these rights in accordance with regulations of the Secretary concerned." (f) R.C.M. 305(i)(2)(C) is amended to read as follows: "(C) Action by 7-day reviewing officer. Upon completion of review, the reviewing officer shall approve continued confinement or order immediate release. If the reviewing officer orders immediate release, a victim of ail alleged offense committed by the prisoner has the right to reasonable, accurate, and timely notice of the release, unless such notice may endanger the safety of any person." (g) R.C.M. 305(i)(2)(D) is amended to read as follows: "(D) Memorandum. The 7-day reviewing officer's conclusions, including the factual findings on which they are based, shall be set forth in a written memorandum. The memorandum shall also state whether the victim was notified of the review, was given the opportunity to confer with the representative of the command or counsel for the government, and was given a reasonable opportunity to be heard. A copy of the memorandum and all documents considered by the 7-day reviewing officer shall be maintained in accordance with regulations prescribed by the Secretary concerned and provided to the accused or the Government on request." 35786 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.026</GPH> tkelley on DSK3SPTVN1PROD with E0 (h) R.C.M. 305(n) is inserted immediately after R.C.M. 305(m)(2) and reads as follows: "(n) Notice to victim of escaped prisoner. A victim of an alleged offense committed by the prisoner for which the prisoner has been placed in pretrial confinement has the right to reasonable, accurate, and timely notice of the escape of the prisoner, unless sue~ notice may endanger the safety of any person." (i) R.C.M. 404(e) is amended to read as follows: "(e) Unless otherwise prescribed by the Secretary concerned, direct a preliminary hearing under R.C.M. 405, and, if appropriate, forward the report of preliminary hearing with the charges to a superior commander for disposition." U) A new rule, R.C.M. 404A, is inserted immediately after R.C.M. 404(e) and reads as follows: "Rule 404A. Disclosure of matters following direction of preliminary hearing (a) Vlhen a convening authority directs a preliminary hearing under R.C.M. 405, counsel for the government shall, subject to subsections (b) through (d) of this rule, within 5 days of issuance of the Article 32 appointing order, provide to the defense the following information or matters: ( 1) Charge sheet; (2) Article 32 appointing order; (3) Documents accompanying the charge sheet on which the preferral decision was based; (4) Documents provided to the convening authority when deciding to direct the preliminary hearing; ( 5) Documents the counsel for the government intends to present at the preliminary hearing; and (6) Access to tangible objects counsel for the government intends to present at the preliminary hearing. 35787 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.027</GPH> tkelley on DSK3SPTVN1PROD with E0 (b) Contrabcmd. If items covered by subsection (a) of this mle are contraband, the disclosure required under this rule is a reasonable opportunity to inspect said contraband prior to the hearing. (c) Privilege. If items covered by subsection (a) of this rule are privileged, classified or otherwise protected tmder Section V of Part III, no disclosure of those items is required under this rule. However, counsel for the government may disclose privileged, classified, or otherwise protected information covered by subsection (a) of this mle if authorized by the holder of the privilege, or in the case of Mil. R. Evid. 505 or 506, if authorized by a competent authority. (d) Protective order if privileged information is disclosed. Ifthe government agrees to disclose to the accused information to which the protections afforded by Section V of Part III may apply, the convening authority, or other person designated by regulation of the Secretary concerned, may enter an appropriate protective order, in writing, to guard against the compromise of information disclosed to the accused. The terms of any such protective or~er may include prohibiting the disclosure of the information except as authorized by the authority issuing the protective order, as well as those terms specified by Mil. R. Evid. 505(g)(2)-(6) or 506(g)(2)-(5)." (k) R.C.M. 405 is amended to read as follows: "Rule 405. Preliminary hearing (a) In general. Except as provided in subsection (k) of this rule, no charge or specification m~y be referred to a general court-martial for trial until completion of a preliminary hearing in substantial compliance with this rule. A preliminary hearing conducted under this rule is not intended to serve as a means of discovery and will be limited to an examination of those issues necessary to determine whether there is probable cause to conclude 'that an offense or offenses have been committed and whether the accused committed it; to determine whether a court- 35788 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.028</GPH> tkelley on DSK3SPTVN1PROD with E0 martial would have jurisdiction over the offense( s) and the accused; to consider the form of the charge(s); and to recommend the disposition that should be made of the charge(s). Failure to comply with this rule shall have no effect on the disposition of the charge(s) if the charge(s) is not referred to a general court-martial. (b) Earlier preliminary hearing. If a preliminary hearing of the subject matter of an offense has been conducted before the accused is charged with an offense, and the accused was present at the preliminary hearing and afforded the rights to counsel, cross-examination, and presentation of evidence required by this rule, no further preliminary hearing is required. (c) Who may direct a preliminary hearing. Unless prohibited by regulations of the Secretary concerned, a preliminary hearing may be directed under this rule by any court-martial convening authority. That authority may also give procedural instructions not inconsistent with these rules. (d) Personnel. (1) Preliminary hearing officer. Whenever practicable, the convening authority directing a preliminary hearing under this rule shall detail an impartial judge advocate certified under Article 27(b), not the accuser, as a preliminary hearing officer, who shall conduct the preliminary hearing and make a report that addresses whether there is probable cause to believe that an offense-or offenses have been committed and that the accused committed the offense(s); whether a court-martial would have jurisdiction over the offense(s) and the accused; the form of the charges(s); and a recommendation as to the disposition of the charge(s). When the appointment of a judge advocate as the preliminary hearing officer is ·not practicable, or in exceptional circumstances in which the; interest of justice warrants, the convening authority directing the preliminary hearing may detail an impartial commissioned officer, who is not the accuser, as the preliminary hearing officer. If the preliminary hearing 35789 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.029</GPH> tkelley on DSK3SPTVN1PROD with E0 officer is not a judge advocate, an impartial judge advocate certified under Article 27(b) ~hall be available to provide legal advice to the preliminary hearing officer. When practicable, the preliminary hearing officer shall be equal or senior in grade to the military counsel detailed to represent the accused and the government at the preliminary hearing. The Secretary concerned may prescribe additional limitations on the appointment of preliminary hearing officers. The preliminary hearing officer shall not depart from an impartial role and become an advocate for either side. The preliminary hearing officer is disqualified to act later in the same case in any other capacity. (2) Counsel to represent the United States. A judge advocate, not the accuser, shall serve as counsel to represent the United States, and shall present evidence on behalf of the government relevant to the limited scope and purpose of the preliminary hearing as set forth in subsection (a) of this rule. (3) Defense counsel. (A) Detailed counsel. Except as provided in subsection (d)(3)(B) of this rule, military counsel certified in accordance with Article 27(b) shall be detailed to represent the accused. (B) Individual military counsel. The accused may request to be represented by individual military ccii.msel. Such requests shall be acted on in accordance with R.C.M. 506(b). (C) Civilian counsel. The accused may be represented by civilian counsel at no expense to the United States. Upon request, the accused is entitled to a reasonable time to obtain civilian counsel and to have such counsel present for the preliminary hearing. However, the preliminary hearing shall not be unduly delayed for this purpose. Representation by civilian counsel shall not limit the rights to military counsel under subsections (d)(3)(A) and (B) of this rule. 35790 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.030</GPH> tkelley on DSK3SPTVN1PROD with E0 ( 4) Others. The convening authority who directed the preliminary hearing may also, as a matter of discretion, detail or request an appropriate authority to detail: (A) A r:.eporter; and (B) An interpreter. (e) Scope of preliminary hearing. (1) The preliminary heru.ing officer shall limit the inquiry to the examination of evidence, including witnesses, necessary to: (A) Determine whether there is probable cause to believe an offense or offenses have been committed and whether the accused committed it; (B) Determine whether a court-martial would have jurisdiction over the offense(s) and the accused; (C) Consider whether the form of the charge(s) is proper; and (D) Make a recommendation as to the disposition of the charge(s). (2) If evidence adduced during the preliminary hearing indicates that the accused committed any uncharged offense(s), the preliminary hearing officer may examine evidence and hear witnesses relating to the subject matter of such offense(s) and make the findings and recommendations enumerated i.n subsection (e)(l) of this rule regarding such offense(s) without the accused first having been charged with the offense. The accused's rights under subsection (f)(2) of this rule, and, where it would not cause undue delay to the proceedings, subsection (g) of this rule, are the same with regard to both charged and uncharged offenses. When considering uncharged offenses identified during the preliminary hearing, the preliminary hearing officer shall inform the accused of the general nature of each uncharged offense considered, and 35791 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.031</GPH> tkelley on DSK3SPTVN1PROD with E0 otherwise afford the accused the same opportunity for representation, cross examination, and presentation afforded during the preliminary hearing of any charged offense. (f) Rights of the accused. (1) Prior to any preliminary hearing under this rule the accused shall have the right to: (A) Notice of any witnesses that the government intends to call at the prelimimrry hearing and copies of or access to any written or recorded statements made by those witnesses that relate to the subject matter of any charged offense; (i) For purposes of this rule, a "written statement" is one that is signed or otherwise adopted or approved by the witness that is within the possession or control of counsel for the government; and (ii) For purposes of this rule, a "recorded statement" is an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and contained in a digital or other recording or a transcription thereof that is within the possession or control of counsel for the government. (B) Notice of, and reasonable access to, any other evidence that the government intends to offer at the preliminary hearing; and (C) Notice of, and reasonable access to, evidence that is within the possession or control of counsel for the government that negates or reduces the degree of guilt of the accused for an offense charged. (2) At any preliminary' hearing under this rule the accused shall have the right to: (A) Be advised of the charges under consideration; (B) Be represented by counsel; (C) Be informed of the purpose of the preliminary hearing; 35792 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.032</GPH> tkelley on DSK3SPTVN1PROD with E0 (D) Be informed of the right against self-incrimination under A.rticle 31; (E) Except in the circumstances described in R.C.M. 804(c)(2), be present throughout the taking of evidence; (F) Cross-examine witnesses on matters relevant to tb.e limited scope and purpose of the preliminary hearing; (G) Present matters in defense and mitigation relevant to the limited scope and purpose of the preliminary hearing; and (H) Make a statement relevant to the limited scope and purpose of the preliminary hearing. (g) Production of Witnesses and Other Evidence. (1) Military Witnesses. (A) Prior to the preliminary hearing, defense counsel shall provide to counsel for the government the names of proposed military witnesses whom the accused requests that the government produce to testifY at the preliminary hearing, and the requested form of the testimony, in accordance with the time line established by the preliminary hearing officer. Counsel for the government shall respond that either: (1) the government agrees that the witness's testimony is relevant, not cumulative, and necessary for the limited scope and purpose of the preliminary hearing and will seek to secure the witness's testimony for the hearing; or (2) the government objects to the proposed defe~se witness on the grounds that the testimony would be irrelevant, cumulative, or unnecessary based on the limited scope and purpose of the preliminary hearing. (B) If the government objects to the proposed defense witness, defense counsel may request that the preliminary hearing officer determine whether the witness is relevant, not cumulative, and necessary based on the limited scope and purpose of the preliminary hearing. 35793 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.033</GPH> tkelley on DSK3SPTVN1PROD with E0 (C) If the government does not object to the proposed defense military witness or the preliminary hearing officer determines that the military witness is relevant, not cumulative, and necessary, counsel for the government shall request that the commanding officer of the proposed military witness make that person available to provide testimony. The commanding officer shall determine whether the individual is available based on operational necessity or mission requirements, except that a victim, as defined in this rule, who declines to testify shall be deemed to be not available. If the commanding officer determines that the military witness is available, counsel for the government shall make arrangements for that individual's testimony. The commanding officer's determination of unavailability due to operational necessity or mission requirements is. final. If there is a dispute among the parties, the military witness's commanding officer shall determine whether the witness testifies in person, by video teleconference, by telephone, or by similar means of remote testimony. (2) Civilian Witnesses. (A) Defense counsel shall provide to counsel for the government the names of proposed civilian witnesses whom the accused requ~sts that the government produce to testify at the preliminary hearing, and the requested form of the testimony, in accordance with the timeline established by the preliminary hearing officer. Counsel for the government shall respond that either: (1) the government agrees that the witness's testimony is relevant, not cumulative, and necessary for the limited scope and purpose of the preliminary hearing and will seek to secure the \vitness's testimony for the hearing; or (2) the government objects to the proposed defense witness on the grounds that the testimony would be irrelevant, cumulative, or unnecessary based . . on the limited scope and purpose of the preliminary hearing. 35794 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.034</GPH> tkelley on DSK3SPTVN1PROD with E0 (B) If the government objects to the proposed defense witness, defense counsel may request that the preliminary hearing officer determine whether the witness is relevant, not cumulative, and necessary based on the limited scope and purpose of the preliminary hearing. (C) If the government does not object to the proposed civilian witness or the preliminary hearing officer determines that the civilian witness's testimony is relevant, not cumulative, and necessary, counsel for the government shall invite the civilian witness to provide testimony and, if the individual agrees, shall mal<e arrangements for that witness's testimony. If expense to the government is to be incurred, the convening authority who directed the preliminary hearing, or the convening authority's delegate, shall determine whether the witness testifies in person, by video teleconference, by telephone, or by similar means of remote testimony. (3) Other evidence. (A) Evidence under the control of the government. (i) Prior to the preliminary hearing, defense counsel shall provide to counsel for the government a list of evidence under the control of the government the accused requests the government produce to the defense for introduction at the preliminary hearing. The preliminary hearing officer may set a deadline by which defense requests must be received. Counsel for the government shall respond that either: (1) thegovernment agrees that the evidence is relevant, not cumulative, and necessary for the limited scope and purpose of the preliminary hearing and shall make reasonable efforts to obtain the evidence; or (2) the government objects to production of the evidence on the grounds that the evidence would be irrelevant, cumulative, or unnecessary based on the limited scope and purpose of the preliminary hearing. (ii) If the government objects to production of the evidence, defense counsel may request that the preliminary hearing officer determine whether the evidence should be produced. 35795 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.035</GPH> tkelley on DSK3SPTVN1PROD with E0 The preliminary hearing officer shall detennine whether the evidence is relevant, not cunmlative, and necessary based on the limited scope and purpose of the hearing. If the preliminary hearing officer determines that the evidence shall be produced, counsel for the government shall make reasonable efforts to obtain the evidence. (B) Evidence not under the control of the government. (i) Evidence not under the control of the government may be obtained through noncompulsory means or by subpoenas duces tecum issued by counsel for the government in accordance with the process established by R.C.M. 703. (ii) Prior to the preliminary hearing, defense counsel shall provide to counsel for the government a list of evidence not under the control of the government that the accused requests the government obtain. The preliminary hearing officer may set a deadline by which defense requests must be received. Counsel for the government shall respond that either: (1) the government agrees that the evidence is relevant, not cumulative, and necessary for the limited scope and purpose of the prelimiriary hearing and shall issue subpoenas duces tecum for the evidence; or (2) the goverinnent objects to production of the evidence on the grounds that the evidence would be irrelevant, cumulative, or unnecessary based on the limited scope and purp0se of the preliminary hearing. (iii) If the government objects to production of the evidence, defense counsel may request that the preliminary hearing officer determine whether the evidence should be produced. If the. preliminary hearing officer .detelmines that the evidence is relevant, not cumulative, and necessary based on the limited scope and purpose of the preliminary hearing and that the issuance of subpoenas duces tecum would not cause undue delay to the preliminary hearing, the preliminary hearing officer shall direct counsel for the government to issue subpoenas duces 35796 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.036</GPH> tkelley on DSK3SPTVN1PROD with E0 tecum for the defense-requested evidence. The preliminary hearing officer shall note in the report of preliminary hearing any failure on the part of counsel for the governrnent.to issue subpoenas duces tecum directed by the preliminary hearing officer. (h) 1v!ilitary Rules of Evidence. The Military Rules of Evidence do not apply in preliminary hearings under this rule except as follows: (1) Mil. R. Evid. 301-303 and 305 shall apply in their entirety. (2) Mil. R. Evid. 412 shall apply in any case that includes a charge defined as a sexual offense in Mil. R. Evid. 412(d), except that Mil. R. Evid. 412(b)(l)(C) shall not apply. (3) Mil. R. Evid., Section V, Privileges, shall apply, except that Mil. R. Evid. 505(f)-(h) and G); 506(f)-(h), (j), (k), and (rn); and 514(d)(6) shall not apply. (4) In applying these rules to a preliminary hearing, the term "military judge," as used in these rules, shall mean the preliminary hearing officer, who shall assume the military judge's authority to exclude evidence from the preliminary hearing, and who shall, in discharging this duty, follow the procedures set forth in the rules cited in subsections (h)(l)-(3) of this rule. However, the· preliminary hearing officer is not authorized to order production of communications covered by Mil. R. Evid. 513 and 5J4. (5) Failure to meet the procedural requirements of the applicable rules of evidence shall result in exclusion of that evidence from the preliminary hearing, unless good cause is shown. (i) Procedure. (l) Generally. The preliminary hearing shall begin with the preliminary hearing officer informing the accused of the accused's rights under subsection (f) of this rule. Counsel for the government will then present evidence. Upon the conclusion of counsel for the government's presentation of evidence, defense counsel may present matters in defense and mitigation 35797 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.037</GPH> tkelley on DSK3SPTVN1PROD with E0 consistent with subsection (f) of this rule. For the purposes of this rule, "matters in mitigation;' are defined as matters that may serve to explain the circumstances surrounding a charged offense. Both counsel for the government and defense shall be afforded an opportunity to cross- examine adverse witnesses. The preliminary hearing officer may also question witnesses called by the parties. If the preliminary hearing officer determines that additional evidence is necessary to satisfy the requirements of subsection (e) of this rule, the preliminary hearing officer may provide the parties an oppo~ity to present additional testimony or evidence relevant to the limited scope and purpose of the preliminary hearing. The preliminary hearing officer shall not consider evidence not presented at the preliminary hearing: The preliminary hearing officer shall not call witnesses sua sponte. (2) Notice to and presence of the victim(s). (A) The victim(s) of an offense under the UCMJ has the right to reasonable, accurate, and timely notice of a preliminary hearing relating to the alleged offense and the reasonable right to confer with counsel for the governmerit. For the purposes of this rule, a "victim" is a person who is alleged to 'have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification under consideration and is named in one· of the specifications under consideration. (B) A victim of an offense under consideration at the preliminary hearing is not required to testify at the preliminary hearing. (C) A victim has the right not to be excluded from any portion of a preliminary hearing . related to the alleged offense, unless the preliminary hearing officer, after receiving clear and convincing evidence, determines the testimony by the victim would be materially altered if the victim heard other testimony at the proceeding. 35798 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.038</GPH> tkelley on DSK3SPTVN1PROD with E0 (D) A victim shall be excluded if a privilege set forth in MiL R. Evid. 505 or 506 is invoked or if evidence is offered under Mil. R. Evid. 412, 513, or 514, for charges other than those in which the victim is named. (3) Presentation of evidence. (A) Testimony. Witness testimony may be provided in person, by video teleconference, by telephone, or by similar means of remote testimony. All testimony shall be taken under oath, except that the accused may make an unsworn statement. The preliminary hearing officer shall only consider testimony that is relevant to the limited scope and purpose of the preliminary hearing. (B) Other evidence. If relevant to the limited scope and purpose of the preliminary hearing, and not cumulative, a preliminary hearing officer may consider other evidence, in addition to or in lieu of witness testimony, including statements, tangible evidence, or reproductions thereof, offered by either side, that the preliminary hearing officer determines is reliable. This other evidence need not be sworn. (4) Access by spectators. Preliminary hearings are public proceedings and should remain open to the public whenever possible. The convening authority who directed the preliminary hearing or the preliminary hearing officer may restrict or foreclose access by spectators to all or part of the proceedings if an overriding in.terest exists that outweighs the value of an open preliminary hearing. Examples of overriding interests may include: preventing psychological harm or trauma to a child witness or an alleged victim of a sexual crime, protecting the safety or privacy of a witness or alleged victim, protecting classified material, and receiving evidence where a witness is incapable of testifying in an open setting. Any closure must be narrowly tailored to achieve the overriding interest that justified the closure. Convening authorittes or preliminary hearing 35799 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.039</GPH> tkelley on DSK3SPTVN1PROD with E0 officers must conclude that no lesser methods short of closing the preliminary hearing can be used to protect the overriding interest in the case. Convening authorities or preliminary hearing officers must conduct a case-by-case, witness-by-witness, circumstance-by-circumstance analysis of whether closure is necessary. If a convening authority or preliminary hearing officer believes closing the preliminary hearing is necessary, the convening authority or preliminary hearing officer must make specific findings of fact in writing that support the closure. The written findings of fact must be included in the report of preliminary hearing. (5) Presence of accused. The further progress of the taking of evidence shall not be prevented and the accused shall be considered to have waived the right to be present whenever the accused: (A) After being notified of the time and place of the proceeding is voluntarily absent; or (B) After being warned by the preliminary hearing officer that disruptive conduct will cause removal from the proceeding, persists in conduct that is such as to justify exclusion from the proceeding. . . (6) Recording of the preliminary hearing. Counsel for the government shall ensure that the preliminary hearing is recorded by a suitable recording device. A victim, as defined by subsection (i)(2)(A) of this rule, may request access to, or a copy of, the recording of the proceedings. Upon request, counsel for the government shall provide the requested access to, or a copy of, the recording to the victl.m not later than a reasonable time following dismissal of the charges, unless charges are dismissed for the purpose of re-referral, or court-martial adjournment. A victim is not entitled to classified information or access to or a copy of a ~ecording of closed sessions that the victim did not have the right to attend under subsectio~s (i)(2)(C) or (i)(2)(D) of this rule. (7) Objections. Any objection alleging a failure to comply with this rule shall be made to the convening authority via the preliminary hearing officer. 35800 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.040</GPH> tkelley on DSK3SPTVN1PROD with E0 (8) Sealed exhibits and proceedings. The preliminary hearing officer has the authority to order exhibits, proceedings, or other matters sealed as described in R.C.M. 1103A. G) Report of preliminary hearing. (1) In general. The preliminary hearing officer shall make a timely >vritten report of the preliminary hearing to the convening authority who directed the preliminary hearing. (2) Contents. The repon of preliminary hearing shall include: (A) A statement of names and organizations or addresses of defense counsel and whether defense counsel was present throughout the taking of evidence, or, if not present, the reason why; (B) The substance of the testimony taken on both sides; (C) Any other statements, documents, or matters considered by the preliminary hearing officer, or recitals of the substance or nature of such evidence; (D) A statement that an essential witness may not be available for trial; (E) An explanation of any delays in the preliminary hearing; (F) A notation if counsel for the government failed to issue a subpoena duces tecum that was directed by the preliminary hearing officer; (G) The preliminary hearing officer's determination as to whether there is probable cause to believe the offense(s) listed on the charge sheet or otherwise considered at the preliminary hearing occurred; (H) The preliminary hearing officer's determination as to whether there is probable cause to believe the accused committed the offense(s) listed on the charge sheet or otherwise considered at the preliminary hearing; (I) The prel}minary hearing officer's det~ination as to whether a co~rt-martial has jurisdiction over the offense(s) and the accused; 35801 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.041</GPH> tkelley on DSK3SPTVN1PROD with E0 (J) The preliminary hearing officer's determination as to whether the charge(s) and specification(s) are in proper form; and (K) The preliminary hearing officer's recommendations regarding disposition of the charge(s). (3) Sealed exhibits and proceedings. If the report of preliminary hearing contains exhibits, proceedings, or other matters ordered sealed by the preliminary hearing officer in accordance with R.C.M. 11 03A, counsel for the government shall cause such materials to be sealed so as to prevent unauthorized viewing or disclosure . . ( 4) Distribution of the report. The preliminary hearing officer shall cause the report to be delivered to the convening authority who directed the preliminary hearing. That convening authority shall promptly cause a copy of the report to be delivered to each accused. (5) Objections. Any objection to-the report shall be made to the convening authority who directed the preliminary hearing, via the preliminary hearing officer. Upon receipt of the report, the accused has 5 days to submit objections to the preliminary hearing officer. The preliminary hearing officer will forward the objections to the convening authority as soon as practicable. This subsection does not prohibit a convening authority from referring the cha:rge(s) or taking other action within the 5-day period. . . (k) Waiver. The accused may waive a preliminary hearing under this rule. However, the convening authority authorized to direct the preliminary hearing may direct that it be conducted notwithstanding the waiver. Failure to make a timely objection under this rule, including an objection to the report, shall constitUte waiver of the objection. Relief fr:om the waiver may be granted by the convening authority who directed the preliminary hearing, a superior convening authority, or the military judge, as appropriate, for good cause shown." 35802 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.042</GPH> tkelley on DSK3SPTVN1PROD with E0 (1) R.C.M. 601(g) is inserted immediately after R.C.M. 60l(f) and reads as follows: . "(g) Parallel convening authorities. If it is impracticable for the original convening authority to continue exercising authority over the charges, the convening authority may cause the charges, even if referred, to be transmitted to a parallel convening authority. This transmittal must be in writing and in accordance with such regulations as the Secretary concerned may prescribe. Subsequent actions taken by the parallel convening authority are within the sole discretion of that convening authority." (m) R.C.M. 702(a) is amended to read as follows: "(a) In general. A deposition may be ordered whenever, after preferral of charges, due to exceptional circumstances of the case it is in the interest of justice that the testimony of a prospective witness be taken and preserved for use at a preliminary hearing under Article 32 or a court-martial. A victim's declination to testify at a preliminary hearing or a victim's declination to submit to pretrial intervie~vs shall not, by themselves, be considered exceptional circumstances. In accordance with subsection (b) of this rule, the convening authority or military judge may order a deposition of a victim only if it is determined, by a preponderance of the evidence, that the victim will not be available to testify at court-martial." (n) R.C.M. 702(c)(2) is amended to read as follows: "(2) Contents of request. A request for a deposition shall include: (A) The name and address of the person whose deposition is requested, or, if the name of the person is unknown, a description of the office or position of the person; (B) A statement of the matters on which the person is to be examined; and (C) Whether an oral or written deposition is requested." (o) R.C.M. 702(c)(3)(A) is amended to read as follows: 35803 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.043</GPH> tkelley on DSK3SPTVN1PROD with E0 "(A) Upon receipt of a request for a deposition, the convening authority or military judge shall determine whether the requesting party has shown, by a preponderance of_ the evidence, that due to exceptional circuni.stances and in the interest of justice, the testimony of the prospective witness must be taken and preserved for use at a preliminary hearing under Article 32 or court-martial." (p) R.C.M. 702(d)(l) is amended to read as follows: "(1) Detail of deposition officer. When a request for a deposition is approved, the convening authority shall detail a judge advocate certified under Article 27(b) to serve as deposition officer. When the appointment of a judge advocate as deposition officer is not practicable, the convening authority may detail an impartial commissioned officer or appropriate civil officer authorized to administer oaths, not the accuser, to serve as deposition officer. If the deposition officer is not a judge advocate, .an impartial judge advocate certified under Article 27(b) shall be made available to provide legal advice to the deposition officer." (q) R.C.M. 703(e)(2)(B) is amended to read as follows: "(B) Contents. A subpoena shall state the command by which the proceeding is directed, and the title, if any, of the proceeding. A subpoena shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. A subpoena may also command the person to whom it is directed to produce books, papers, documents, data, or other objects or electronically stored information designated therein at the proceeding or at an earlier time for inspection by the parties. A subpoena issued for a preliminary hearing pursuant to Article 32 shall not command any person to attend or give testimony at an Article 32 preliminary hearing." (r) R.C.M. 703(e)(2)(C) is amended to read as follows: 35804 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.044</GPH> tkelley on DSK3SPTVN1PROD with E0 '~(C) Who may issue. ( 1) A subpoena to secure evidence may be issued by: (a) The summa.')' court-martial; (b) At an Article 32 preliminary hearing, detailed counsel for the government; (c) After referral to a court-martial, detailed trial counsel; (d) The president of a court of inquiry; or (e) An officer detailed to take a deposition." (s) R.C.M. 703(t)(4)(B) is amended to read as follows: "(B) Evidence not under the control of the government. Evidence not under the control of the government may be obtained by a subpoena issued in accordance with subsection (e)(2) of this rule. A subpoena duces tecum to produce books, papers, documents, data, or other objects or electronically stored information for a preliminary hearing pursuant to Article 32 may be issued, following the convening authority's order directing such preliminary hearing, by counsel for the government. A person in receipt of a subpoena duces tecum for an Article 32 hearing need not personally appear in order to comply with the subpoena." (t) R.C.M. 801(a)(6) i~ inserted after R.C.M. 80l(a)(5) and reads as follows: "( 6) In the case of a victim of.an offense under the UCMJ who is under 18 years of age and not a member of the armed forces~ or who is incompetent, incapacitated, or deceased, designate in writing a family member, a representative of the estate of the victim, or another suitable individual to assume the victim's rights under the UCMJ. (A) For the purposes of this 'rule, the individual is designated for the sole purpose of assuming the legal rights of the victim as they pertain to the vic.tim's status as a victim of any offense(s) properly before the court. 35805 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.045</GPH> tkelley on DSK3SPTVN1PROD with E0 (B) Procedure to determine appointment of designee. (i) As soon as practicable, trial counsel shall notify the military judge, counsel for the accused, and the victim(s) of any offense(s) properly before the court when there is an apparent requirement to appoint a designee under this rule. (ii) The military judge will determine if the appointment of a designee is required under this rule. (iii) At the discretion of the military judge, victim(s), trial counsel, and the accused may be given the opportunity to recommend to the military judge individual(s) for appointment. (iv) The military judge is not required to hold a hearing before determining whether a designation is required or making such an appointment under this rule. (v) If the military judge determines a hearing pursuant to Article 39(a), UCMJ, is necessary, the following shall be notified of the hearing and afforded the right to be present at the hearing: trial counsel, accused, and the victim(s). (vi) The individual designated shall not be the accused. (C) At any time after appointment, a designee shall be excused upon request by the designee or a finding of good cause by the military judge. (D) If the individual appointed to assume the victim's rights is excused, the military judge shall appoint a successor consistent with this rule." (u) A new R.C.M. 806(b)(2) is inserted immediately after R.C.M. 806(b)(l) and reads as follows: "(2) Right of victim to attend. A victim of an alleged offense committed by the accused may not be excluded from a court-martial relating to the offense unless the military judge, after receiving clear and convincing evidence, determines that testimony by the victim would be 35806 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00026 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.046</GPH> tkelley on DSK3SPTVN1PROD with E0 materially altered if the victim heard other testimony at that hearing or proceeding. The right to attend requires reasonable, accurate, and timely notice of a court-martial relating to the offense." (v) A new R.C.M. 806(b)(3) is inserted immediately after the new R.C.M. 806(b)(2) and reads as follows: "(3) Right of victim to confer. A victim of an alleged offense committed by the accused has the reasonable right to confer with the trial cotmsel." (w) R.C.M. 806(b)(2) is renumbered as R.C.M. 806(b)(4). (x) R.C.M. 906(b)(8) is amended to read as follows: "(8) Relief from pretrial confinement. Upon a motion for release from pretrial confinement, a victim of an alleged offense committed by the accused has the right to reasonable, accurate, and timely notice of the motion and any hearing, the right to confer with trial counsel, and the right to be reasonably heard. Inability to reasonably afford a victim these rights shall not delay the proceedings. The right to be heard under this rule includes the right to be heard through counsel." (y) R.C.M. 912(i)(3) is amended to read as follows: "(3) Preliminary hearing officer. For purposes of this rule, "preliminary hearing officer" includes any person who has examined charges under R.C.M. 405 and any person who was counsel for a member of a court of inquiry, or otherwise personally has conducted an investigation of the general matter involving the offenses charged." (z) R.C.M. lOOl(a)(l)(B) is amended to read as follows: "(B) Victim's right to be reasonably heard. See R.C.M. lOOlA." (aa) R.C.M. lOOl(a)(l)(C)-(G) are amended toread as follows: "(C) Presentation by the defense of evidence in extenuation or mitigation or both. . . (D) Rebuttal. 35807 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00027 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.047</GPH> tkelley on DSK3SPTVN1PROD with E0 (E) Argument by trial counsel on sentence. (F) Argument by defense counsel on sentence. (G) Rebuttal arguments in the discretion of the military judge." (bb) A new rule, R.C . .M. lOOlA, is inserted immediately after R.C . .M. lOOl(g) and reads as follows: "Rule I 00 1 A. Crime victims and presentencing (a) In general. A crime victim of an offense of which the accused has been found guilty has the right to be reasonably heard at a sentencing hearing relating to that offense. A victim under this rule is not considered a witness for purposes of Article 42(b). Trial counsel shall ensure the victim is aware of the opportunity to exercise that right. If the victim exercises the right to be reasonably heard, the victim shall be called by the court-martial. This right is independent of whether the victim testified during findings or is called to testifY under R.C.M. 1001. (b) Definitions. (1) Crime victim. For purposes of this rule, a "crime victim" is an individual who has suffered direct physical, emotional, or pecuriiary harm as a result of the commission of ari offense of which the accused was found guilty. (2) Victim Impact. For the purposes of this rule, "victim impact" includes any financial, social, psychological, or medical impact on the victim directly relating to or arising from the offense of which the accused has been found guilty. (3) Mitigation. For the purposes of this rule, "mitigation" includes a matter to lessen the punishment to be adjudged by the court-martial or to furnish grounds for a recommendation of clemency. (4) Right to be reasonably heard. 35808 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.048</GPH> tkelley on DSK3SPTVN1PROD with E0 (A) Capital cases. In capital cases, for purposes of this rule, the "right to be reasonably heard" means the right to make a sworn statement. (B) Non-capital cases. In non-capital cases, for purposes of this rule, the "right to be reasonably heard" means the right to make a sworn or unsworn statement. (c) Content of statement. The content of statements made und~r subsections (d) and (e) oftllis rule may include victim impact or matters in mitigation. (d) Sworn statement. The victim may give a sworn statement under this rule and shall be subject to cross-examination concerning the statement by the trial counsel or defense counsel or examination on the statement by the court-martial, or all or any of the three. When a victim is under 18 years of age, incompetent, incapacitated, or deceased, the sworn statement may be made by the victim's designee appointed under R.C.M. 80l(a)(6}. Additionally, a victim under 18 years of age may elect to make a sworn statement. (e) Unsworn statement. The victim may make an unsworn statement and may not be cross- examined by the trial counsel or defense counsel upon it or examined upon it by the court- martial. The prosecution or defense may, however, rebut any statements of facts therein. The unsworn statement may be oral, written, or both. When a victim is under 18 years of age, incompetent, incapacitated, or deceased, the unsworn statement may be made by the victim's designee appointed under R.C.M. 80l(a)(6). Additionally, a victim under 18 years of age may elect to make an unsworn statement. (1) Procedure for presenting unsworn statement. After the announcement of findings, a victim who would like to present an unsworn statement shall provide a copy to the trial counsel, defense counsel, and military judge. The military judge may waive this requirement for good cause shown. 35809 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.049</GPH> tkelley on DSK3SPTVN1PROD with E0 (2) Upon good cause shown, the military judge may pennit the victim's counsel to deliver all or part of the victim's unsworn statement. (cc) R.C.M. 1103A(a) is amended to read as follows: "(a) In general. If t.t:te report of preliminary hearing or record of trial contains exhibits, proceedings, or other matter ordered sealed by the preliminary hearing officer or military judge, counsel for the government or trial counsel shall cause such materials to be sealed so as to prevent unauthorized viewing or disclosure. Counsel for the government or trial counsel shall ensure that such materials are properly marked, including an annotation that the material was sealed by order of the preliminary hearing officer or military judge, and inserted at the appropriate place in the original record of trial. Copies of the report of preliminary hearing or record of trial shall contain appropriate annotations that matters were sealed by order of the preliminary hearing officer or military judge and have been inserted in the report of preliminary hearing or original record of trial. This Rule shall be implemented in a manner consistent with Executive Order 13526, concerning classified national security information." (dd) R.C.M. ll03A(b)(l) is amended to read as follows: "(1) Prior to referral. The following individuals may examine sealed materials only if necessary for proper fulfillment of their responsibilities under the UCMJ, the MCM, governing directives, instructions, regulations, applicable rules for practice and procedure, or rules of professional responsibility: the judge advocate advising the convening authority who directed the Article 32 preliminary hearing; the convening authority who directed the Article 32 preliminary hearing; the staff judge advocate to the general court-martial convening authority; and the general court-martial convening authority." 35810 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.050</GPH> tkelley on DSK3SPTVN1PROD with E0 (ee) R.C.M. ll03A(b)(5) is inserted immediatelyafter R.C.M. 1103A(b)(4)(E)(viii) and reads as follows: "(5) Ecamination of sealed matters. For the purpose of this mle, "examination" includes reading, viewing, photocopying, photographing, disclosing, or manipulating the sealed matters in any way." (ff) R.C.M. 1105 is amended by inserting the following Note before the mle's heading: «[Note: R.C.M. 1105(b)(l) and (b)(2)(C) apply to offenses committed on or after 24 June 20 14.]" (gg) R.C.M. 1105(b)(1) is amended to read as follows: "(1) The accused may submit to the convening authority any matters that may reasonably tend to affect the convening authority's decision whether to disapprove any findings of guilty or to approve the sentence, except as maybe limited by R.C.M. 1107(b)(3)(C). The convening authority is· only required to consider written submissions." (hh) R.C.M. 1105(b)(2)(C) is amended to read as follows: '"(C) Matters in mitigation that were not available for consideration at the court-martial, except as may be limited by R.C.M. 1107(b)(3)(B); and'' (ii) R.C.M. Il07 is amended by inserting the following Note before the rule's heading: "[Note: Subsections (b)-(f) ofR.C.M. 1107 apply to offenses committed on or after 24 June 2014; however, if at least one offense in a case occurred prior to 24 June 2014, then the prior version ofRCM 1 i07 applies to all offenses in the case, except that mandatory minimum sentences under Article 56(b) and applicable mles under RCM 11 07(d)(l)(D)-(E) still apply.]" (jj) R.C.M. ll07(b)(l) is amended to read as follows: 35811 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.051</GPH> tkelley on DSK3SPTVN1PROD with E0 "( 1) Discretion of convening authority. Any action to be taken on the findings and sentence is within the sole discretion of the convening authority. The convening authority is not required to review the case for legal errors or factual sufficiency." (kk) R.C.M. 11 07(b)(3)(A)(iii) is amended to read as follows: "(iii) Any matters submitted by the accused under R.C.M. 1105 or, if applicable, R.C.M. 1106(f);" (Il) R.C.M. ll07(b)(3)(A)(iv) is amended to read as follows: "(iv) Any statement submitted by a crime victim pursuant to R.C.M. 11 05A and subsection (C) of this rule." (mm) R.C.M. 1107(b)(3)(B)(i) is amended to read as f~llows: "(i) The record of trial, subject to the provisions ofR.C.M. 1103A and subsection (C) of this (nn) R.C.M. 1107(c) is amended to read as follows: "(c) Action on findings. Action on the findings is not required. However, the convening authority may take action subject to .the following limitations: (1) For offenses charged under subsection (a) or (b) of Article 120, offenses charged under Article 120b, and offenses charged under Article 125: (A) The convening authority is prohibited from: (i) Setting aside any finding of guilt or dismissing a specification; or (ii) Changing a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification. (B) The convening authority may direct a rehearing in accordance with subsection (e) of this rule. 35812 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.052</GPH> tkelley on DSK3SPTVN1PROD with E0 (2) For offenses other than those listed in subsection (c)(l) of this rule for which the maximum sentence of confinement that may be adjudged does not exceed two years without regard to the jurisdictional limits of the court, and the sentence adjudged does not include dismissal, a dishonorable discharge, bad-conduct discharge, or confinement for more than six months: (A) The convening authority may change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification; or (B) Set aside any finding of guilty and: (i) Dismiss the specification and, if appropriate, the charge; or (ii) Direct a rehearing in accordance with subsection (e) ofthis rule. (3) If the convening authority acts to dismiss or change any charge or specification for an offense, the convening authority shall provide, at the same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of trial and action thereon." (oo) R.C.M. 1107(d)(l) is amended to read as follows: "( 1) In general. (A) The convening authority may not disapprove, commute, or suspend, in whole or in part, any portion of an adjudged sentence of confinement for more than six months . . (B) The convening authority may not disapprove, commute, or suspend that portion of an adjudged sentence that includes a dismissal, dishonorable discharge, or bad-conduct discharge. (C) The convening authority may disapprove, commute, or suspen4, in whole or in part, any pmiion of an adjudged sentence when doing so is not explicitly prohibited by this Rule. 35813 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.053</GPH> tkelley on DSK3SPTVN1PROD with E0 Actions affecting reduction in pay grade, forfeitures of pay and allowances, fines, reprimands, restrictions, and hard labor without confinement are not explicitly prohibited by this Rule. (D) The convening authority shall not disapprove, commute, or suspend any mandatory minimum sentence of dismissal or dishonorable discharge except in accordance with subsection (E) of this Rule. (E) Exceptions. (i) Trial counsel recommendation. Upon the recommendation of the trial counsel, in recognition of the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the convening authority or another person authorized to act under this section shall have the authority to disapprove, commute, or suspend the adjudged sentence, in whole or in part, even with respect to an offense for which a mandatory minimum sentence exists. (ii) Pretrial agreement. If a pretrial agreement has been entered into by the convening authority and the accused as authorized by R.C.M. 705, the convening authority shall have the authority to approve, disapprove, commute, or suspend a sentence, in whole or in part, pursuant to the tenns of the pretrial agreement. The convening authority may commute a mandatory sentence of a dishonorable discharge to a bad-conduct discharge pursuant to the terms of the pretrial agreement. (F) If the convening authority acts to disapprove, commute, or suspend, in whole or in part, the sentence of the court-martial for an offense, the convening authority shall provide, at the same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of trial and action thereon." (pp) R.C.M. ll07(d)(2) is amended to read as follows: 35814 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.054</GPH> tkelley on DSK3SPTVN1PROD with E0 "(2) Determining what sentence should be approved. The convening authority shall, subject to the limitations in subsection (d)( 1) above. approve that sentence that is warranted by the circumstances of the offense and appropriate for the accused." (qq) R.C.M. ll07(e)(l)(B)(ii) is amended to read as follows: "(ii) In cases subject to review by the Court of Criminal Appeals, before the case is forwarded under R.C.M. llll(a)(l) or (b)(l), but only as to any sentence that was approved or findings of guilty as were not disapproved in any earlier action. In cases of rehearing under subparagraph (c)(2) of this Rule, a supplemental action disapproving the sentence and some or all of the findings , as appropriate, shall be taken; or" (rr) R.C.M. 1107(e)(l)(C)(ii) is deleted. (ss) R.C.M. 1107(e)(l)(C)(iii) is renumbered as R.C.M. 1107(e)(l)(C)(ii). (tt) R.C.M. 1107(±)(2) is amended to read as follows: "(2) Modification of initial action. Subject to the limitations in subsections (c) and (d) of this Rule, the convening authority may recall and modify any action taken by that convening authority at any time before it has been published or before the accused has been officially notified. The convening authority may also recall and modify any action at any time prior to forwarding the record for review, as long as the modification does not result in action less favorable to the accused than the earlier action. In addition, in any special court-martial, the convening authority may recall and correct an illegal, erroneous, incomplete, or ambiguous action at any time before completion of review under R.C.M. 1112, as long as the correction does not result in action less favorable to the accused than the earlier action. When so directed by a higher reviewing authority or the Judge Advocate General, the convening authority shall modify any incomplete, ampiguous, void, or inaccurate action noted in review of the record of 35815 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.055</GPH> tkelley on DSK3SPTVN1PROD with E0 trial under Articles 64, 66, 67, or examination of the record of trial under Article 69. The convening authority shall personally sign any supplementary or corrective action. A written explanation is required for any modification of initial action that: 1) sets aside any finding of guilt or dismisses or changes any charge or specification for an offense; or 2) disapproves, commutes, or suspends, in whole or in part, the sentence. The written explanation shall be made a part of the record of trial and action thereon." (uu) R.C.M. 1107(g) is amended to read as follows: "(g) Incomplete. ambiguous, or erroneous action. When the action of the convening authority or of a higher authority is incomplete or ambiguous or contains error, the authority who took the incomplete, ambiguous, or erroneous action may be instructed by an authority acting under Articles 64, 66, 67, 67a, or 69 to withdraw the original action and substitute a corrected action." (vv) R.C.M. 1108(b) is amended to insert the following before the rule's text: "[Note: R.C.M. ll08(b) applies to offenses committed on or aftei.- 24 June 2014.]" (ww) R.C.M. 1108(b) is amended to read as follows: "(b) Who may suspend and remit. The convening authority may, after approving the ·sentence, suspend the execution of all. or any part of the sentence of a court-martial, except for a sentence of death or as prohibited under R.C.M. 11 07(d). The general court-martial convening authority over the accused at the time of the court-martial may, when taking action under R.C.M. 1112(f), suspep.d or remit any part of the sentence. The Secretary concerned and, when designated by the Secretary concerned, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer may suspend or remit any part or amount of the unexecuted. part ·of any sentence other than a sentence approved by the President or a 35816 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.056</GPH> tkelley on DSK3SPTVN1PROD with E0 sentence of confinement for life without eligibility for parole that has been ordered executed. The Secretary concerned may, however, suspend or remit the unexecuted part of a sentence of confinement for life without eligibility for parole after the service of a period of confinement of not less than 20 years. The commander of the accused who has the authority to convene a court-martial of the kind that adjudged the sentence may suspend or remit any part of the unexecuted part of any sentence by summary court-martial or of any sentence by special court- martial that does not include a bad-conduct discharge regardless of whether the person acting has previously approved the sentence. The "unexecuted part of any sentence'' is that part that has been approved and ordered executed but that has not actually been carried out" (xx) R.C.M. 1301(c) is amended to insert the following before the rule's text: "[Note: R.C.M. 1301(c) applies to offenses committed on or after 24 June 2014.]" (yy) R.C.M. t30t(c) is amended to number the current paragraph as (1), and a new R.C.M. 1301(c)(2) is inserted after the new R.C.M. 130l(c)(l) and reads as follows: "(2) Notwithstanding subsection (c)(l) of this Rule, summary courts-martial do not have jurisdiction over offenses under Articles 120(a), 120(b), 120b(a), 120b(b), forcible sodomy under Article 125, and attempts thereof under Article 80. Such offenses shall not be referred to a summary court-martial." (zz) R.C.M. 406(b)(2) and R.C.M. 1103 are amended by changing "report of investigation" to "report of preliminary hearing". (aaa) R.C.M. 603(b) and R.C.M. 912(f)(l)(F) are amended by changing "an investigating officer" to "a preliminary hearing officer". (bbb) R.C.M. 705{c)(2)(E), R.C.M. 905(b)(l), and R.C.M. 906(b)(3) are amended by changing "Article 32 investigation" to "Article 32 preliminary hearing". 35817 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.057</GPH> tkelley on DSK3SPTVN1PROD with E0 (ccc) R.C.M. 706(a), R.C.M. 706(c)(3)(A), R.C.M. 902(b)(2), R.C.M. 912(a)(l)(K), R.C.M._ 11 06(b ), and R.C.M. 1112( c) are amended by changing "investigating officer" to "preliminary hearing officer". 35818 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.058</GPH> tkelley on DSK3SPTVN1PROD with E0 Sec. z. Part III of the Manual for Courts-Martial, United States, is amended as follows: (a) Mil. R. Evid. 404(a)(2)(A) is amended to read as follows: "(A) The accused may offer evidence of the accused's pertinent trait and, if the evidence is admitted, the prosecution may offer evidence to rebut it. General military character is not a pertinent trait for the purposes of showing the probability of innocence of the accused for the following offenses under the UCMJ: (i) Articles 120-123a; (ii) Articles 125-127; (iii) Articles 129-132; (iv) Any other offense in which evidence of general military character of the accused is not relevant to any element of an offense for which the accused has been charged; or (v) An attempt or conspiracy to commit one of the above offenses." (b) Mil. R. Evid. 412(c)(2) is amended to read as follows: "(2) Before admitting evidence under this rule, the military judge must conduct a hearing, which shall be closed. At this hearing, the parties may call wi~esses, including the alleged victim, and offer relevant evidence. The alleged victim must be afforded a reasonable opportunity to· attend and be heard. However, the hearing may not be unduly delayed for this purpose. The right to be heard under this rule includes the right to be heard through counsel, including Special Victims' Counsel under section 1 044e oftitle 10, United States Code. In a case before a court-martial composed of a military judge and members, the military judge shall conduct the hearing outside the presence of the members pursuant to Article 39(a). The motion, related papers, and the record of the hearing must be sealed in accordance with R.C.M. ll03A and remain under seal unless the military judge or an appellate court orders otherwise." 35819 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.059</GPH> tkelley on DSK3SPTVN1PROD with E0 (c) Mil. R. Evid. 513(b)(2) is amended to read as follows: "(2) "Psychotherapist" means a psychiatrist, clinical psychologist, clinical social worker, or other mental health professional who is licensed in any State, territory, possession, the District of Columbia, or Puerto Rico to perform professional services as such, or who holds credentials to provide such services as such, or who holds credentials to provide such services from any military health care facility, or is a person reasonably believed by the patient to have such license or credentials." (d) Mil. R. Evid. 513(d)(8) is deleted. (e) Mil. R. Evid. 513(e)(2) is amended to read as follows: "(2) Before ordering the production or admission of evidence of a patient's records or communication, the military judge must conduct a hearing, which shall be closed. At the hearing, the parties may call witnesses, including the patient, and offer other relevant evidence. The patient must be afforded a reasonable opportunity to attend the hearing and be heard. However, the hearing may not be unduly delayed for this purpose. The right to be heard under this rule includes the right to be heard through counsel, including Special Victims' Counsel under section 1 044e of title 10, United States Code. In a case before, a court-martial composed of a military judge and members, the military judge must conduct the hearing outside t4e presence of the members." (f) Mil. R. Evid. 513(e)(3) is amended to read as follows: "(3) The military judge may examine the evidence or a proffer thereof in camera, if such examination is necessary to rule on the production or admissibility of protected records or communications. Prior to conducting an in camera review, the military judge must find by a preponderance of the evidence that the moving party showed:_ 35820 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.060</GPH> tkelley on DSK3SPTVN1PROD with E0 (A) a specific factUal basis demonstrating a reasonable likelihood that the records or communications would yield evidence admissible under an exception to the privilege; (B) that the requested information meets one of the eimmerated exceptions under subsection (d) of this rule; (C) that the infonnation sought is not merely cumulative of other information available; and (D) that the party made reasonable efforts to obtain the same or substantially similar information through non-privileged sources." (g) A new Mil. R. Evid. 513(e)(4) is inserted immediately after Mil. R. Evid. 513(e)(3) and reads as follows: "( 4) Any production or disclosure permitted by the military judge under this rule must be narrowly tailored to only the specific records or communications, or portions of such records or communications, that meet the requirements for one of the enumerated exceptions to the privilege under subsection (d) of this Rule and are included in the stated purpose for which the records or communications are sought under subsection (e)(l)(A) of this Rule." (h) Mil. R. Evid. 513(e)(4) is renumbered as Mil. R. Evid. 513(e)(5). (i) Mil. R. Evid. 513(e)(5) is renumbered as Mil. R. Evid. 513(e)(6) .. (j) The title of Mil. R. Evid. 514 is amended to read as follows: "Victim advocate-victim and Department of Defense Safe Helpline staff-victim privilege" (k) Mil. R. Evid. 514(a) is amended to read as follows: "(a) General Rule. A victim has a privilege to refuse to disclose and to prevent anyother person from disclosing a confidential communication made between the alleged victim and a victim advocate or between the alleged victim and Department of Defense Safe Helpline staff, in a case 35821 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.061</GPH> tkelley on DSK3SPTVN1PROD with E0 arising under the UCMJ, if such communication was made for the purpose of facilitating advice or assistance to the alleged victim." (1) Mil. R. Evid. 514(b)(3)-(5) is amended toread as follows "(3) "Department of Defense Safe Helpline staff" are persons who are designated by competent authority in writing as Department of Defense Safe Helpline staff. ( 4) A communication is "confidential" if made in the course of the victim advocate-victim relationship or Department of Defense Safe Helpline staff-victim relationship and not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of advice or assistance to the alleged victim or those reasonably necessary for such transmission of the communication. (5) "Eviderice of a victim's records or communications" means testimony of a victim advocate or Departrriertt of Defense Safe Helpline staff, or records that pertain to communications by a victim to a victini advocate or Department of Defense Safe Helpline staff, for the purposes of advising or providing assistance to the victim." (m) Mil. R. Evid. 514( c) is amended to read as follows: "(c) rVho May Claim the Privilege. The privilege may be claimed by the victim or the guardian or conservator of the victim. A person who may claim the privilege may authorize trial counsel or a coi.msel representing the victim to claim the privilege on his or her behalf. The victim advocate or Department of Defense Safe Helpline staff who received the communication may claim the privilege on behalf of the victim. The authority of such a victim advocate, ,. Department of Defense Safe Helpline staff, guardian, conservator, or a counsel representing the victim to so assert the privilege is presumed in the absence of evidence to the contrary." (n) Mil. R. Evid. 514(d)(2)-(4) is amended to read as follows: 35822 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.062</GPH> tkelley on DSK3SPTVN1PROD with E0 "(2) \Vhen federal law, state law, Department of Defense regulation, or service regulation imposes a duty to report infmmation contained in a communication; · (3) Wnen a victim advocate or Department of Defense Safe Helpline staff believes that a victim's mental or emotional condition makes the victim a danger to any person, including the victim; ( 4) If the communication clearly contemplated the future commission of a fraud or crime, or if the services of the victim advocate or Department of Defense Safe Helpline staff are sought or obtained to enable or aid anyone to commit or plan to commit what the victim knew or reasonably should have known to be a crime or fraud;" (o) Mil. R. Evid. 514(e)(2) is amended to read as follows: "(2) Before ordering the production or admission of evidence of a victim's records or communication, the military judge must conduct a hearing, which shall be closed. At the hearing, the parties may call witnesses, including the victim, and offer other relevant evidence. The victim must be afforded a reasonable opportunity to attend the hearing and be heard. However, the hearing may not be unduly delayed for this purpose. The right to be heard under this rule includes the right to be heard through counsel, including Special Victims' Counsel under section 1 044e of title 10, United States Code. In a case before a court-martial composed of a military judge and members, the military judge must conduct the hearing outside the presence of the members." (p) Mil. R. Evid. 514(e)(3) is amended to read as follows: "(3) The military judge may examine the evidence, or a proffer thereof, in camera if such examination is necessary to rule on the production or admissibility of protected records or 35823 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.063</GPH> tkelley on DSK3SPTVN1PROD with E0 communications. Prior to conducting an in camera review, the military judge must tind by a preponderance of the evidence that the moving party showed: (A) a specific factual basis demonstrating a. reasonable likelihood that the records or communications would yield evidence admissible under an exception to the privilege; (B) that the requested information meets one of the enumerated exceptions under subsection (d) of this rule; (C) that the information sought is not merely cumulative of other information available; and (D) that the party made reasonable efforts to obtain the same or substantially similar information through non-privileged sources." (q) A new Mil. R. Evid. 514(e)(4) is inserted immediately after Mil. R. Evid. 514(e)(3) and reads as follows: "(4) Any production or disclosure permitted by the military judge under this rule must be narrowly tailored to only the specific records or communications, or portions Of such records or communications, that meet the requirements for one of the enumerated exceptions to th~privilege under subsection (d) above and are included in the stated purpose for which the records or communications are sought under subsection (e)(l)(A) above." (r) Mil. R. Evid. 514(e)(4) is renumbered !jS Mil. R. Evid. 514(e)(5). (s) Mil. R. Evid. 514(e)(5) is renumbered as Mil. R. Evid. 514(e)(6). (t) Mil. R. Evid. 615(e) is amended to read as follows: "(e) A victim of an offense from the trial of an accused for that offense, unless the military judge, after receiving clear and co·nvincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that hearing or proceeding." 35824 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.064</GPH> tkelley on DSK3SPTVN1PROD with E0 Sec . .2_. Part IV of the Manual for Courts-Martial, United States, is amended as follows: (a) Paragraph 5, Article 81 -Conspiracy, subparagraph a is amended to read as follows: "a. Text of statute. (a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. (b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly performs an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such 'other punishment as a court-martial or miljtary commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct." (b) Paragraph 5, Article 81- Conspiracy, subparagraph b is amended to read as follows: "b. Elements. ( 1) Conspiracy. (a) That the accused entered into an agreement with one or more persons to commit an offense \lnder the UCMJ; and (b) That, while the agreement continued to exist, and while the accused remained a party to the agreement, the accused or at least one of the co-conspirators performed an overt act for the purpose ofbringing about the object of the conspiracy. (2) Conspiracy when offense is (:m offense under the law of war resulting in the death of one or more victims. (a) That the accused entered into an agreement with one or more persons to commit an offense under the law of war; 35825 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00045 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.065</GPH> tkelley on DSK3SPTVN1PROD with E0 (b) That, while the agreement continued to exist, and while the accused remained a party to the agreement, the accused knowingly performed an overt act for the purpose of bringing about the object of the conspiracy; and (c) That death resulted to one or more victims." (c) Paragraph 5, Article 81 -Conspiracy, subparagraph e is amended to read as follows: "e. Ma;r:imum punishment. Any person subject to the code who is found guilty of conspiracy shall be subject to the maximum punishment authorized for the offense that is the object of the conspiracy. However, with the exception noted below, if death is an authorized punishment for the offense that is the object of the conspiracy, the maximum punishment shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole. If the offense that is the object of the conspiracy is an offense under the law ofwar, the person knowingly performed an overt act for the purpose of bringing about the object of the conspiracy, and death results to one or more victims, the death penalty shall be an available punishment." (d) Paragraph 5, Article 81- Conspiracy, subparagraph fis amended to read as follows: "f. Sample specifications. (1)- Conspiracy._ In that ____ __:_ (personal jurisdiction data), did, (at/on board-location) (subject- matter jurisdiction data, if required), on or about __ 20 _· __ , conspire with (and ____ )to commit an offense under the Uniform Code of Military Justice, to wit: (larceny of , of a value of (about)$ , the property of · ), and in order to effect ~e object of the conspiracy the said ____ (and ____ ) did ___ _ (2) Conspiracy when offense is an offense under the law of war resulting in the death of one 35826 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00046 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.066</GPH> tkelley on DSK3SPTVN1PROD with E0 or more victims. In that ______ (personal jurisdiction data), did, (at/on board-location) (subject- matter jurisdiction data, if required), on or about· __ 20 _,conspire with (and --'----)to commit an offense under the law of war, to wit: (murder of ), and in order to effect the object of the conspiracy the said ____ knowingly did ____ _ resulting in the death of _____ _ (e) Paragraph 16, Article 92- Failure to obey order or regulation, is amended by inserting after subparagraph b.(3 )(c) a new Note and a new subparagraph b.(3)( d) as follows: "[Note: In cases where the dereliction of duty resulted in death or grievous bodily harm, ~dd the following as applicable] (d) That such dereliction of duty resulted in death or grievous bodily harm to a person other than the accused." (f) Paragraph 16, Article 92- Failure to obey order or regulation, is amended by inserting new subparagraphs c.(3)(e) and (f) immediately after Paragraph 16c.(3)(d) and read as follows: "(e) Grievous bodily hapn. "Grievous bodily harm" means serious bodily injury. It does not include minor injuries, such as a black eye or a bloody nose, but does inciude fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other serious bodily injuries. (f) Where the dereliction of duty resulted in death or grievous bodily harm, an intent to calise death or gi-ievous bodily harm is not required." (g) Paragraph 16, Article 92- Failure to obey order or regulation, is amended by renumbering the existing subparagraph e.(3)(B) as subparagraph e.(3)(C), inserting new subparagraph e.(3)(B), inserting a new subparagraph e.(3)(D), and inserting a new note following subparagraph 35827 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00047 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.067</GPH> tkelley on DSK3SPTVN1PROD with E0 e.(3)(D) as follows: "(B.) Through neglect or culpable inefficiency resulting in death or grievous bodily harm. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 18 months. (C) Willful. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. (D) Willful dereliction of duty resulting in death or grievous bodily harm. Dishonorable discharge, fmfeiture of all pay and allowances, and confinement for 2 years." [Note: For (1) and (2) above, the punishment set forth does not apply in the following cases: if, in the absence of the order or regulation that was violated or not obeyed, the accused would on the same facts be subject to conviction for another specific offense for which a lesser punishment is prescribed; or if the· violation or faillire to obey is a breach of restraint imposed as a result of an order. In these instances, the maximum punishment is that specifically prescribed elsewhere for that particular offense.] (h) Paragraph 16, Article 92- Failure to obey order or regulation, subparagraph f.( 4) is amended to read as follows: "(4) Dereliction in the performance of duties. In that, ____ (personal jurisdiction data), who (knew) (should have known) of his/her duties (at/on board-location) (subject-matter jurisdiction data, if required), (on or about 20_j . -- (from about __ 20 _ to about __ 20 _j; was derelict in the performance of those duties in that he/she (negligently) (willfully) (by culpable inefficiency) failed ___ ,, as it was his/her duty to do (, and that such dereliction of duty resulted in (grievous bodily harm, to wit: (broken leg) (deep cut) (fractured skull) to) (the death of) ____ _," (i) Paragraph 17, Article 93- Cruelty and maltreatment, subparagraphe is amended to read as 35828 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents [FR Doc. 2015–15495 Filed 6–19–15; 11:15 am] Billing code 5000–04 VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.068</GPH> tkelley on DSK3SPTVN1PROD with E0 follows: " e. Ma.:'Cimum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years." U) Paragraph 57, Article 131 -Perjury, subparagraph c is amended by changing "an investigation conducted under Article 32" to "a preliminary hearing conducted under Article 32" and by changing "an Article 3 2 investigation" to "an Article 3 2 preliminary hearing". (k) Paragraph 96, Article 134- Obstructing justice, subparagraph f is amended by changing "an investigating officer" to "a preliminary hearing officer" and by changing "before such investigating officer" to "before such preliminary hearing officer." (1) Paragraph 96a, Article 134- Wrongful interference with an adverse administrative proceeding, paragraph f is amended by changing "an investigating officer" to "a preliminary hearing officer" and by changing ''befot:e such investigating officer" to "before such preliminary hearing officer.?'

2015 Amendments to the Manual for Courts-Martial, United States

2015-06-17T00:00:00

065f1a9daef6ace17721643384b0f301c5e938bac704fb1418eb88be1e3cb76a

Presidential Executive Order

2013-15942 (13647)

Presidential Documents 39539 Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Presidential Documents Executive Order 13647 of June 26, 2013 Establishing the White House Council on Native American Affairs 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 and sustain prosperous and resilient Native American tribal governments, it is hereby ordered as follows: Section 1. Policy. The United States recognizes a government-to-government relationship, as well as a unique legal and political relationship, with feder- ally recognized tribes. This relationship is set forth in the Constitution of the United States, treaties, statutes, Executive Orders, administrative rules and regulations, and judicial decisions. Honoring these relationships and respecting the sovereignty of tribal nations is critical to advancing tribal self-determination and prosperity. As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and to strengthen its partnership with tribal governments, for our more recent history demonstrates that tribal self-deter- mination—the ability of tribal governments to determine how to build and sustain their own communities—is necessary for successful and prospering communities. We further recognize that restoring tribal lands through appro- priate means helps foster tribal self-determination. This order establishes a national policy to ensure that the Federal Government engages in a true and lasting government-to-government relationship with federally recognized tribes in a more coordinated and effective manner, including by better carrying out its trust responsibilities. This policy is established as a means of promoting and sustaining prosperous and resilient tribal communities. Greater engagement and meaningful consultation with tribes is of paramount importance in developing any policies affecting tribal nations. To honor treaties and recognize tribes’ inherent sovereignty and right to self-government under U.S. law, it is the policy of the United States to promote the development of prosperous and resilient tribal communities, including by: (a) promoting sustainable economic development, particularly energy, transportation, housing, other infrastructure, entrepreneurial, and workforce development to drive future economic growth and security; (b) supporting greater access to, and control over, nutrition and healthcare, including special efforts to confront historic health disparities and chronic diseases; (c) supporting efforts to improve the effectiveness and efficiency of tribal justice systems and protect tribal communities; (d) expanding and improving lifelong educational opportunities for Amer- ican Indians and Alaska Natives, while respecting demands for greater tribal control over tribal education, consistent with Executive Order 13592 of December 2, 2011 (Improving American Indian and Alaska Native Edu- cational Opportunities and Strengthening Tribal Colleges and Universities); and VerDate Mar<15>2010 22:07 Jun 28, 2013 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\01JYE0.SGM 01JYE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 39540 Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Presidential Documents (e) protecting tribal lands, environments, and natural resources, and pro- moting respect for tribal cultures. Sec. 2. Establishment. There is established the White House Council on Native American Affairs (Council). The Council shall improve coordination of Federal programs and the use of resources available to tribal communities. Sec. 3. Membership. (a) The Secretary of the Interior shall serve as the Chair of the Council, which shall also include the heads of the following executive departments, agencies, and offices: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Defense; (iv) the Department of Justice; (v) the Department of Agriculture; (vi) the Department of Commerce; (vii) the Department of Labor; (viii) the Department of Health and Human Services; (ix) the Department of Housing and Urban Development; (x) the Department of Transportation; (xi) the Department of Energy; (xii) the Department of Education; (xiii) the Department of Veterans Affairs; (xiv) the Department of Homeland Security; (xv) the Social Security Administration; (xvi) the Office of Personnel Management; (xvii) the Office of the United States Trade Representative; (xviii) the Office of Management and Budget; (xix) the Environmental Protection Agency; (xx) the Small Business Administration; (xxi) the Council of Economic Advisers; (xxii) the Office of National Drug Control Policy; (xxiii) the Domestic Policy Council; (xxiv) the National Economic Council; (xxv) the Office of Science and Technology Policy; (xxvi) the Council on Environmental Quality; (xxvii) the White House Office of Public Engagement and Intergovernmental Affairs; (xxviii) the Advisory Council on Historic Preservation; (xxix) the Denali Commission; (xxx) the White House Office of Cabinet Affairs; and (xxxi) such other executive departments, agencies, and offices as the Chair may, from time to time, designate. (b) A member of the Council may designate a senior-level official, who is a full-time officer or employee of the Federal Government, to perform his or her functions. (c) The Department of the Interior shall provide funding and administrative support for the Council to the extent permitted by law and within existing appropriations. VerDate Mar<15>2010 22:07 Jun 28, 2013 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\01JYE0.SGM 01JYE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 39541 Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Presidential Documents (d) The Council shall coordinate its policy development through the Do- mestic Policy Council. (e) The Council shall coordinate its outreach to federally recognized tribes through the White House Office of Public Engagement and Intergovernmental Affairs. (f) The Council shall meet three times a year, with any additional meetings convened as deemed necessary by the Chair. The Chair may invite other interested agencies and offices to attend meetings as appropriate. Sec. 4. Mission and Function of the Council. The Council shall work across executive departments, agencies, and offices to coordinate development of policy recommendations to support tribal self-governance and improve the quality of life for Native Americans, and shall coordinate the United States Government’s engagement with tribal governments and their communities. The Council shall: (a) make recommendations to the President, through the Director of the Domestic Policy Council, concerning policy priorities, including improving the effectiveness of Federal investments in Native American communities, where appropriate, to increase the impact of Federal resources and create greater opportunities to help improve the quality of life for Native Americans; (b) coordinate, through the Director of the Office of Public Engagement and Intergovernmental Affairs, Federal engagement with tribal governments and Native American stakeholders regarding issues important to Native Amer- icans, including with tribal consortia, small businesses, education and train- ing institutions including tribal colleges and universities, health-care pro- viders, trade associations, research and grant institutions, law enforcement, State and local governments, and community and non-profit organizations; (c) coordinate a more effective and efficient process for executive depart- ments, agencies, and offices to honor the United States commitment to tribal consultation as set forth in Executive Order 13175 of November 6, 2000 (Consultation and Coordination With Indian Tribal Governments), and my memorandum of November 5, 2009 (Tribal Consultation); and (d) assist the White House Office of Public Engagement and Intergovern- mental Affairs in organizing the White House Tribal Nations Conference each year by bringing together leaders invited from all federally recognized Indian tribes and senior officials from the Federal Government to provide for direct government-to-government discussion of the Federal Government’s Indian country policy priorities. Sec. 5. General Provisions. (a) The heads of executive departments, agencies, and offices shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out the functions of the Council. (b) 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. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) For purposes of this order, ‘‘federally recognized tribe’’ means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a. (e) For purposes of this order, ‘‘American Indian and Alaska Native’’ means a member of an Indian tribe, as membership is defined by the tribe. VerDate Mar<15>2010 22:07 Jun 28, 2013 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\01JYE0.SGM 01JYE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 39542 Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Presidential Documents (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, June 26, 2013. [FR Doc. 2013–15942 Filed 6–28–13; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 22:07 Jun 28, 2013 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\01JYE0.SGM 01JYE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Establishing the White House Council on Native American Affairs

2013-06-26T00:00:00

39351e7d9c83cc7a74b1b17d9c19411e902f282564d7e48b37442fb99a73d442

Presidential Executive Order

2013-12650 (13644)

Presidential Documents 31813 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Presidential Documents Executive Order 13644 of May 21, 2013 Amendment to Executive Order 13639 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. Amendment to Executive Order 13639. Section 2 of Executive Order 13639 of March 28, 2013 (Establishment of the Presidential Commis- sion on Election Administration), is amended by striking subsection 2(a) in its entirety and inserting in lieu thereof the following: ‘‘(a) The Commission shall be composed of not more than ten members appointed by the President. The members shall be drawn from among distin- guished individuals with knowledge about or experience in the administra- tion of State or local elections, as well as representatives of successful customer service-oriented businesses, and any other individuals with knowl- edge or experience determined by the President to be of value to the Commis- sion.’’ Sec. 2. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to a 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 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 21, 2013. [FR Doc. 2013–12650 Filed 5–23–13; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 22:25 May 23, 2013 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\24MYE0.SGM 24MYE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Amendment to Executive Order 13639

2013-05-21T00:00:00

6a0bd997ef79ed47e9ba7db36d73c01f31a2a5b4a180fed4a993fbf14416907e

Presidential Executive Order

2013-13523 (13645)

Presidential Documents 33945 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents Executive Order 13645 of June 3, 2013 Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Freedom and Counter-Proliferation Act of 2012 and Additional 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.), the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111–195) (22 U.S.C. 8501 et seq.) (CISADA), 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, and in order to take additional steps with respect to the national emergency declared in Executive Order 12957 of March 15, 1995, I, BARACK OBAMA, President of the United States of America, hereby order: Section 1. (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: (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 (includ- ing any foreign branch) 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. Sec. 2. (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: VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 33946 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents (i) that the person has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any Iranian person included on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets 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 any other person included on the SDN List whose property and interests in property are blocked pursuant to this paragraph 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 (ii) pursuant to authority delegated by the President and in accordance with the terms of such delegation, that sanctions shall be imposed on such person pursuant to section 1244(c)(1)(A) of IFCA. (b) With respect to any person 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, 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 (including any foreign branch) 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. Sec. 3. (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 knowingly conducted or facilitated any significant financial transaction: (i) on behalf of any Iranian person included on the SDN List (other than an Iranian depository institution whose property 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 2(a)(i) 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); or (ii) on or after the effective date of this order, for the sale, supply, or transfer to Iran of significant goods or services used in connection with the automotive sector of Iran. (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 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) Subsection (a)(i) of this section shall apply with respect to a significant financial transaction conducted or facilitated by a foreign financial 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 VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 33947 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents (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)(i) 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) Subsection (a)(i) of this section shall not apply to any person for conducting or facilitating a transaction for the provision of agricultural com- modities, 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. Sec. 4. Subsections 2(a) and 3(a)(i) 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 the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158) (22 U.S.C. 8701 et seq.) to which the exception under that section applies. Sec. 5. 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 6 or 7 of this order upon determining that the person: (a) on or after the effective date of this order, knowingly engaged in a significant transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the automotive sector of Iran; (b) is a successor entity to a person determined by the Secretary of State in accordance with this section to meet the criteria in subsection (a) of this section; (c) owns or controls a person determined by the Secretary of State in accordance with this section to meet the criteria in subsection (a) of this section, and had knowledge that the person engaged in the activities referred to in that subsection; or (d) 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 the criteria in subsection (a) of this section, and know- ingly participated in the activities referred to in that subsection. Sec. 6. When the Secretary of State, in accordance with the terms of section 5 of this order, has determined that a person meets any of the criteria described in subsections (a)–(d) of that section and has selected any of the sanctions 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 im- posed by the Secretary of State: (a) the Board of Directors of the Export-Import Bank shall deny approval of the issuance of any guarantee, insurance, extension of credit, or participa- tion 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 that requires the prior review VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 33948 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents 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 (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. Sec. 7. (a) When 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 1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of IFCA (including in each case as informed by section 1253(c)(2) of IFCA) or when the Secretary of State, in accordance with the terms of section 5 of this order, has determined that a person meets any of the criteria described in subsections (a)–(d) of that section, such Secretary may select one or more of the sanctions set forth below to impose on that person, and 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 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 (includ- ing any foreign branch) of the sanctioned person, and provide that such VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 33949 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents 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 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. Sec. 8. (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 (including any foreign branch) 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 or at the recommendation of the Secretary of State: (i) to have engaged, on or after January 2, 2013, in corruption or other activities relating to the diversion of goods, including agricultural commod- ities, food, medicine, and medical devices, intended for the people of Iran; (ii) to have 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) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the activities described in subsection (a)(i) or (a)(ii) of this section or any person whose property and interests in property are blocked pursuant to this section; 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 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 prior to the effective date of this order. Sec. 9. 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)(ii), 2(b), 7(a)(iv), and 8(a) of this order. Sec. 10. The prohibitions in subsections 1(b)(ii), 2(b), 7(a)(iv), and 8(a) of this order include but are not limited to: (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. VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 33950 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents Sec. 11. I hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens who meet one or more of the criteria in subsection 2(a), section 5, and subsection 8(a) of this order would be detrimental to the interests of the United States, and I hereby suspend the 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. 12. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order, other than the purposes described in sections 5, 6, and 11 of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. Sec. 13. (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 is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 14. 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 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,’’ as used in sections 6 and 7 of this order, 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,’’ as used in sections 1 and 3 of this order, means any foreign entity that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, com- modity 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 options 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 foregoing. 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 international 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 VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 33951 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents 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,’’ as used in sections 2 and 3 of this order, 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 term ‘‘person’’ means an individual or entity; (k) 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; (l) 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; (m) the term ‘‘sanctioned person’’ means a person that 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 is a person on whom sanctions shall be imposed pursuant to section 1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of IFCA (including in each case as informed by section 1253(c)(2) of IFCA), and on whom the Secretary of State or the Secretary of the Treasury has imposed any of the sanctions in section 6 or 7 of this order or a person on whom the Secretary of State, in accordance with the terms of section 5 of this order, has determined to impose sanctions pursuant to section 5; (n) for the purposes of this order, 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; (o) 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 (p) 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. VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 33952 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents Sec. 15. 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 an action taken pursuant to subsection 1(b)(ii), 2(b), 7(a)(iv), or 8(a) of this order. Sec. 16. Executive Order 13622 of July 30, 2012, is hereby amended as follows: (a) Subsection (a)(ii) of section 1 is amended by replacing ‘‘for the purchase or acquisition of petroleum or petroleum products from Iran’’ with ‘‘for the purchase, acquisition, sale, transport, or marketing of petroleum or petro- leum products from Iran’’. (b) Subsection (a)(iii) of section 1 is amended by replacing ‘‘for the purchase or acquisition of petrochemical products from Iran’’ with ‘‘for the purchase, acquisition, sale, transport, or marketing of petrochemical products from Iran’’. (c) Subsection (a)(i) of section 2 is amended by replacing ‘‘knowingly, on or after the effective date of this order, engaged in a significant transaction for the purchase or acquisition of petroleum or petroleum products from Iran’’ with ‘‘knowingly, on or after the effective date of this order, engaged in a significant transaction for the purchase, acquisition, sale, transport, or marketing of petroleum or petroleum products from Iran’’. (d) Subsection (a)(ii) of section 2 is amended by replacing ‘‘knowingly, on or after the effective date of this order, engaged in a significant transaction for the purchase or acquisition of petrochemical products from Iran’’ with ‘‘knowingly, on or after the effective date of this order, engaged in a signifi- cant transaction for the purchase, acquisition, sale, transport, or marketing of petrochemical products from Iran’’. (e) Subsection (e) of section 10 is amended by inserting the words ‘‘dealers in precious metals, stones, or jewels,’’ after the words ‘‘employee benefit plans,’’. Sec. 17. 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. 18. 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. 19. 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. VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 33953 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents Sec. 20. This order is effective at 12:01 a.m. eastern daylight time on July 1, 2013. THE WHITE HOUSE, June 3, 2013. [FR Doc. 2013–13523 Filed 6–4–13; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Freedom and Counter- Proliferation Act of 2012 and Additional Sanctions With Respect To Iran

2013-06-03T00:00:00

9b8222b360e9c389e513ffab111ee8e5ae2cc03be287622f58243aa3495d5774

Presidential Executive Order

2013-08501 (13640)

Presidential Documents 21211 Federal Register Vol. 78, No. 69 Wednesday, April 10, 2013 Title 3— The President Executive Order 13640 of April 5, 2013 Continuance of Advisory Council 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. Continuing the President’s Advisory Council on Faith-Based and Neighborhood Partnerships. The President’s Advisory Council on Faith-Based and Neighborhood Partnerships, as set forth under the provisions of Executive Order 13498 of February 5, 2009, and reestablished by section 5 of Executive Order 13569 of April 5, 2011, is hereby extended and shall terminate 2 years from the date of this order unless further extended by the President. 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. THE WHITE HOUSE, April 5, 2013. [FR Doc. 2013–08501 Filed 4–9–13; 8:45 am] Billing code 3295–F3 VerDate Mar<15>2010 15:43 Apr 09, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\10APE0.SGM 10APE0 OB#1.EPS</GPH> pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS

Continuance of Advisory Council

2013-04-05T00:00:00

184fb4da9b213fe42b28c66fffaa731df048fe235b9db3a341fb631b0628061c

Presidential Executive Order

2013-11533 (13642)

Presidential Documents 28111 Federal Register Vol. 78, No. 93 Tuesday, May 14, 2013 Title 3— The President Executive Order 13642 of May 9, 2013 Making Open and Machine Readable the New Default for Government Information 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. General Principles. Openness in government strengthens our de- mocracy, promotes the delivery of efficient and effective services to the public, and contributes to economic growth. As one vital benefit of open government, making information resources easy to find, accessible, and usable can fuel entrepreneurship, innovation, and scientific discovery that improves Americans’ lives and contributes significantly to job creation. Decades ago, the U.S. Government made both weather data and the Global Positioning System freely available. Since that time, American entrepreneurs and innovators have utilized these resources to create navigation systems, weather newscasts and warning systems, location-based applications, preci- sion farming tools, and much more, improving Americans’ lives in countless ways and leading to economic growth and job creation. In recent years, thousands of Government data resources across fields such as health and medicine, education, energy, public safety, global development, and finance have been posted in machine-readable form for free public use on Data.gov. Entrepreneurs and innovators have continued to develop a vast range of useful new products and businesses using these public information resources, creating good jobs in the process. To promote continued job growth, Government efficiency, and the social good that can be gained from opening Government data to the public, the default state of new and modernized Government information resources shall be open and machine readable. Government information shall be man- aged as an asset throughout its life cycle to promote interoperability and openness, and, wherever possible and legally permissible, to ensure that data are released to the public in ways that make the data easy to find, accessible, and usable. In making this the new default state, executive depart- ments and agencies (agencies) shall ensure that they safeguard individual privacy, confidentiality, and national security. Sec. 2. Open Data Policy. (a) The Director of the Office of Management and Budget (OMB), in consultation with the Chief Information Officer (CIO), Chief Technology Officer (CTO), and Administrator of the Office of Informa- tion and Regulatory Affairs (OIRA), shall issue an Open Data Policy to advance the management of Government information as an asset, consistent with my memorandum of January 21, 2009 (Transparency and Open Govern- ment), OMB Memorandum M–10–06 (Open Government Directive), OMB and National Archives and Records Administration Memorandum M–12– 18 (Managing Government Records Directive), the Office of Science and Technology Policy Memorandum of February 22, 2013 (Increasing Access to the Results of Federally Funded Scientific Research), and the CIO’s strategy entitled ‘‘Digital Government: Building a 21st Century Platform to Better Serve the American People.’’ The Open Data Policy shall be updated as needed. (b) Agencies shall implement the requirements of the Open Data Policy and shall adhere to the deadlines for specific actions specified therein. When implementing the Open Data Policy, agencies shall incorporate a full analysis of privacy, confidentiality, and security risks into each stage VerDate Mar<15>2010 16:44 May 13, 2013 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\14MYE0.SGM 14MYE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 28112 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Presidential Documents of the information lifecycle to identify information that should not be re- leased. These review processes should be overseen by the senior agency official for privacy. It is vital that agencies not release information if doing so would violate any law or policy, or jeopardize privacy, confidentiality, or national security. Sec. 3. Implementation of the Open Data Policy. To facilitate effective Govern- ment-wide implementation of the Open Data Policy, I direct the following: (a) Within 30 days of the issuance of the Open Data Policy, the CIO and CTO shall publish an open online repository of tools and best practices to assist agencies in integrating the Open Data Policy into their operations in furtherance of their missions. The CIO and CTO shall regularly update this online repository as needed to ensure it remains a resource to facilitate the adoption of open data practices. (b) Within 90 days of the issuance of the Open Data Policy, the Adminis- trator for Federal Procurement Policy, Controller of the Office of Federal Financial Management, CIO, and Administrator of OIRA shall work with the Chief Acquisition Officers Council, Chief Financial Officers Council, Chief Information Officers Council, and Federal Records Council to identify and initiate implementation of measures to support the integration of the Open Data Policy requirements into Federal acquisition and grant-making processes. Such efforts may include developing sample requirements lan- guage, grant and contract language, and workforce tools for agency acquisi- tion, grant, and information management and technology professionals. (c) Within 90 days of the date of this order, the Chief Performance Officer (CPO) shall work with the President’s Management Council to establish a Cross-Agency Priority (CAP) Goal to track implementation of the Open Data Policy. The CPO shall work with agencies to set incremental perform- ance goals, ensuring they have metrics and milestones in place to monitor advancement toward the CAP Goal. Progress on these goals shall be analyzed and reviewed by agency leadership, pursuant to the GPRA Modernization Act of 2010 (Public Law 111–352). (d) Within 180 days of the date of this order, agencies shall report progress on the implementation of the CAP Goal to the CPO. Thereafter, agencies shall report progress quarterly, and as appropriate. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, 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. VerDate Mar<15>2010 16:44 May 13, 2013 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\14MYE0.SGM 14MYE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 28113 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Presidential Documents (d) Nothing in this order shall compel or authorize the disclosure of privileged information, law enforcement information, national security infor- mation, personal information, or information the disclosure of which is prohibited by law. (e) Independent agencies are requested to adhere to this order. THE WHITE HOUSE, May 9, 2013. [FR Doc. 2013–11533 Filed 5–13–13; 8:45 am] Billing code 3295–F3 VerDate Mar<15>2010 16:44 May 13, 2013 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14MYE0.SGM 14MYE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Making Open and Machine Readable the New Default for Government Information

2013-05-09T00:00:00

9449b780f964cfec38f5ba7569a2fba9b49eafa5bb71c5ed05ce8ff873ac2e24

Presidential Executive Order

2013-07837 (13639)

Presidential Documents 19979 Federal Register Vol. 78, No. 64 Wednesday, April 3, 2013 Title 3— The President Executive Order 13639 of March 28, 2013 Establishment of the Presidential Commission on Election Ad- ministration 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 administration of Federal elections and to improve the experience of all voters, it is hereby ordered as follows: Section 1. Establishment. There is established the Presidential Commission on Election Administration (Commission). Sec. 2. Membership. (a) The Commission shall be composed of not more than nine members appointed by the President. The members shall be drawn from among distinguished individuals with knowledge about or experience in the administration of State or local elections, as well as representatives of successful customer service-oriented businesses, and any other individuals with knowledge or experience determined by the President to be of value to the Commission. (b) The President shall designate two members of the Commission to serve as Co-Chairs. Sec. 3. Mission. (a) The Commission shall identify best practices and other- wise make recommendations to promote the efficient administration of elec- tions in order to ensure that all eligible voters have the opportunity to cast their ballots without undue delay, and to improve the experience of voters facing other obstacles in casting their ballots, such as members of the military, overseas voters, voters with disabilities, and voters with limited English proficiency. In doing so, the Commission shall consider as appropriate: (i) the number, location, management, operation, and design of polling places; (ii) the training, recruitment, and number of poll workers; (iii) voting accessibility for uniformed and overseas voters; (iv) the efficient management of voter rolls and poll books; (v) voting machine capacity and technology; (vi) ballot simplicity and voter education; (vii) voting accessibility for individuals with disabilities, limited English proficiency, and other special needs; (viii) management of issuing and processing provisional ballots in the polling place on Election Day; (ix) the issues presented by the administration of absentee ballot programs; (x) the adequacy of contingency plans for natural disasters and other emergencies that may disrupt elections; and (xi) other issues related to the efficient administration of elections that the Co-Chairs agree are necessary and appropriate to the Commission’s work. (b) The Commission shall be advisory in nature and shall submit a final report to the President within 6 months of the date of the Commission’s first public meeting. VerDate Mar<15>2010 16:49 Apr 02, 2013 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\03APE0.SGM 03APE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 19980 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Presidential Documents Sec. 4. Administration. (a) The Commission shall hold public meetings and engage with Federal, State, and local officials, technical advisors, and nongovernmental organizations, as necessary to carry out its mission. (b) In carrying out its mission, the Commission shall be informed by, and shall strive to avoid duplicating, the efforts of other governmental enti- ties. (c) The Commission shall have a staff which shall provide support for the functions of the Commission. Sec. 5. Termination. The Commission shall terminate 30 days after it presents its final report to the President. Sec. 6. 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) 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. (c) 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). (d) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to a 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. (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, March 28, 2013. [FR Doc. 2013–07837 Filed 4–2–13; 8:45 am] Billing code 3295–F3 VerDate Mar<15>2010 16:49 Apr 02, 2013 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\03APE0.SGM 03APE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Establishment of the Presidential Commission on Election Administration

2013-03-28T00:00:00

cac116a07db3c46dc4ac9fa1d37841d98b18bc9d94e01d7dd2133fb3853418f6

Presidential Executive Order

2013-06712 (13638)

Presidential Documents 17589 Federal Register Vol. 78, No. 55 Thursday, March 21, 2013 Title 3— The President Executive Order 13638 of March 15, 2013 Amendments to Executive Order 12777 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. Section 4 of Executive Order 12777 of October 18, 1991, as amended (Implementation of Section 311 of the Federal Water Pollution Control Act of October 18, 1972, as Amended, and the Oil Pollution Act of 1990) is further amended by striking section 4 in its entirety and inserting in lieu thereof the following: ‘‘Sec. 4. Liability Limit Adjustment. (a)(1) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of the department in which the Coast Guard is operating, acting in consulta- tion with the Administrator, the Secretary of Transportation, the Secretary of the Interior, and the Attorney General: (A) the adjustment of the limits of liability listed in section 1004(a) of OPA for vessels, onshore facilities, and deepwater ports subject to the DPA, to reflect significant increases in the Consumer Price Index; (B) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of marine transportation-related on- shore facilities, and the adjustment of any such limits of liability estab- lished under section 1004(d)(1), and of any limits of liability established under section 1004(d)(2) with respect to deepwater ports subject to the DPA, to reflect significant increases in the Consumer Price Index; and (C) the reporting to Congress on the desirability of adjusting limits of liability, with respect to vessels, marine transportation-related onshore facilities, and deepwater ports subject to the DPA. (2) The Administrator and the Secretary of Transportation will provide necessary regulatory analysis support to ensure timely regulatory Consumer Price Index adjustments by the Secretary of the department in which the Coast Guard is operating of the limits of liability listed in section 1004(a) of OPA for onshore facilities under subparagraph (a)(1)(A) of this section. (b) The following functions vested in the President by section 1004(d) of OPA are delegated to the Administrator, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Transportation, the Secretary of the Interior, the Secretary of Energy, and the Attorney General: (1) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of non-transportation-related onshore facili- ties, and the adjustment of any such limits of liability established under section 1004(d)(1) by the Administrator to reflect significant increases in the Consumer Price Index; and (2) the reporting to Congress on the desirability of adjusting limits of liability with respect to non-transportation-related onshore facilities. (c) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of Transportation, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the Administrator, the Secretary of the Interior, and the Attorney General: (1) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of non-marine transportation-related onshore VerDate Mar<14>2013 16:28 Mar 20, 2013 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\21MRE0.SGM 21MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 17590 Federal Register / Vol. 78, No. 55 / Thursday, March 21, 2013 / Presidential Documents facilities, and the adjustment of any such limits of liability established under section 1004(d)(1) by the Secretary of Transportation to reflect sig- nificant increases in the Consumer Price Index; and (2) the reporting to Congress on the desirability of adjusting limits of liability, with respect to non-marine transportation-related onshore facili- ties. (d) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of the Interior, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the Administrator, the Secretary of Transportation, and the Attorney General: (1) the adjustment of limits of liability to reflect significant increases in the Consumer Price Index with respect to offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA; and (2) the reporting to Congress on the desirability of adjusting limits of liability with respect to offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA.’’ Sec. 2. (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 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 15, 2013. [FR Doc. 2013–06712 Filed 3–20–13; 11:15 am] Billing code 3295–F3 VerDate Mar<14>2013 16:28 Mar 20, 2013 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\21MRE0.SGM 21MRE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Amendments to Executive Order 12777

2013-03-15T00:00:00

d6085b3b5e6c19d4010b804386ec861d1f81278ef509981c248f1f2ce3d999c9

Presidential Executive Order

2013-05967 (13637)

Presidential Documents 16129 Federal Register Vol. 78, No. 49 Wednesday, March 13, 2013 Title 3— The President Executive Order 13637 of March 8, 2013 Administration of Reformed Export Controls By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.) (the ‘‘Act’’), and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Delegation of Functions. The following functions conferred upon the President by the Act, and related laws, are delegated as follows: (a) Those under section 3 of the Act (22 U.S.C. 2753), with the exception of subsections (a)(1), (b), (c)(3), (c)(4), and (f) (22 U.S.C. 2753(a)(1), (b), (c)(3), (c)(4), and (f)), to the Secretary of State. The Secretary of State, in the implementation of the delegated functions under sections 3(a) and (d) of the Act (22 U.S.C. 2753(a) and (d)), is authorized to find, in the case of a proposed transfer of a defense article or related training or other defense service by a foreign country or international organization not other- wise eligible under section 3(a)(1) of the Act (22 U.S.C. 2753(a)(1)), whether the proposed transfer will strengthen the security of the United States and promote world peace. (b) Those under section 5 (22 U.S.C. 2755) to the Secretary of State. (c) Those under section 21 of the Act (22 U.S.C. 2761), with the exception of the last sentence of subsection (d) and all of subsection (i) (22 U.S.C. 2761(d) and (i)), to the Secretary of Defense. (d) Those under sections 22(a), 29, 30, and 30A of the Act (22 U.S.C. 2762(a), 2769, 2770, and 2770a) to the Secretary of Defense. (e) Those under section 23 of the Act (22 U.S.C. 2763), and under section 7069 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (Public Law 112–74, Division I) and any subse- quently enacted provision of law that is the same or substantially the same, to the Secretary of Defense to be exercised in consultation with the Secretary of State and, other than the last sentence of section 23(a) (22 U.S.C. 2763(a)), in consultation with the Secretary of the Treasury, except that the President shall determine any rate of interest to be charged that is less than the market rate of interest. (f) Those under sections 24 and 27 of the Act (22 U.S.C. 2764 and 2767) to the Secretary of Defense. The Secretary of Defense shall consult with the Secretary of State and the Secretary of the Treasury in implementing the delegated functions under section 24 (22 U.S.C. 2764) and with the Secretary of State in implementing the delegated functions under section 27 (22 U.S.C. 2767). (g) Those under section 25 of the Act (22 U.S.C. 2765) to the Secretary of State. The Secretary of Defense shall assist the Secretary of State in the preparation of materials for presentation to the Congress under that section. (h) Those under section 34 of the Act (22 U.S.C. 2774) to the Secretary of State. To the extent the standards and criteria for credit and guaranty transactions are based upon national security or financial policies, the Sec- retary of State shall obtain the prior concurrence of the Secretary of Defense and the Secretary of the Treasury, respectively. VerDate Mar<15>2010 20:25 Mar 12, 2013 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\13MRE0.SGM 13MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16130 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Presidential Documents (i) Those under section 35(a) of the Act (22 U.S.C. 2775(a)) to the Secretary of State. (j) Those under sections 36(a) and 36(b)(1) of the Act (22 U.S.C. 2776(a) and (b)(1)), except with respect to the certification of an emergency as provided by subsection (b)(1) (22 U.S.C. 2776(b)(1)), to the Secretary of Defense. The Secretary of Defense, in the implementation of the delegated functions under sections 36(a) and (b)(1) (22 U.S.C. 2776(a) and (b)(1)), shall consult with the Secretary of State. With respect to those functions under sections 36(a)(5) and (6) (22 U.S.C. 2776(a)(5) and (6)), the Secretary of Defense shall consult with the Director of the Office of Management and Budget. (k) Those under section 36(b)(1) with respect to the certification of an emergency as provided by subsection (b)(1) and under sections 36(c) and (d) of the Act (22 U.S.C. 2776(b)(1), (c), and (d)) to the Secretary of State. (l) Those under section 36(f)(1) of the Act (22 U.S.C. 2776(f)(1)) to the Secretary of Defense. (m) Those under sections 36(f)(2) and (f)(3) of the Act (22 U.S.C. 2776(f)(2) and (f)(3)) to the Secretary of State. (n) Those under section 38 of the Act (22 U.S.C. 2778) to: (i) the Secretary of State, except as otherwise provided in this subsection. Designations, including changes in designations, by the Secretary of State of items or categories of items that shall be considered as defense articles and defense services subject to export control under section 38 (22 U.S.C. 2778) shall have the concurrence of the Secretary of Defense. The authority to undertake activities to ensure compliance with established export condi- tions may be redelegated to the Secretary of Defense, or to the head of another executive department or agency as appropriate, who shall exer- cise such functions in consultation with the Secretary of State; (ii) the Attorney General, to the extent they relate to the control of the permanent import of defense articles and defense services. In carrying out such functions, the Attorney General shall be guided by the views of the Secretary of State on matters affecting world peace, and the external security and foreign policy of the United States. Designations, including changes in designations, by the Attorney General of items or categories of items that shall be considered as defense articles and defense services subject to permanent import control under section 38 of the Act (22 U.S.C. 2778) shall be made with the concurrence of the Secretary of State and the Secretary of Defense and with notice to the Secretary of Commerce; and (iii) the Department of State for the registration and licensing of those persons who engage in the business of brokering activities with respect to defense articles or defense services controlled either for purposes of export by the Department of State or for purposes of permanent import by the Department of Justice. (o) Those under section 39(b) of the Act (22 U.S.C. 2779(b)) to the Secretary of State. In carrying out such functions, the Secretary of State shall consult with the Secretary of Defense as may be necessary to avoid interference in the application of Department of Defense regulations to sales made under section 22 of the Act (22 U.S.C. 2762). (p) Those under the portion of section 40A of the Act added by Public Law 104–164 (22 U.S.C. 2785), to the Secretary of State insofar as they relate to commercial exports licensed under the Act, and to the Secretary of Defense insofar as they relate to defense articles and defense services sold, leased, or transferred under the Foreign Military Sales Program. (q) Those under the portion of section 40A of the Act added by the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104– 132) (22 U.S.C. 2781), to the Secretary of State. VerDate Mar<15>2010 20:25 Mar 12, 2013 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\13MRE0.SGM 13MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16131 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Presidential Documents (r) Those under sections 42(c) and (f) of the Act (22 U.S.C. 2791(c) and (f)) to the Secretary of Defense. The Secretary of Defense shall obtain the concurrence of the Secretary of State and the Secretary of Commerce on any determination considered under the authority of section 42(c) of the Act (22 U.S.C. 2791(c)). (s) Those under section 52(b) of the Act (22 U.S.C. 2795a(b)) to the Secretary of Defense. (t) Those under sections 61 and 62(a) of the Act (22 U.S.C. 2796 and 2796a(a)) to the Secretary of Defense. (u) Those under section 2(b)(6) of the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635(b)(6)) to the Secretary of State. Sec. 2. Coordination. (a) In addition to the specific provisions of section 1 of this order, the Secretary of State and the Secretary of Defense, in carrying out the functions delegated to them under this order, shall consult with each other and with the heads of other executive departments and agencies on matters pertaining to their responsibilities. (b) Under the direction of the President and in accordance with section 2(b) of the Act (22 U.S.C. 2752(b)), the Secretary of State, taking into account other United States activities abroad, shall be responsible for the continuous supervision and general direction of sales and exports under the Act, includ- ing the negotiation, conclusion, and termination of international agreements, and determining whether there shall be a sale to a country and the amount thereof, and whether there shall be delivery or other performance under such sale or export, to the end that sales and exports are integrated with other United States activities and the foreign policy of the United States is best served thereby. Sec. 3. Allocation of Funds. Funds appropriated to the President for carrying out the Act shall be deemed to be allocated to the Secretary of Defense without any further action of the President. Sec. 4. Revocation. Executive Order 11958 of January 18, 1977, as amended, is revoked; except that, to the extent consistent with this order, all determina- tions, authorizations, regulations, rulings, certificates, orders, directives, con- tracts, agreements, and other actions made, issued, taken, or entered into under the provisions of Executive Order 11958, as amended, and not revoked, superseded, or otherwise made inapplicable, shall continue in full force and effect until amended, modified, or terminated by appropriate authority. Sec. 5. Delegation of Functions under the International Emergency Economic Powers Act. Executive Order 13222 of August 17, 2001, is amended as follows: (a) Redesignate section 4 as section 6. (b) Insert the following new sections 4 and 5 after section 3: ‘‘Sec. 4. The Secretary of Commerce shall, to the extent required as a matter of statute or regulation, establish appropriate procedures for when Congress is to be notified of the export of firearms that are subject to the jurisdiction of the Department of Commerce under the Export Administration Regulations and that are controlled for purposes of permanent import by the Attorney General under section 38(a) of the Arms Export Control Act (22 U.S.C. 2778(a)) and appropriate procedures for when Congress is to be notified of the export of Major Defense Equipment controlled for purposes of perma- nent export under the jurisdiction of the Department of Commerce. Sec. 5. (a) The Secretary of State is hereby authorized to take such actions and to employ those powers granted to the President by the Act as may be necessary to license or otherwise approve the export, reexport, or transfer of items subject to the jurisdiction of the Department of Commerce as agreed to by the Secretary of State and the Secretary of Commerce. (b) Notwithstanding subsection (a) of this section, items licensed or other- wise approved by the Secretary of State pursuant to this section remain subject to the jurisdiction of the Department of Commerce.’’ VerDate Mar<15>2010 20:25 Mar 12, 2013 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\13MRE0.SGM 13MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16132 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Presidential Documents Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an 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, Washington, March 8, 2013. [FR Doc. 2013–05967 Filed 3–12–13; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 20:25 Mar 12, 2013 Jkt 226001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\13MRE0.SGM 13MRE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Administration of Reformed Export Controls

2013-03-08T00:00:00

05cab3007fe16fca37daba83919f2687ebc53f75672d7c074c1743f01030bbff

Presidential Executive Order

2013-03915 (13636)

Presidential Documents 11739 Federal Register Vol. 78, No. 33 Tuesday, February 19, 2013 Title 3— The President Executive Order 13636 of February 12, 2013 Improving Critical Infrastructure Cybersecurity By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Repeated cyber intrusions into critical infrastructure dem- onstrate the need for improved cybersecurity. The cyber threat to critical infrastructure continues to grow and represents one of the most serious national security challenges we must confront. The national and economic security of the United States depends on the reliable functioning of the Nation’s critical infrastructure in the face of such threats. It is the policy of the United States to enhance the security and resilience of the Nation’s critical infrastructure and to maintain a cyber environment that encourages efficiency, innovation, and economic prosperity while promoting safety, secu- rity, business confidentiality, privacy, and civil liberties. We can achieve these goals through a partnership with the owners and operators of critical infrastructure to improve cybersecurity information sharing and collabo- ratively develop and implement risk-based standards. Sec. 2. Critical Infrastructure. As used in this order, the term critical infra- structure means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters. Sec. 3. Policy Coordination. Policy coordination, guidance, dispute resolution, and periodic in-progress reviews for the functions and programs described and assigned herein shall be provided through the interagency process estab- lished in Presidential Policy Directive–1 of February 13, 2009 (Organization of the National Security Council System), or any successor. Sec. 4. Cybersecurity Information Sharing. (a) It is the policy of the United States Government to increase the volume, timeliness, and quality of cyber threat information shared with U.S. private sector entities so that these entities may better protect and defend themselves against cyber threats. Within 120 days of the date of this order, the Attorney General, the Secretary of Homeland Security (the ‘‘Secretary’’), and the Director of National Intel- ligence shall each issue instructions consistent with their authorities and with the requirements of section 12(c) of this order to ensure the timely production of unclassified reports of cyber threats to the U.S. homeland that identify a specific targeted entity. The instructions shall address the need to protect intelligence and law enforcement sources, methods, oper- ations, and investigations. (b) The Secretary and the Attorney General, in coordination with the Director of National Intelligence, shall establish a process that rapidly dis- seminates the reports produced pursuant to section 4(a) of this order to the targeted entity. Such process shall also, consistent with the need to protect national security information, include the dissemination of classified reports to critical infrastructure entities authorized to receive them. The Secretary and the Attorney General, in coordination with the Director of National Intelligence, shall establish a system for tracking the production, dissemination, and disposition of these reports. (c) To assist the owners and operators of critical infrastructure in protecting their systems from unauthorized access, exploitation, or harm, the Secretary, consistent with 6 U.S.C. 143 and in collaboration with the Secretary of VerDate Mar<15>2010 18:55 Feb 15, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\19FEE0.SGM 19FEE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 11740 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Presidential Documents Defense, shall, within 120 days of the date of this order, establish procedures to expand the Enhanced Cybersecurity Services program to all critical infra- structure sectors. This voluntary information sharing program will provide classified cyber threat and technical information from the Government to eligible critical infrastructure companies or commercial service providers that offer security services to critical infrastructure. (d) The Secretary, as the Executive Agent for the Classified National Secu- rity Information Program created under Executive Order 13549 of August 18, 2010 (Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities), shall expedite the processing of security clearances to appropriate personnel employed by critical infrastructure own- ers and operators, prioritizing the critical infrastructure identified in section 9 of this order. (e) In order to maximize the utility of cyber threat information sharing with the private sector, the Secretary shall expand the use of programs that bring private sector subject-matter experts into Federal service on a temporary basis. These subject matter experts should provide advice regard- ing the content, structure, and types of information most useful to critical infrastructure owners and operators in reducing and mitigating cyber risks. Sec. 5. Privacy and Civil Liberties Protections. (a) Agencies shall coordinate their activities under this order with their senior agency officials for privacy and civil liberties and ensure that privacy and civil liberties protections are incorporated into such activities. Such protections shall be based upon the Fair Information Practice Principles and other privacy and civil liberties policies, principles, and frameworks as they apply to each agency’s activities. (b) The Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security (DHS) shall assess the privacy and civil liberties risks of the functions and programs undertaken by DHS as called for in this order and shall recommend to the Secretary ways to minimize or mitigate such risks, in a publicly available report, to be released within 1 year of the date of this order. Senior agency privacy and civil liberties officials for other agencies engaged in activities under this order shall conduct assessments of their agency activities and provide those assessments to DHS for consideration and inclusion in the report. The report shall be reviewed on an annual basis and revised as necessary. The report may contain a classified annex if necessary. Assessments shall include evaluation of activities against the Fair Information Practice Prin- ciples and other applicable privacy and civil liberties policies, principles, and frameworks. Agencies shall consider the assessments and recommenda- tions of the report in implementing privacy and civil liberties protections for agency activities. (c) In producing the report required under subsection (b) of this section, the Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of DHS shall consult with the Privacy and Civil Liberties Oversight Board and coordinate with the Office of Management and Budget (OMB). (d) Information submitted voluntarily in accordance with 6 U.S.C. 133 by private entities under this order shall be protected from disclosure to the fullest extent permitted by law. Sec. 6. Consultative Process. The Secretary shall establish a consultative process to coordinate improvements to the cybersecurity of critical infrastruc- ture. As part of the consultative process, the Secretary shall engage and consider the advice, on matters set forth in this order, of the Critical Infra- structure Partnership Advisory Council; Sector Coordinating Councils; critical infrastructure owners and operators; Sector-Specific Agencies; other relevant agencies; independent regulatory agencies; State, local, territorial, and tribal governments; universities; and outside experts. Sec. 7. Baseline Framework to Reduce Cyber Risk to Critical Infrastructure. (a) The Secretary of Commerce shall direct the Director of the National VerDate Mar<15>2010 18:55 Feb 15, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\19FEE0.SGM 19FEE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 11741 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Presidential Documents Institute of Standards and Technology (the ‘‘Director’’) to lead the develop- ment of a framework to reduce cyber risks to critical infrastructure (the ‘‘Cybersecurity Framework’’). The Cybersecurity Framework shall include a set of standards, methodologies, procedures, and processes that align policy, business, and technological approaches to address cyber risks. The Cybersecu- rity Framework shall incorporate voluntary consensus standards and industry best practices to the fullest extent possible. The Cybersecurity Framework shall be consistent with voluntary international standards when such inter- national standards will advance the objectives of this order, and shall meet the requirements of the National Institute of Standards and Technology Act, as amended (15 U.S.C. 271 et seq.), the National Technology Transfer and Advancement Act of 1995 (Public Law 104–113), and OMB Circular A–119, as revised. (b) The Cybersecurity Framework shall provide a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including infor- mation security measures and controls, to help owners and operators of critical infrastructure identify, assess, and manage cyber risk. The Cybersecu- rity Framework shall focus on identifying cross-sector security standards and guidelines applicable to critical infrastructure. The Cybersecurity Frame- work will also identify areas for improvement that should be addressed through future collaboration with particular sectors and standards-developing organizations. To enable technical innovation and account for organizational differences, the Cybersecurity Framework will provide guidance that is tech- nology neutral and that enables critical infrastructure sectors to benefit from a competitive market for products and services that meet the standards, methodologies, procedures, and processes developed to address cyber risks. The Cybersecurity Framework shall include guidance for measuring the per- formance of an entity in implementing the Cybersecurity Framework. (c) The Cybersecurity Framework shall include methodologies to identify and mitigate impacts of the Cybersecurity Framework and associated informa- tion security measures or controls on business confidentiality, and to protect individual privacy and civil liberties. (d) In developing the Cybersecurity Framework, the Director shall engage in an open public review and comment process. The Director shall also consult with the Secretary, the National Security Agency, Sector-Specific Agencies and other interested agencies including OMB, owners and operators of critical infrastructure, and other stakeholders through the consultative process established in section 6 of this order. The Secretary, the Director of National Intelligence, and the heads of other relevant agencies shall provide threat and vulnerability information and technical expertise to inform the development of the Cybersecurity Framework. The Secretary shall provide performance goals for the Cybersecurity Framework informed by work under section 9 of this order. (e) Within 240 days of the date of this order, the Director shall publish a preliminary version of the Cybersecurity Framework (the ‘‘preliminary Framework’’). Within 1 year of the date of this order, and after coordination with the Secretary to ensure suitability under section 8 of this order, the Director shall publish a final version of the Cybersecurity Framework (the ‘‘final Framework’’). (f) Consistent with statutory responsibilities, the Director will ensure the Cybersecurity Framework and related guidance is reviewed and updated as necessary, taking into consideration technological changes, changes in cyber risks, operational feedback from owners and operators of critical infra- structure, experience from the implementation of section 8 of this order, and any other relevant factors. Sec. 8. Voluntary Critical Infrastructure Cybersecurity Program. (a) The Sec- retary, in coordination with Sector-Specific Agencies, shall establish a vol- untary program to support the adoption of the Cybersecurity Framework by owners and operators of critical infrastructure and any other interested entities (the ‘‘Program’’). VerDate Mar<15>2010 18:55 Feb 15, 2013 Jkt 229001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\19FEE0.SGM 19FEE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 11742 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Presidential Documents (b) Sector-Specific Agencies, in consultation with the Secretary and other interested agencies, shall coordinate with the Sector Coordinating Councils to review the Cybersecurity Framework and, if necessary, develop implemen- tation guidance or supplemental materials to address sector-specific risks and operating environments. (c) Sector-Specific Agencies shall report annually to the President, through the Secretary, on the extent to which owners and operators notified under section 9 of this order are participating in the Program. (d) The Secretary shall coordinate establishment of a set of incentives designed to promote participation in the Program. Within 120 days of the date of this order, the Secretary and the Secretaries of the Treasury and Commerce each shall make recommendations separately to the President, through the Assistant to the President for Homeland Security and Counterter- rorism and the Assistant to the President for Economic Affairs, that shall include analysis of the benefits and relative effectiveness of such incentives, and whether the incentives would require legislation or can be provided under existing law and authorities to participants in the Program. (e) Within 120 days of the date of this order, the Secretary of Defense and the Administrator of General Services, in consultation with the Secretary and the Federal Acquisition Regulatory Council, shall make recommendations to the President, through the Assistant to the President for Homeland Security and Counterterrorism and the Assistant to the President for Economic Affairs, on the feasibility, security benefits, and relative merits of incorporating security standards into acquisition planning and contract administration. The report shall address what steps can be taken to harmonize and make consistent existing procurement requirements related to cybersecurity. Sec. 9. Identification of Critical Infrastructure at Greatest Risk. (a) Within 150 days of the date of this order, the Secretary shall use a risk-based approach to identify critical infrastructure where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety, economic security, or national security. In identifying critical infrastructure for this purpose, the Secretary shall use the consultative proc- ess established in section 6 of this order and draw upon the expertise of Sector-Specific Agencies. The Secretary shall apply consistent, objective criteria in identifying such critical infrastructure. The Secretary shall not identify any commercial information technology products or consumer infor- mation technology services under this section. The Secretary shall review and update the list of identified critical infrastructure under this section on an annual basis, and provide such list to the President, through the Assistant to the President for Homeland Security and Counterterrorism and the Assistant to the President for Economic Affairs. (b) Heads of Sector-Specific Agencies and other relevant agencies shall provide the Secretary with information necessary to carry out the responsibil- ities under this section. The Secretary shall develop a process for other relevant stakeholders to submit information to assist in making the identifica- tions required in subsection (a) of this section. (c) The Secretary, in coordination with Sector-Specific Agencies, shall confidentially notify owners and operators of critical infrastructure identified under subsection (a) of this section that they have been so identified, and ensure identified owners and operators are provided the basis for the deter- mination. The Secretary shall establish a process through which owners and operators of critical infrastructure may submit relevant information and request reconsideration of identifications under subsection (a) of this section. Sec. 10. Adoption of Framework. (a) Agencies with responsibility for regu- lating the security of critical infrastructure shall engage in a consultative process with DHS, OMB, and the National Security Staff to review the preliminary Cybersecurity Framework and determine if current cybersecurity regulatory requirements are sufficient given current and projected risks. In making such determination, these agencies shall consider the identification VerDate Mar<15>2010 18:55 Feb 15, 2013 Jkt 229001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\19FEE0.SGM 19FEE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 11743 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Presidential Documents of critical infrastructure required under section 9 of this order. Within 90 days of the publication of the preliminary Framework, these agencies shall submit a report to the President, through the Assistant to the President for Homeland Security and Counterterrorism, the Director of OMB, and the Assistant to the President for Economic Affairs, that states whether or not the agency has clear authority to establish requirements based upon the Cybersecurity Framework to sufficiently address current and projected cyber risks to critical infrastructure, the existing authorities identified, and any additional authority required. (b) If current regulatory requirements are deemed to be insufficient, within 90 days of publication of the final Framework, agencies identified in sub- section (a) of this section shall propose prioritized, risk-based, efficient, and coordinated actions, consistent with Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), Executive Order 13563 of January 18, 2011 (Improving Regulation and Regulatory Review), and Executive Order 13609 of May 1, 2012 (Promoting International Regulatory Cooperation), to mitigate cyber risk. (c) Within 2 years after publication of the final Framework, consistent with Executive Order 13563 and Executive Order 13610 of May 10, 2012 (Identifying and Reducing Regulatory Burdens), agencies identified in sub- section (a) of this section shall, in consultation with owners and operators of critical infrastructure, report to OMB on any critical infrastructure subject to ineffective, conflicting, or excessively burdensome cybersecurity require- ments. This report shall describe efforts made by agencies, and make rec- ommendations for further actions, to minimize or eliminate such require- ments. (d) The Secretary shall coordinate the provision of technical assistance to agencies identified in subsection (a) of this section on the development of their cybersecurity workforce and programs. (e) Independent regulatory agencies with responsibility for regulating the security of critical infrastructure are encouraged to engage in a consultative process with the Secretary, relevant Sector-Specific Agencies, and other affected parties to consider prioritized actions to mitigate cyber risks for critical infrastructure consistent with their authorities. Sec. 11. Definitions. (a) ‘‘Agency’’ means any authority of the United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). (b) ‘‘Critical Infrastructure Partnership Advisory Council’’ means the coun- cil established by DHS under 6 U.S.C. 451 to facilitate effective interaction and coordination of critical infrastructure protection activities among the Federal Government; the private sector; and State, local, territorial, and tribal governments. (c) ‘‘Fair Information Practice Principles’’ means the eight principles set forth in Appendix A of the National Strategy for Trusted Identities in Cyber- space. (d) ‘‘Independent regulatory agency’’ has the meaning given the term in 44 U.S.C. 3502(5). (e) ‘‘Sector Coordinating Council’’ means a private sector coordinating council composed of representatives of owners and operators within a par- ticular sector of critical infrastructure established by the National Infrastruc- ture Protection Plan or any successor. (f) ‘‘Sector-Specific Agency’’ has the meaning given the term in Presidential Policy Directive–21 of February 12, 2013 (Critical Infrastructure Security and Resilience), or any successor. Sec. 12. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. Nothing in this order shall be construed to provide an agency with authority for regulating the security of critical infrastructure in addition to or to a greater VerDate Mar<15>2010 18:55 Feb 15, 2013 Jkt 229001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\19FEE0.SGM 19FEE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 11744 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Presidential Documents extent than the authority the agency has under existing law. Nothing in this order shall be construed to alter or limit any authority or responsibility of an agency under existing law. (b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of OMB 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 shall be implemented consistent with U.S. international obligations. (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, February 12, 2013. [FR Doc. 2013–03915 Filed 2–15–13; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 18:55 Feb 15, 2013 Jkt 229001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\19FEE0.SGM 19FEE0 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with MISCELLANEOUS

Improving Critical Infrastructure Cybersecurity

2013-02-12T00:00:00

27a7ffeb4649b62431468646d6cc1de1e0df0164f7429eb633f220b9f6cde9f2

Presidential Executive Order

2013-08626 (13641)

Presidential Documents 21503 Federal Register Vol. 78, No. 70 Thursday, April 11, 2013 Title 3— The President Executive Order 13641 of April 5, 2013 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, including the Continuing Appropria- tions and Surface Transportation Extensions Act, 2011 (Public Law 111– 322), as extended by the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113–6), which requires certain pay schedules for civilian Federal employees to remain at 2010 levels through 2013, it is hereby ordered as follows: Section 1. Statutory Pay Systems. Pursuant to the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113–6), the rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)) 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. 31) at Schedule 6; and (c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a), and section 140 of Public Law 97–92) 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 the Continuing Appropriations and Surface Transportation Extensions Act, 2011 (Public Law 111–322), as extended by the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113–6), 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. VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 sroberts on DSK5SPTVN1PROD with RULES 21504 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Presidential Documents Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2013. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2013. Sec. 8. Prior Order Superseded. Executive Order 13635 of December 27, 2012, is superseded as of the effective dates specified in section 7 of this order. THE WHITE HOUSE, April 5, 2013. Billing code 3295–F3–P VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 OB#1.EPS</GPH> sroberts on DSK5SPTVN1PROD with RULES 21505 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Presidential Documents VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 ED11AP13.002</GPH> sroberts on DSK5SPTVN1PROD with RULES SCHEDULE 1--GENERAL SCHEDULE (Effective on the first day of the first applicable pay period beginning on or after January 1, 2013 ) 1 2 3 4 5 6 7 8 9 10 G8-1 $17,803 $18,398 $18,990 $19,579 $20,17l $20,519 $21,104 $21,694 $21,717 $22,269 G8-2 20,017 20,493 21,155 21,717 21,961 22,607 23,253 23,899 24,545 25,191 G8-3 21,840 22,568 23,296 24,024 24,752 25,480 26,208 26,936 27,664 28,392 G8-4 24,518 25,335 26,152 26,969 27,786 28,603 29,420 30,237 31,054 31,871 G8-5 27,431 28,345 29,259 30,173 31,087 32,001 32,915 33,829 34,743 35,657 G8-6 30,577 31,596 32,615 33,634 34,653 35,672 36,691 37,710 38,729 39,748 G8-7 33,979 35,112 36,245 37,378 38,511 39,644 40,777 41,910 43,043 44,176 G8-8 37,631 38,885 40,139 41,393 42,647 43,901 45,155 46,409 47,663 48,917 G8-9 41,563 42,948 44,333 45,718 47,103 48,488 49,873 51,258 52,643 54,028 G8-10 45,771 47,297 48,823 50,349 51,875 53,401 54,927 56,453 57,979 59,505 G8-11 50,287 51,963 53,639 55,315 56,991 58,667 60,343 62,019 63,695 65,371 G8-12 60,274 62,283 64,292 66,301 68,310 70,319 72,328 74,337 76,346 78,355 G8-13 71,674 74,063 76,452 78,841 81,230 83,619 86,008 88,397 90,786 93,175 G8-14 84,697 87,520 90,343 93,166 95,989 98,812 101,635 104,458 107,281 110,104 G8-15 99,628 102,949 106,270 109,591 112,912 116,233 119,554 122,875 126,196 129,517 21506 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Presidential Documents VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 ED11AP13.003</GPH> sroberts on DSK5SPTVN1PROD with RULES SCHEDULE 2--FOREIGN SERVICE SCHEDULE (Effective on the first day of the first applicable pay period beginning on or after January 1, 2013) Class Class Class Class Class Class Class Class Class Step 1 2 3 4 5 6 7 8 9 1 $99,628 $80,728 $65,413 $53,003 $42,948 $38,394 $34,324 $30,684 $27,431 2 102,617 83,150 67,375 54,593 44,236 39,546 35,354 31,605 28,254 3 105,695 85,644 69,397 56,231 45,564 40,732 36,414 32,553 29,102 4 108,866 88,214 71,479 57,918 46,930 41,954 37,507 33,529 29,975 5 112,132 90,860 73,623 59,655 48,338 43,213 38,632 34,535 30,874 6 115,496 93,586 75,832 61,445 49,789 44,509 39,791 35,571 31,800 7 118,961 96,393 78,107 63,288 51,282 45,844 40,985 36,638 32,754 8 122,530 99,285 80,450 65,187 52,821 47,220 42,214 37,737 33,737 9 126,206 102,264 82,863 67,143 54,405 48,636 43,481 38,870 34,749 10 129,517 105,332 85,349 69,157 56,037 50,095 44,785 40,036 35,791 11 129,517 108,492 87,910 71,232 57,719 51,598 46,129 41,237 36,865 12 129,517 111,746 90,547 73,369 59,450 53,146 47,512 42,474 37,971 13 129,517 115,099 93,263 75,570 61,234 54.,741 48,938 43,748 39,110 14 129,517 118,552 96,061 77,837 63,071 56,383 50,406 45,060 40,283 21507 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Presidential Documents VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 ED11AP13.004</GPH> sroberts on DSK5SPTVN1PROD with RULES 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 I, 2013) Schedule for the Office of the Under Secretary for Health (38 U.S.C. 7306)* Assistant Under Secretaries for Health (Only applies to incumbents who are not physicians or dentists) Service Directors . Director, National Center for Preventive Health . Minimum $116,844 99,628 Physician and Dentist Base and Longevity Schedule*** Physician Grade Dentist Grade . $97,987 97,987 . $157,279** Maximum $145,113 145,113 $143,725 143,725 Clinical Podiatrist, Chiropractor, and Optometrist Schedule Chief Grade . Senior Grade. Intermediate Grade. Full Grade. Associate Grade . $99,628 84,697 71,674 60,274 50,287 Physician Assistant and Expanded-Function Dental Auxiliary Schedule**** Director Grade. Assistant Director Grade. Chief Grade . Senior Grade. Intermediate Grade. Full Grade. Associate Grade Junior Grade. $99,628 84,697 71,674 60,274 50,287 41,563 35,766 30,577 $129,517 110,104 93,175 78,355 65,371 $129,517 110,104 93,175 78,355 65,371 54,028 46,494 39,748 * 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 $145,700. 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 Nurse Schedule in 38 U.S.C. 4107(b), as in effect on August 14, 1990, with subsequent adjustments. 21508 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Presidential Documents VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 ED11AP13.005</GPH> sroberts on DSK5SPTVN1PROD with RULES SCHEDULE 4--SENIOR EXECUTIVE SERVICE (Effective on the first day of the first applicable pay period beginning on or after January 1, 2013) Agencies with a Certified SES Performance Appraisal System Agencies without a Certified SES Performance Appraisal System Minimum $119,554 . $119,554 SCHEDULE 5--EXECUTIVE SCHEDULE Maximum $179,700 $165,300 (Effective on the first day of the first applicable pay period beginning on or after January 1, 2013) Level I Level II Level III. Level IV Level V SCHEDULE 6--VICE PRESIDENT AND MEMBERS OF CONGRESS $199,700 179,700 165,300 155,500 145,700 (Effective on the first day of the first applicable pay period beginning on or after January 1, 2013) 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 $230,700 174,000 174,000 174,000 174,000 193,400 193,400 193,400 223,500 (Effective on the first day of the first applicable pay period beginning on or after January 1, 2013) Chief Justice of the United States . Associate Justices of the Supreme Court. Circuit Judges . District Judges. Judges of the Court of International Trade $223,500 213,900 184,500 174,000 174,000 21509 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Presidential Documents VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 ED11AP13.006</GPH> sroberts on DSK5SPTVN1PROD with RULES Pay Grade 2 or less Over 2 0-10** 0-9 0-8 $9,847.80 $10,170.30 0-7 8,182.50 8,562.90 0-6 6,064.80 6,663.00 0-5 5,055.90 5,695.50 0-4 4,362.30 5,049.90 0-3*** 3,835.50 4,347.90 0-2*** 3,314.10 3,774.30 0-1*** 2,876.40 2,994.00 0-3E 0-2E 0-1E W-5 W-4 $3,963.90 $4,263.90 W-3 3,619.50 3,770.40 W-2 3,202.80 3,505.80 W-1 2,811.60 3,114.00 Over 3 $10,384.50 8,738.70 7,100.10 6,089.70 5,386.80 4,692.90 4,347.00 3,619.20 SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (Effective January 1, 2013) Part I--MONTHLY BASIC PAY YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205) Over 4 Over 6 Over 8 Over 10 COMMISSIONED OFFICERS $10,444.20 $10,711.50 $11,157.60 $11,261.40 8,878.50 9,131.70 9,381.90 9,671.10 7,100.10 7,127.10 7,432.80 7,473.00 6,164.10 6,410.10 6,557.10 6,880.80 5,461.80 5,774.70 6,109.80 6,527.70 5,116.50 5,361.60 5,630.70 5,804.70 4,493.70 4,586.40 4,586.40 4,586.40 3,619.20 3,619.20 3,619.20 3,619.20 Over 12 $11,685.00 9,959.40 7,473.00 7,118.40 6,852.90 6,090.60 4,586.40 3,619.20 COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER**** $5,116.50 $5,361. 60 $5,630.70 $5,804.70 $6,090.60 4,493.70 4,586.40 4,732.50 4,978.80 5,169.30 3,619.20 3,864.60 4,007.70 4,153.80 4,297.20 WARRANT OFFICERS $4,386.00 $4,506.60 $4,713.90 $4,919.10 $5,126.70 $5,439.60 3,925.20 3,975.90 4,138.20 4,457.10 4,789.20 4,945.50 3,599.40 3,663.30 3,871.20 4,194.00 4,353.90 4,511.40 3,195.30 3,367.50 3,570.90 3,870.60 4,010.40 4,205.70 Over 14 Over 16 Over 18 $11,806.50 $12,171.60 $12,700.20 10,248.60 11,157.60 11,924.70 7,897.80 8,648.70 9,089.40 7,425.30 7,895.10 8,118.00 7,078.80 7,208.70 7,283.70 6,240.00 6,240.00 6,240.00 4,586.40 4,586.40 4,586.40 3,619.20 3,619.20 3,619.20 $6,332.10 $6,470.70 $6,659.40 5,311.20 5,311.20 5,311.20 4,493.70 4,493.70 4,493.70 $5,713.50 $5,974.20 $6,187.50 5,126.40 5,313.00 5,648.10 4,704.00 4,854.30 4,990.80 4,398.30 4,549.80 4,689.00 For officers at pay grades 0-7 through 0-10, basic pay is limited to the rate of basic pay for level II of the Executive Schedule, which is $14,975.10 per month. For officers at 0-6 and below, basic pay is limited to the rate of basic pay for level V of the Executive Schedule, which is $12,141.60 per month. ** For 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, or commander of a unified or specified combatant command (as defined in 10 U.S.C. 161(c)), basic pay for this grade is calculated to be $20,937.90 per month, regardless of cumulative years of service computed under 37 U.S.C. 205. Nevertheless, actual basic pay for these officers is limited to the rate of basic pay for level II of the Executive Schedule, which is $14,975.10 per month. *** 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 and/or warrant officer which are creditable toward reserve retirement also qualify for these rates. 21510 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Presidential Documents VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 ED11AP13.007</GPH> sroberts on DSK5SPTVN1PROD with RULES 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-lE W-5 W-4 W-3 W-2 W-l Over 20 $15,913.20* 13,917.60 13,187.10 11,924.70 9,529.80 8,338.80 7,283.70 6,240.00 4,586.40 3,619.20 $6,659.40 5,311.20 4,493.70 $7,047.90 6,395.40 5,874.30 5,153.70 4,858.20 Over 22 $15,990.60* 14,118.60 13,512.30 11,924.70 9,780.60 8,589.90 7,283.70 6,240.00 4,586.40 3,619.20 $6,659.40 5,311.20 4,493.70 $7,405.50 6,701.10 6,009.90 5,261.10 4,858.20 Over 24 $16,323.60* 14,408.10 13,512.30 11,924.70 10,034.40 8,589.90 7,283.70 6,240.00 4,586.40 3,619.20 $6,659040 5,311.20 4,493.70 $7,671.60 6,952.20 6,153.90 5,346.30 4,858.20 SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 2) (Effective January 1, 2013) Part I--MONTHLY BASIC PAY YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205) Over 26 $16,902.60* 14,913.30 13,512.30 11,985.60 10,526.70 8,589.90 7,283.70 6,240.00 4,586.40 3,619.20 Over 28 Over 30 Over 32 COMMISSIONED OFFICERS $16,902.60* $17,747.70* $17,747.70* 14,913.30 15,659.40* 15,659.40* 13,512.30 13,850.40 13,850.40 11,985.60 12,225.30 12,225.30 10,526.70 10,736.70 10,736.70 8,589.90 8,589.90 8,589.90 7,283.70 7,283.70 7,283.70 6,240.00 6,240.00 6,240.00 4,586.40 4,586.40 4,586.40 3,619.20 3,619.20 3,619.20 Over 34 $18,634.80* 16,442.40* 14,196.60 12,225.30 10,736.70 8,589.90 7,283.70 6,240.00 4,586.40 3,619.20 COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE AS AN $6,659.40 5,311.20 4,493.70 $7,966.50 7,238.70 6,349.50 5,346.30 4,858.20 ENLISTED MEMBER OR WARRANT OFFICER**** $6,659.40 $6,659.40 $6,659.40 5,311.20 5,311.20 5,311.20 4,493.70 4,493.70 4,493.70 WARRANT OFFICERS $7,966.50 $8,365.20 7,238.70 7,383.30 6,349.50 6,349.50 5,346.30 5,346.30 4,858.20 4,858.20 $8,365.20 7,383.30 6,349.50 5,346.30 4,858.20 $6,659.40 5,311.20 4,493.70 $8,783.10 7,383.30 6,349.50 5,346.30 4,858.20 Over 36 $18,634.80* 16,442.40* 14,196.60 12,225.30 10,736.70 8,589.90 7,283.70 6,240.00 4,586.40 3,619.20 $6,659.40 5,311.20 4,493.70 $8,783.10 7,383.30 6,349.50 5,346.30 4,858.20 Over 38 $19,566.90* 17,264.40* 14,196.60 12,225.30 10,736.70 8,589.90 7,283.70 6,240.00 4,586.40 3,619.20 $6,659.40 5,311.20 4,493.70 $9,222.90 7,383.30 6,349.50 5,346.30 4,858.20 Over 40 $19,566.90* 17,264.40* 14,196.60 12,225.30 10,736.70 8,589.90 7,283.70 6,240.00 4,586.40 3,619.20 $6,659.40 5,311.20 4,493.70 $9,222.90 7,383.30 6,349.50 5,346.30 4,858.20 For officers at pay grades 0-7 through 0-10, basic pay is limited to the rate of basic pay for level II of the Executive Schedule, which is $14,975.10 per month. For officers at 0-6 and below, basic pay is limited to the rate of basic pay for level V of the Executive Schedule, which is $12,141.60 per month. ** For 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, or commander of a unified or specified combatant command (as defined in 10 U.S.C. 161(c»), basic pay for this grade is calculated to be $20,937.90 per month, regardless of cumulative years of service computed under 37 U.S.C. 205. Nevertheless, actual basic pay for these officers is limited to the rate of basic pay for level II of the Executive Schedule, which is $14,975.10 per month. 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 and/or warrant officer which are creditable toward reserve retirement also qualify for these rates. 21511 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Presidential Documents VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 ED11AP13.008</GPH> sroberts on DSK5SPTVN1PROD with RULES SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 3) (Effective January 1, 2013) 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 ENLISTED MEMBERS E-9* $4,788.90 $4,897.50 $5,034.30 $5,194.80 $5,357.40 E-8 $3,920.10 4,093.50 4,200.90 4,329.60 4,469.10 4,720.50 E-7 $2,725.20 $2,974.50 $3,088.20 $3,239.10 $3,357.00 3,559.20 3,673.20 3,875.70 4,043.70 4,158.60 4,281.00 E-6 2,357.10 2,593.80 2,708.10 2,819.40 2,935.50 3,196.50 3,298.50 3,495.30 3,555.60 3,599.70 3,650.70 E-5 2,159.40 2,304.30 2,415.90 2,529.90 2,707.50 2,893.50 3,045.60 3,064.20 3,064.20 3,064.20 3,064.20 E-4 1,979.70 2,081.10 2,193.90 2,304.90 2,403.30 2,403.30 2,403.30 2,403.30 2,403.30 2,403.30 2,403.30 E-3 1,787.40 1,899.90 2,014.80 2,014.80 2,014.80 2,014.80 2,014.80 2,014.80 2,014.80 2,014.80 2,014.80 E-2 1,699.80 1,699.80 1,699.80 1,699.80 1,699.80 1,699.80 1,699.80 1,699.80 1,699.80 1,699.80 1,699.80 E-l** 1,516.20 1,516.20 1,516.20 1,516.20 1,516.20 1,516.20 1,516.20 1,516.20 1,516.20 1,516.20 1,516.20 E-l*** 1,402.20 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, or Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, basic pay for this grade is $7,738.80 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. 21512 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Presidential Documents VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 ED11AP13.009</GPH> sroberts on DSK5SPTVN1PROD with RULES Pay Grade E-9* E-8 E-7 E-6 E-5 E-4 E-3 E-2 E-l** E-l*** Over 20 $5,617.50 4,847.70 4,328.40 3,650.70 3,064.20 2,403.30 2,014.80 1,699.80 1,516.20 Over 22 Over 24 $5,837.10 $6,068.70 5,064.60 5,184.90 4,487.40 4,572.90 3,650.70 3,650.70 3,064.20 3,064.20 2,403.30 2,403.30 2,014.80 2,014.80 1,699.80 1,699.80 1,516.20 1,516.20 SCHEDULE 8--PAY OF THE UNIFORMED SERVICES (PAGE 4) (Effective January 1, 2013) Part I--MONTHLY BASIC PAY YEARS OF SERVICE (COMPUTED UNDER 37 U.S.C. 205) Over 26 Over 28 Over 30 Over 32 ENLISTED MEMBERS $6,422.70 $6,422.70 $6,743.40 $6,743.40 5,481. 00 5,481.00 5,591.40 5,591.40 4,897.80 4,897.80 4,897.80 4,897.80 3,650.70 3,650.70 3,650.70 3,650.70 3,064.20 3,064.20 3,064.20 3,064.20 2,403.30 2,403.30 2,403.30 2,403.30 2,014.80 2,014.80 2,014.80 2,014.80 1,699.80 1,699.80 1,699.80 1,699.80 1,516.20 1,516.20 1,516.20 1,516.20 Over 34 Over 36 Over 38 Over 40 $7,080.90 $7,080.90 $7,435.20 $7,435.20 5,591.40 5,591.40 5,591.40 5,591.40 4,897.80 4,897.80 4,897.80 4,897.80 3,650.70 3,650.70 3,650.70 3,650.70 3,064.20 3,064.20 3,064.20 3,064.20 2,403.30 2,403.30 2,403.30 2,403.30 2,014.80 2,014.80 2,014.80 2,014.80 1,699.80 1,699.80 1,699.80 1,699.80 1,516.20 1,516.20 1,516.20 1,516.20 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, or Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, basic pay for this grade is $7,738.80 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. 21513 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Presidential Documents VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 ED11AP13.010</GPH> sroberts on DSK5SPTVN1PROD with RULES 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 $1,006.80.00. 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. 21514 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Presidential Documents [FR Doc. 2013–08626 Filed 4–10–13; 8:45 am] Billing code 6325–01–C VerDate Mar<15>2010 16:39 Apr 10, 2013 Jkt 229001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\11APE0.SGM 11APE0 ED11AP13.011</GPH> sroberts on DSK5SPTVN1PROD with RULES SCHEDULE 9--LOCALITY-BASED COMPARABILITY PAYMENTS (Effective on the first day of the first applicable pay period beginning on or after January 1, 2013) Locality Pay Area' Alaska. Atlanta-Sandy Springs-Gainesville, GA-AL. Boston-Worcester-Manchester, MA-NH-RI-ME. Buffalo-Niagara-Cattaraugus, NY . Chicago-Naperville-Michigan City, IL-IN-WI. Cincinnati-Middletown-Wilmington, OH-KY-IN Cleveland-Akron-Elyria, OH Columbus-Marian-Chillicothe, OH . Dallas-Fort Worth, TX . Dayton-Springfield-Greenville, OH Denver-Aurora-Boulder, CO . Detroit-Warren-Flint, MI Hartford-West Hartford-Willimantic, CT-MA Hawaii. Houston-Bay town-Huntsville, TX Huntsville-Decatur, AL. Indianapolis-Anderson-Columbus, IN. Los Angeles-Long Beach-Riverside, CA. Miami-Fort Lauderdale-Pompano Beach, FL Milwaukee-Racine-Waukesha, WI . Minneapolis-St. Paul-St. Cloud, MN-WI . New York-Newark-Bridgeport, NY-NJ-CT-PA Philadelphia-Camden-Vineland, PA-NJ-DE-MD Phoenix-Mesa-Scottsdale, AZ . Pittsburgh-New Castle, PA . Portland-Vancouver-Beaverton, OR-WA Raleigh-Durham-Cary, NC . Richmond, VA. Sacramento-Arden-Arcade-Yuba City, CA-NV. San Diego-Carlsbad-San Marcos, CA San Jose-San Francisco-Oakland, CA Seattle-Tacoma-Olympia, WA. Washington-Baltimore-Northern virginia, DC-MD-VA-WV-PA. Rest of U.S. Locality Pay Areas are defined in 5 CFR 531.603. SCHEDULE 10--ADMINISTRATIVE LAW JUDGES Rate 24.69% 19.29% 24.80% 16.98% 25.10% 18.55% 18.68% 17.16% 20.67% 16.24% 22.52% 24.09% 25.82% 16.51% 28.71% 16.02% 14.68% 27.16% 20.79% 18.10% 20.96% 28.72% 21.79% 16.76% 16.37% 20.35% 17.64% 16.47% 22.20% 24.19% 35.15% 21.81% 24.22% 14.16% (Effective on the first day of the first applicable pay period beginning on or after January 1, 2013) AL-3/A AL-3/B AL-3/C AL-3/D AL-3/E AL-3/F AL-2 AL-1 . $103,900 111,800 119,900 127,800 135,900 143,700 151,800 155,500

Adjustments of Certain Rates of Pay

2013-04-05T00:00:00

9d6c165378ec831a1c5b72bfe877b48ce70ccfa0e47c811f793074edcc3ce3d2

Presidential Executive Order

2012-31574 (13634)

Presidential Documents 77249 Federal Register Vol. 77, No. 250 Monday, December 31, 2012 Title 3— The President Executive Order 13634 of December 21, 2012 Reestablishment of Advisory Commission 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. Reestablishing the President’s Advisory Commission on Edu- cational Excellence for Hispanics. The President’s Advisory Commission on Educational Excellence for Hispanics (Commission), as set forth under the provisions of Executive Order 13555 of October 19, 2010, is hereby reestablished and shall terminate on September 30, 2013, unless extended by the President. The same members who were serving on the Commission on October 19, 2012, are hereby reappointed to the Commission as reestab- lished by this order, as if the Commission had continued without termination through the date of this Executive Order. 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 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, Washington, December 21, 2012. [FR Doc. 2012–31574 Filed 12–28–12; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 22:23 Dec 28, 2012 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\31DEE0.SGM 31DEE0 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with

Reestablishment of Advisory Commission

2012-12-21T00:00:00

1f9ecfbe9d213669008b2ae7ed72a54148dbc02a5ce2dda13842d9a141959261

Presidential Executive Order

2013-00002 (13635)

Presidential Documents 649 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents Executive Order 13635 of December 27, 2012 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, including section 114(b) of the Con- tinuing Appropriations Resolution, 2013 (Public Law 112–175), which pro- vides that any statutory adjustments to current levels in certain pay schedules for civilian Federal employees may take effect on the first day of the first applicable pay period beginning after the date specified in section 106(3) of Public Law 112–175, 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. 31) at Schedule 6; and (c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a), and section 140 of Public Law 97–92) at Schedule 7. Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services, as adjusted under 37 U.S.C. 1009, and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8 attached hereto and made a part hereof. Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to section 5304 of title 5, United States Code, and my authority to implement an alternative level of comparability payments under section 5304a of title 5, United States Code, locality-based comparability payments shall be paid in accordance with Schedule 9 attached hereto and made a part hereof. (b) The Director of the Office of Personnel Management shall take such actions as may be necessary to implement these payments and to publish appropriate notice of such payments in the Federal Register. Sec. 6. Administrative Law Judges. Pursuant to section 5372 of title 5, United States Code, the rates of basic pay for administrative law judges are set forth on Schedule 10 attached hereto and made a part hereof. Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2013. The other schedules contained herein are effective on the first day of the first applicable pay period beginning after the date specified in section 106(3) of Public Law 112–175. VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 mstockstill on DSK4VPTVN1PROD with 650 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents Sec. 8. Prior Order Superseded. Executive Order 13594 of December 19, 2011, is superseded as of the effective dates specified in section 7 of this order. THE WHITE HOUSE, Washington, December 27, 2012. Billing code 3295–F3–P VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with 651 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 ED03JA13.079</GPH> mstockstill on DSK4VPTVN1PROD with 652 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 ED03JA13.080</GPH> mstockstill on DSK4VPTVN1PROD with 653 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 ED03JA13.081</GPH> mstockstill on DSK4VPTVN1PROD with 654 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 ED03JA13.082</GPH> mstockstill on DSK4VPTVN1PROD with 655 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 ED03JA13.083</GPH> mstockstill on DSK4VPTVN1PROD with 656 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 ED03JA13.084</GPH> mstockstill on DSK4VPTVN1PROD with 657 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 ED03JA13.085</GPH> mstockstill on DSK4VPTVN1PROD with 658 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00010 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 ED03JA13.086</GPH> mstockstill on DSK4VPTVN1PROD with 659 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00011 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 ED03JA13.087</GPH> mstockstill on DSK4VPTVN1PROD with 660 Federal Register / Vol. 78, No. 2 / Thursday, January 3, 2013 / Presidential Documents [FR Doc. 2013–00002 Filed 1–2–13; 11:15 a.m.] Billing code 6325–01–C VerDate Mar<15>2010 19:09 Jan 02, 2013 Jkt 226001 PO 00000 Frm 00012 Fmt 4790 Sfmt 4790 E:\FR\FM\03JAE0.SGM 03JAE0 ED03JA13.088</GPH> mstockstill on DSK4VPTVN1PROD with

Adjustments of Certain Rates of Pay

2012-12-27T00:00:00

0c644e4849bc66d46ea2c81cc851afffcb047cfaeb571946fb2e038bef948101

Presidential Executive Order

2014-06612 (13662)

Presidential Documents 16169 Federal Register Vol. 79, No. 56 Monday, March 24, 2014 Title 3— The President Executive Order 13662 of March 20, 2014 Blocking Property of Additional Persons Contributing to the Situation in Ukraine 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, BARACK OBAMA, President of the United States of America, hereby expand the scope of the national emergency declared in Executive Order 13660 of March 6, 2014, and expanded by Executive Order 13661 of March 16, 2014, finding that the actions and policies of the Government of the Russian Federation, including its purported annexation of Crimea and its use of force in Ukraine, continue to undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets, and thereby constitute an unusual and extraordinary threat to the national security and foreign policy of the United States. Accordingly, I hereby order: Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person (including any foreign branch) 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 Sec- retary of State: (i) to operate in such sectors of the Russian Federation economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State, such as financial services, energy, metals and mining, engineering, and defense and related materiel; (ii) 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 (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 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 effective date of this order. Sec. 2. I hereby find that 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 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). VerDate Mar<15>2010 18:31 Mar 21, 2014 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\24MRE0.SGM 24MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16170 Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Presidential Documents 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 13660, and expanded in Executive Order 13661 and 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 but are not limited to: (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 the ‘‘Government of the Russian Federation’’ means the Gov- ernment of the Russian Federation, any political subdivision, agency, or instrumentality thereof, including the Central Bank of the Russian Federation, and any person owned or controlled by, or acting for or on behalf of, the Government of the Russian Federation. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13660, and expanded in Executive Order 13661 and this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government 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. VerDate Mar<15>2010 18:31 Mar 21, 2014 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\24MRE0.SGM 24MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16171 Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Presidential Documents 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. THE WHITE HOUSE, March 20, 2014. [FR Doc. 2014–06612 Filed 3–21–14; 11:15 am] Billing code 3295–F4 VerDate Mar<15>2010 18:31 Mar 21, 2014 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\24MRE0.SGM 24MRE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Blocking Property of Additional Persons Contributing to the Situation in Ukraine

2014-03-20T00:00:00

f4815f3353da6f90f9f7a91a5b20c4aa604ac000ff4103f9842bdb3005894b4e

Presidential Executive Order

2012-31225 (13633)

Presidential Documents 76339 Federal Register Vol. 77, No. 249 Friday, December 28, 2012 Title 3— The President Executive Order 13633 of December 21, 2012 Closing of Executive Departments and Agencies of the Fed- eral Government on Monday, December 24, 2012 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 branch departments and agencies of the Federal Government shall be closed and their employees excused from duty on Monday, December 24, 2012, the day before Christmas Day, except as pro- vided in section 2 of this order. Sec. 2. The heads of executive branch departments and agencies may deter- mine 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, 2012, for reasons of national security, defense, or other public need. Sec. 3. Monday, December 24, 2012, shall be considered as falling within the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C. 5546 and 6103(b) and other similar statutes insofar as they relate to the pay and leave of employees of the United States. Sec. 4. The Director of the Office of Personnel Management shall take such actions as may be necessary to implement this order. Sec. 5. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. VerDate Mar<15>2010 19:30 Dec 27, 2012 Jkt 229001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 srobinson on DSK4SPTVN1PROD with 76340 Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / 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, Washington, December 21, 2012. [FR Doc. 2012–31225 Filed 12–21–12; 4:15 pm] Billing code 3295–F3 VerDate Mar<15>2010 19:30 Dec 27, 2012 Jkt 229001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\28DEE0.SGM 28DEE0 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with

Closing of Executive Departments and Agencies of the Federal Government on Monday, December 24, 2012

2012-12-21T00:00:00

d8305f9681421c269e12f7e4f0b3b571b737661d15f17d21defcafc817a7ccaf

Presidential Executive Order

2012-30170 (13631)

Presidential Documents 74101 Federal Register Vol. 77, No. 239 Wednesday, December 12, 2012 Title 3— The President Executive Order 13631 of December 7, 2012 Reestablishment of Advisory Group By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 4001 of the Patient Protection and Affordable Care Act (Public Law 111–148), 42 U.S.C. 300u– 10, it is hereby ordered as follows: Section 1. Reestablishing the Advisory Group on Prevention, Health Pro- motion, and Integrative and Public Health. The Advisory Group on Preven- tion, Health Promotion, and Integrative and Public Health (Advisory Group), as set forth under the provisions of Executive Order 13544 of June 10, 2010, and continued by section 2 of Executive Order 13591 of November 23, 2011, is hereby reestablished and shall terminate on September 30, 2013, unless extended by the President. The same members who were serving on the Advisory Group on September 30, 2012, are hereby reappointed to the Advisory Group as reestablished by this order, as if the Advisory Group had continued without termination through the date of this Executive Order. 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 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, Washington, December 7, 2012. [FR Doc. 2012–30170 Filed 12–11–12; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 17:43 Dec 11, 2012 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\12DEE0.SGM 12DEE0 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with

Reestablishment of Advisory Group

2012-12-07T00:00:00

dea9dd46bf91d581acb4a85f7df6645460447a1b6e345e4e9801a7ee97ed33cc

Presidential Executive Order

2012-30060 (13630)

Presidential Documents 73893 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Presidential Documents Executive Order 13630 of December 6, 2012 Establishment of an Interagency Task Force on Commercial Advocacy By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to help level the playing field on behalf of U.S. businesses and workers competing for international contracts against foreign firms and to facilitate the growth of sales of U.S. goods and services around the world in support of the National Export Initiative, it is hereby ordered as follows: Section 1. Policy. Executive Order 13534 of March 11, 2010, created the National Export Initiative (NEI), which provides unprecedented Federal sup- port for exports of goods and services by American businesses. Executive Order 13534 also established the Export Promotion Cabinet to develop and coordinate the implementation of the eight priorities of the NEI, which include, but are not limited to, improving advocacy and trade promotion efforts on behalf of U.S. exporters, increasing access to export financing, and removing barriers to trade and enforcing U.S. trade laws and agreements. As part of these responsibilities, the Export Promotion Cabinet, in coordina- tion with the Advocacy Center at the Department of Commerce, is focused on ensuring that the Federal Government’s commercial advocacy effectively promotes exports by U.S. businesses, particularly by those firms competing for international contracts against foreign firms that may benefit from strong home government support. The creation of a new whole-of-government com- mercial advocacy task force that will provide enhanced Federal support for U.S. businesses competing for international contracts, coordinate the efforts of executive branch leadership in engaging their foreign counterparts on commercial advocacy issues, and increase the availability of information to the U.S. business community about these kinds of export opportunities, will ensure that U.S. exporters have more support for selling their goods and services in global markets. Sec. 2. Establishment and Membership. There is hereby established an Inter- agency Task Force on Commercial Advocacy (Task Force). (a) The Task Force shall be chaired by the Secretary of Commerce (Chair) and consist of senior-level officials from the following executive departments and agencies (agencies) designated by the heads of those agencies: (i) Department of State; (ii) Department of the Treasury; (iii) Department of Defense; (iv) Department of Agriculture; (v) Department of Health and Human Services; (vi) Department of Transportation; (vii) Department of Energy; (viii) Department of Homeland Security; (ix) United States Agency for International Development; (x) Export-Import Bank of the United States; (xi) Millennium Challenge Corporation; (xii) Overseas Private Investment Corporation; VerDate Mar<15>2010 18:34 Dec 10, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\11DEE0.SGM 11DEE0 mstockstill on DSK4VPTVN1PROD with 73894 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Presidential Documents (xiii) Small Business Administration; (xiv) United States Trade and Development Agency; and (xv) such other agencies as the President, or the Chair, may designate. (b) The Chair shall designate a senior-level official of the Department of Commerce as the Executive Director of the Task Force, who shall be responsible for regularly convening and presiding over the meetings of the Task Force, determining its agenda, and guiding its work in fulfilling its functions under this order in coordination with the Advocacy Center at the Department of Commerce. Sec. 3. Functions. The Task Force shall perform the following functions: (a) review and prioritize commercial advocacy cases in which the Advocacy Center at the Department of Commerce has approved the provision of commercial advocacy services, and coordinate the activities of relevant agencies to enhance Federal support for such cases, in order to increase the success of U.S. exporters competing for foreign procurements; (b) coordinate the engagement of agency leadership with their foreign counterparts regarding commercial advocacy issues, particularly with re- spect to their foreign travel and other occasions for engagement with foreign officials, and evaluate reports on the outcomes of such engagement, in order to increase the number of senior-level agency officials regularly and effectively advocating on behalf of U.S. exporters; (c) develop strategies to raise the awareness of commercial advocacy assist- ance within the U.S. business community in order to increase the number of U.S. businesses utilizing commercial advocacy services; (d) institute processes to obtain and distribute information about foreign procurement opportunities that may be of interest to U.S. businesses in order to expand awareness of opportunities for U.S. businesses to sell their goods and services to foreign governments; (e) facilitate voluntary short-term personnel exchanges, not to exceed 120 days, between the Department of Commerce and other Task Force agencies, in order to cross-train Federal personnel to better serve U.S. exporters; and (f) submit a progress report to the Export Promotion Cabinet every 180 days, which should include, but not be limited to, the number of commer- cial advocacy cases opened and successfully concluded, the number of commercial advocacy engagements by senior-level agency officials, and the number of U.S. businesses utilizing commercial advocacy services. The Advocacy Center at the Department of Commerce will be responsible for managing and tracking all commercial advocacy reporting for the Task Force. Sec. 4. Definitions. For the purposes of this order: (a) the term ‘‘commercial advocacy’’ shall mean Federal support for U.S. firms competing for foreign project or procurement opportunities; and (b) the term ‘‘foreign project or procurement opportunities’’ shall mean export opportunities, including defense export opportunities, for U.S. busi- nesses that involve foreign government decisionmakers, including foreign government-owned corporations. Sec. 5. General Provisions. (a) The Commerce Department shall provide funding and administrative support for the Task Force to the extent permitted by law and consistent with existing appropriations. (b) Nothing in this order shall be construed to impair or otherwise effect: (i) the authority granted by law, regulation, Executive Order, or Presidential Directive to an executive department, agency, or the head thereof; and (ii) the functions of the Director of the Office of Management and Budget 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 VerDate Mar<15>2010 18:34 Dec 10, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\11DEE0.SGM 11DEE0 mstockstill on DSK4VPTVN1PROD with 73895 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Presidential Documents against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, Washington, December 6, 2012. [FR Doc. 2012–30060 Filed 12–10–12; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 18:34 Dec 10, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\11DEE0.SGM 11DEE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with

Establishment of an Interagency Task Force on Commercial Advocacy

2012-12-06T00:00:00

a6a02b476e3611241b9fd6b9f513ec1818242d4ef06962c228f48ba0560762fb

Presidential Executive Order

2012-30310 (13632)

Presidential Documents 74341 Federal Register Vol. 77, No. 241 Friday, December 14, 2012 Title 3— The President Executive Order 13632 of December 7, 2012 Establishing the Hurricane Sandy Rebuilding Task Force 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. Hurricane Sandy made landfall on October 29, 2012, resulting in major flooding, extensive structural damage, and significant loss of life. A dangerous nor’easter followed 9 days later causing additional damage and undermining the recovery effort. As a result of these events, thousands of individuals were displaced and millions lost power, some for an extended period of time. Over 1,600 stores were closed, and fuel distribution was severely disrupted, further complicating the recovery effort. New York and New Jersey—two of the Nation’s most populous States— were especially hard hit by these storms. The Federal Emergency Management Agency (FEMA) in the Department of Homeland Security is leading the recovery efforts to assist the affected region. A disaster of Hurricane Sandy’s magnitude merits a comprehensive and collaborative approach to the long-term rebuilding plans for this critical region and its infrastructure. Rebuilding efforts must address economic condi- tions and the region’s aged infrastructure—including its public housing, transportation systems, and utilities—and identify the requirements and re- sources necessary to bring these systems to a more resilient condition given both current and future risks. This order establishes the Hurricane Sandy Rebuilding Task Force (Task Force) to provide the coordination that is necessary to support these rebuild- ing objectives. In collaboration with the leadership provided through the National Disaster Recovery Framework (NDRF), the Task Force will identify opportunities for achieving rebuilding success, consistent with the NDRF’s commitment to support economic vitality, enhance public health and safety, protect and enhance natural and manmade infrastructure, and ensure appro- priate accountability. The Task Force will work to ensure that the Federal Government continues to provide appropriate resources to support affected State, local, and tribal communities to improve the region’s resilience, health, and prosperity by building for the future. Sec. 2. Establishment of the Hurricane Sandy Rebuilding Task Force. There is established the Hurricane Sandy Rebuilding Task Force, which shall be chaired by the Secretary of Housing and Urban Development (Chair). (a) In addition to the Chair, the Task Force shall consist of the head of each of the following executive departments, agencies, and offices, or their designated representatives: (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 Transportation; (viii) the Department of Energy; (ix) the Department of Education; VerDate Mar<15>2010 16:05 Dec 13, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\14DEE0.SGM 14DEE0 mstockstill on DSK4VPTVN1PROD with 74342 Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Presidential Documents (x) the Department of Veterans Affairs; (xi) the Department of Homeland Security; (xii) the Environmental Protection Agency; (xiii) the Small Business Administration; (xiv) the Army Corps of Engineers; (xv) the Office of Management and Budget; (xvi) the National Security Staff; (xvii) the Domestic Policy Council; (xviii) the National Economic Council; (xix) the Council on Environmental Quality; (xx) the Office of Science and Technology Policy; (xxi) the Council of Economic Advisers; (xxii) the White House Office of Public Engagement and Intergovernmental Affairs; (xxiii) the White House Office of Cabinet Affairs; and (xxiv) such other agencies and offices as the President may designate. (b) The Chair shall regularly convene and preside at meetings of the Task Force and determine its agenda as the Task Force exercises the functions set forth in section 3 of this order. The Chair’s duties shall also include: (i) communicating and engaging with States, tribes, local governments, Members of Congress, other stakeholders and interested parties, and the public on matters pertaining to rebuilding in the affected region; (ii) coordinating the efforts of executive departments, agencies, and offices related to the functions of the Task Force; and (iii) specifying the form and subject matter of regular reports to be sub- mitted concurrently to the Domestic Policy Council, the National Security Staff, and the Chair. Sec. 3. Functions of the Task Force. Consistent with the principles of the NDRF, including individual and family empowerment, leadership and local primacy, partnership and inclusiveness, public information, unity of effort, timeliness and flexibility, resilience and sustainability, and psychological and emotional recovery, the Task Force shall: (a) work closely with FEMA in the coordination of rebuilding efforts with the various intergovernmental activities taken in conjunction with the NDRF; (b) describe the potentially relevant authorities and resources of each member of the Task Force; (c) identify and work to remove obstacles to resilient rebuilding in a manner that addresses existing and future risks and vulnerabilities and promotes the long-term sustainability of communities and ecosystems; (d) coordinate with entities in the affected region in efforts to: (i) ensure the prompt and orderly transition of affected individuals and families into safe and sanitary long-term housing; (ii) plan for the rebuilding of critical infrastructure damaged by Hurricane Sandy in a manner that accounts for current vulnerabilities to extreme weather events and increases community and regional resilience in re- sponding to future impacts; (iii) support the strengthening of the economy; and (iv) understand current vulnerabilities and future risks from extreme weath- er events, and identify resources and authorities that can contribute to strengthening community and regional resilience as critical infrastructure is rebuilt and ecosystem functions are restored; VerDate Mar<15>2010 16:05 Dec 13, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\14DEE0.SGM 14DEE0 mstockstill on DSK4VPTVN1PROD with 74343 Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Presidential Documents (e) prior to the termination of the Task Force, present to the President a Hurricane Sandy Rebuilding Strategy (Strategy) as provided in section 5 of this order; (f) engage local stakeholders, communities, the public, Members of Con- gress, and other officials throughout the areas affected by Hurricane Sandy to ensure that all parties have an opportunity to share their needs and viewpoints to inform the work of the Task Force, including the development of the Strategy; and (g) communicate with affected tribes in a manner consistent with Executive Order 13175 of November 6, 2000, regarding the consultation and coordina- tion with Indian tribal governments. Sec. 4. Task Force Advisory Group. The Chair shall, at his discretion, establish an Advisory Group to advise the Task Force and invite individuals to participate in it. Participants shall be elected State, local, and tribal officials and may include Governors, Mayors, County Executives, tribal elected offi- cials, and other elected officials from the affected region as the Chair deems appropriate. Members of the Advisory Group, acting in their official capacity, may designate employees with authority to act on their behalf. The Advisory Group shall generally advise the Task Force as requested by the Chair, and shall provide input on each element of the Strategy described in section 5 of this order. Sec. 5. Hurricane Sandy Rebuilding Strategy. (a) Within 180 days of the first convening of its members, the Task Force shall prepare a Strategy that includes: (i) a summary of Task Force activities; (ii) a long-term rebuilding plan that includes input from State, local, and tribal officials and is supported by Federal agencies, which is informed by an assessment of current vulnerabilities to extreme weather events and seeks to mitigate future risks; (iii) specific outcomes, goals, and actions by Federal, State, local, and tribal governments and the private sector, such as the establishment of permanent entities, as well as any proposed legislative, regulatory, or other actions that could support the affected region’s rebuilding; and (iv) a plan for monitoring progress. (b) The executive departments, agencies, and offices listed in section 2(a) of this order shall, as appropriate and to the extent permitted by law, align their relevant programs and authorities with the Strategy. Sec. 6. Administration. (a) The Task Force shall have a staff, headed by an Executive Director, which shall provide support for the functions of the Task Force. (b) The Executive Director shall be selected by the Chair and shall super- vise, direct, and be accountable for the administration and support of the Task Force. (c) At the request of the Chair, other executive departments and agencies shall serve in an advisory role to the Task Force on issues within their expertise. (d) The Task Force may establish technical working groups of Task Force members, their representatives, and invited Advisory Group members and elected officials, or their designated employees, as necessary to provide advice in support of their function. (e) The Task Force shall terminate 60 days after the completion of the Strategy described in section 5 of this order, after which FEMA and the lead agencies for the Recovery Support Functions, as described in the NDRF, shall continue the Federal rebuilding coordinating roles described in section 3 of this order to the extent consistent with the NDRF. Sec. 7. General Provisions. (a) For purposes of this order, ‘‘affected tribe’’ means any Indian tribe, band, nation, pueblo, village, or community that VerDate Mar<15>2010 16:05 Dec 13, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14DEE0.SGM 14DEE0 mstockstill on DSK4VPTVN1PROD with 74344 Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Presidential Documents the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a), located or with interests in the affected area. (b) To the extent permitted by law, and subject to the availability of appropriations, the Department of Housing and Urban Development shall provide the Task Force with such administrative services, facilities, staff, equipment, mobile communications, and other support services as may be necessary for the Task Force to carry out its functions, using funds provided from the Disaster Relief Fund by agreement with FEMA and any other available and appropriate funding. (c) Members of the Task Force, Advisory Group, and any technical working groups shall serve without any additional compensation for their work on the Task Force, Advisory Group, or technical working group. (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 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. (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, Washington, December 7, 2012. [FR Doc. 2012–30310 Filed 12–13–12; 8:45 am] Billing code 3295–F3 VerDate Mar<15>2010 16:05 Dec 13, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14DEE0.SGM 14DEE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with

Establishing the Hurricane Sandy Rebuilding Task Force

2012-12-07T00:00:00

ad6b81eb640171d06c99718e669470dce2e80aacb4ba0aae182bdd9dd451d53e

Presidential Executive Order

2014-06768 (13663)

Presidential Documents 16647 Federal Register Vol. 79, No. 57 Tuesday, March 25, 2014 Title 3— The President Executive Order 13663 of March 20, 2014 Establishing an Emergency Board to Investigate Disputes Be- tween the Long Island Rail Road Company and Certain of Its Employees Represented by Certain Labor Organizations Disputes exist between the Long Island Rail Road Company and certain of its employees represented by certain labor organizations. The labor organi- zations involved in these disputes are designated on the attached list, which is made part of this order. The disputes heretofore have not been adjusted under the provisions of the Railway Labor Act, as amended, 45 U.S.C. 151–188 (RLA). A first emergency board to investigate and report on the disputes was established on November 22, 2013, by Executive Order 13654 of November 21, 2013. The emergency board terminated upon issuance of its report. Subsequently, its recommendations were not accepted by the parties. A party empowered by the RLA has requested that the President establish a second emergency board pursuant to section 9A of the RLA (45 U.S.C. 159a). Section 9A(e) of the RLA provides that the President, upon such request, shall appoint a second emergency board to investigate and report on the disputes. NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States, including section 9A of the RLA, it is hereby ordered as follows: Section 1. Establishment of Emergency Board (Board). There is established, effective 12:01 a.m. eastern daylight time on March 22, 2014, a Board of three members to be appointed by the President to investigate and report on these disputes. No member shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The Board shall perform its functions subject to the availability of funds. Sec. 2. Report. Within 30 days after the creation of the Board, the parties to the disputes shall submit to the Board final offers for settlement of the disputes. Within 30 days after the submission of final offers for settlement of the disputes, the Board shall submit a report to the President setting forth its selection of the most reasonable offer. Sec. 3. Maintaining Conditions. As provided by section 9A(h) of the RLA, from the time a request to establish a second emergency board is made until 60 days after the Board submits its report to the President, no change in the conditions out of which the disputes arose shall be made by the parties to the controversy, except by agreement of the parties. VerDate Mar<15>2010 20:04 Mar 24, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\25MRE0.SGM 25MRE0 tkelley on DSK3SPTVN1PROD with E0 16648 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Presidential Documents Sec. 4. Records Maintenance. The records and files of the Board are records of the Office of the President and upon the Board’s termination shall be maintained in the physical custody of the National Mediation Board. Sec. 5. Expiration. The Board shall terminate upon the submission of the report provided for in section 2 of this order. THE WHITE HOUSE, March 20, 2014. Billing code 3295–F2–P VerDate Mar<15>2010 20:04 Mar 24, 2014 Jkt 232001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\25MRE0.SGM 25MRE0 OB#1.EPS</GPH> tkelley on DSK3SPTVN1PROD with E0 16649 Federal Register / Vol. 79, No. 57 / Tuesday, March 25, 2014 / Presidential Documents [FR Doc. 2014–06768 Filed 3–24–14; 11:15 a.m.] Billing code 4310–10–C VerDate Mar<15>2010 20:04 Mar 24, 2014 Jkt 232001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\25MRE0.SGM 25MRE0 ED25MR14.099</GPH> tkelley on DSK3SPTVN1PROD with E0 LABOR ORGANIZATIONS Brotherhood of Railroad Signalmen Independent Rai~way Supervisors Association International International Association of Machinists & Aerospace Workers National Conference of Firemen & Oilers/Service Employees International Union International Brotherhood of Electrical Workers Transportation Communications International Union International Association of Sheet Metal, Air, Rail and Transportation Workers

Establishing an Emergency Board to Investigate Disputes Between the Long Island Rail Road Company and Certain of Its Employees Represented by Certain Labor Organizations

2014-03-20T00:00:00

3c2370b63f26c1db938873d73c204488c0785cdd0ab73f35da61654393e46552

Presidential Executive Order

2012-25236 (13628)

Presidential Documents 62139 Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Presidential Documents Executive Order 13628 of October 9, 2012 Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Threat Reduction and Syria Human Rights Act of 2012 and Additional 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.), the Iran Sanctions Act of 1996 (Public Law 104–172) (50 U.S.C. 1701 note), as amended (ISA), the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public 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) (ITRSHRA), section 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the national emergency declared in Executive Order 12957 of March 15, 1995, I, BARACK OBAMA, President of the United States of America, 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 ISA, CISADA, or ITRSHRA and has, in accordance with those authorities, selected one or more of the sanc- tions set forth in section 6 of ISA to impose on that person, the Secretary of the Treasury, in consultation with the Secretary of State, shall take the following actions with respect to the sanctions selected and maintained by the President, the Secretary of State, or the Secretary of the Treasury: (i) with respect to section 6(a)(3) of ISA, prohibit any United States financial institution from making loans or providing credits to the sanctioned person consistent with that section; (ii) with respect to section 6(a)(6) of ISA, 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) with respect to section 6(a)(7) of ISA, prohibit any transfers of credit or payments between financial institutions or by, through, or to any finan- cial 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) with respect to section 6(a)(8) of ISA, block all property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any United States person, including any foreign branch, 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) with respect to section 6(a)(9) of ISA, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person; (vi) with respect to section 6(a)(11) of ISA, impose on the principal execu- tive officer or officers, or persons performing similar functions and with VerDate Mar<15>2010 14:22 Oct 11, 2012 Jkt 229001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCE0.SGM 12OCE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC4 62140 Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Presidential Documents similar authorities, of a sanctioned person the sanctions described in sections 6(a)(3), 6(a)(6), (6)(a)(7), 6(a)(8), 6(a)(9), or 6(a)(12) of ISA, as selected by the President, Secretary of State, or Secretary of the Treasury, as appropriate; or (vii) with respect to section 6(a)(12) of ISA, restrict or prohibit imports of goods, technology, or services, directly or indirectly, into the United States from the sanctioned person. (b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order. 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, including any foreign branch, 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 or at the recommendation of the Secretary of State: (i) to have 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; (ii) to have knowingly, on or after August 10, 2012, provided services, including services relating to hardware, software, or specialized informa- tion or professional consulting, engineering, or support services, with re- spect 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; (iii) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the activities described in subsection (a)(i) or (a)(ii) of this section or any person whose property and interests in property are blocked pursuant to this section; 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 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 prior to the date of this order. Sec. 3. (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, including any foreign branch, 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 or at the recommendation of the Secretary of State: (i) to have 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 VerDate Mar<15>2010 14:22 Oct 11, 2012 Jkt 229001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCE0.SGM 12OCE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC4 62141 Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Presidential Documents 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; (ii) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the activities described in subsection (a)(i) of this section or any person whose property and interests in property are blocked pursuant to this section; 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 and interests in property are blocked pursuant to 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 prior to the date of this order. Sec. 4. (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 jurisdiction 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 of February 5, 2012, section 5 of Executive Order 13622 of July 30, 2012, or section 12 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 12 of this order, may be assessed against the United States person that owns or controls the entity that engaged in the prohibited transaction. (c) Penalties for violations of the prohibition in subsection (a) of this section shall not apply if the United States person that owns or controls the entity divests or terminates its business with the entity not later than February 6, 2013. (d) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order. Sec. 5. The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representa- tive, and with the President of the Export-Import Bank of the United States, 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 6 or 7 of this order upon determining that the person: (a) knowingly, between July 1, 2010, and August 10, 2012, sold, leased, or provided to Iran goods, services, technology, information, or support with a fair market value of $1,000,000 or more, or with an aggregate fair market value of $5,000,000 or more during a 12-month period, and that could directly and significantly facilitate the maintenance or expansion of Iran’s domestic production of refined petroleum products, including any direct and significant assistance with respect to the construction, moderniza- tion, or repair of petroleum refineries; (b) knowingly, between July 1, 2010, and August 10, 2012, sold or provided to Iran refined petroleum products with a fair market value of $1,000,000 or more, or with an aggregate fair market value of $5,000,000 or more during a 12-month period; VerDate Mar<15>2010 14:22 Oct 11, 2012 Jkt 229001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCE0.SGM 12OCE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC4 62142 Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Presidential Documents (c) knowingly, between July 1, 2010, and August 10, 2012, sold, leased, or provided to Iran goods, services, technology, information, or support with a fair market value of $1,000,000 or more, or with an aggregate fair market value of $5,000,000 or more during a 12-month period, and that could directly and significantly contribute to the enhancement of Iran’s ability to import refined petroleum products; (d) is a successor entity to a person determined by the Secretary of State in accordance with this section to meet the criteria in subsection (a), (b), or (c) of this section; (e) owns or controls a person determined by the Secretary of State in accordance with this section to meet the criteria in subsection (a), (b), or (c) of this section, and had knowledge that the person engaged in the activities referred to in that subsection; or (f) 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 the criteria in subsection (a), (b), or (c) of this section, and knowingly participated in the activities referred to in that subsection. Sec. 6. (a) When the Secretary of State, in accordance with the terms of section 5 of this order, has determined that a person meets any of the criteria described in section 5 and has selected any of the sanctions set forth below to impose on that person, the heads of relevant agencies, in consultation with the Secretary of State, shall take the following actions where necessary to implement the sanctions imposed by the Secretary of State: (i) the Board of Directors of the Export-Import Bank shall deny approval of the issuance of any guarantee, insurance, extension of credit, or partici- pation in an extension of credit in connection with the export of any goods or services to the sanctioned person; (ii) agencies shall not issue any specific license or grant any other specific permission or authority under any statute 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; (iii) with respect to a sanctioned person that is a financial institution: (1) 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 (2) 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; or (iv) agencies shall not procure, or enter into a contract for the procurement of, any goods or services from the sanctioned person. (b) The prohibitions in subsections (a)(i)–(a)(iv) 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. 7. (a) When the Secretary of State, in accordance with the terms of section 5 of this order, has determined that a person meets any of the criteria described in section 5 and has selected 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 imposed by the Secretary of State: (i) prohibit any United States financial institution from making loans or providing credits to the sanctioned person totaling more than VerDate Mar<15>2010 14:22 Oct 11, 2012 Jkt 229001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCE0.SGM 12OCE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC4 62143 Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Presidential Documents $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 come within the United States, or that are or come within the possession or control of any United States person, including any foreign branch, of the sanctioned person, and provide that such property and interests in property may not be transferred, paid, exported, with- drawn, or otherwise dealt in; or (v) restrict or prohibit imports of goods, technology, or services, directly or indirectly, into the United States from the sanctioned person. (b) The prohibitions in subsections (a)(i)–(a)(v) 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. 8. I hereby determine that, to the extent that 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(a)(iv), 2(a), 3(a), and 7(a)(iv) of this order. Sec. 9. The prohibitions in subsections 1(a)(iv), 2(a), 3(a), and 7(a)(iv) of this order include but are not limited to: (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. 10. I hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens who meet one or more of the criteria in subsections 2(a) and 3(a) of this order would be detrimental to the interests of the United States, and I hereby suspend the entry into the United States, as immigrants or nonimmigrants, of such persons. Such per- sons 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. 11. 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 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. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. Sec. 12. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of VerDate Mar<15>2010 14:22 Oct 11, 2012 Jkt 229001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCE0.SGM 12OCE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC4 62144 Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Presidential Documents 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. 13. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘Government of 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; (c) 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; (d) 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; (e) the term ‘‘person’’ means an individual or entity; (f) 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 IEEPA, ISA, CISADA, or ITRSHRA, and on whom the President, the Secretary of State, or the Secretary of the Treasury has imposed any of the sanctions in section 6 of ISA; (g) for the purposes of section 4 of this order, 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; (h) the term ‘‘United States financial institution’’ means a financial institution (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 (i) the term ‘‘United States person’’ means any United States citizen, perma- nent 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. 14. 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 an action taken pursuant to subsections 1(a)(iv), 2(a), 3(a), and 7(a)(iv) of this order. Sec. 15. Executive Order 13622 is hereby amended as follows: (a) Subsection (1)(c)(ii) is amended by deleting the words ‘‘with respect to the country with primary jurisdiction over the foreign financial institu- tion.’’ VerDate Mar<15>2010 14:22 Oct 11, 2012 Jkt 229001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCE0.SGM 12OCE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC4 62145 Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 / Presidential Documents (b) Subsection (2)(b)(ii) is amended by deleting the words ‘‘with respect to the country with primary jurisdiction over the person.’’ (c) Subsection 1(d) is amended by inserting the words ‘‘agricultural commod- ities,’’ after the words ‘‘sale of.’’ Sec. 16. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be necessary to carry out section 104A of CISADA (22 U.S.C. 8514). The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. Sec. 17. 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. 18. 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. 19. 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. THE WHITE HOUSE, Washington, October 9, 2012. [FR Doc. 2012–25236 Filed 10–11–12; 8:45 am] Billing code 3295–F3 VerDate Mar<15>2010 14:22 Oct 11, 2012 Jkt 229001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCE0.SGM 12OCE0 OB#1.EPS</GPH> wreier-aviles on DSK5TPTVN1PROD with PRESDOC4

Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Threat Reduction and Syria Human Rights Act of 2012 and Additional Sanctions With Respect to Iran

2012-10-09T00:00:00

83e0f56a2c16e88210e119a93a8da32a3d921cb3ccf5cc776f34d9359ed64f0e

Presidential Executive Order

2012-27002 (13629)

Presidential Documents 66353 Federal Register Vol. 77, No. 213 Friday, November 2, 2012 Title 3— The President Executive Order 13629 of October 26, 2012 Establishing the White House Homeland Security Partnership 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 advance the Federal Government’s use of local partnerships to address homeland security chal- lenges, it is hereby ordered as follows: Section 1. Policy. The purpose of this order is to maximize the Federal Government’s ability to develop local partnerships in the United States to support homeland security priorities. Partnerships are collaborative work- ing relationships in which the goals, structure, and roles and responsibilities of the relationships are mutually determined. Collaboration enables the Fed- eral Government and its partners to use resources more efficiently, build on one another’s expertise, drive innovation, engage in collective action, broaden investments to achieve shared goals, and improve performance. Partnerships enhance our ability to address homeland security priorities, from responding to natural disasters to preventing terrorism, by utilizing diverse perspectives, skills, tools, and resources. The National Security Strategy emphasizes the importance of partnerships, underscoring that to keep our Nation safe ‘‘we must tap the ingenuity outside government through strategic partnerships with the private sector, nongovernmental organizations, foundations, and community-based organiza- tions. Such partnerships are critical to U.S. success at home and abroad, and we will support them through enhanced opportunities for engagement, coordination, transparency, and information sharing.’’ This approach recog- nizes that, given the complexities and range of challenges, we must institu- tionalize an all-of-Nation effort to address the evolving threats to the United States. Sec. 2. White House Homeland Security Partnership Council and Steering Committee. (a) White House Homeland Security Partnership Council. There is established a White House Homeland Security Partnership Council (Council) to foster local partnerships—between the Federal Government and the private sector, nongovernmental organizations, foundations, community-based organiza- tions, and State, local, tribal, and territorial government and law enforce- ment—to address homeland security challenges. The Council shall be chaired by the Assistant to the President for Homeland Security and Counterterrorism (Chair), or a designee from the National Security Staff. (b) Council Membership. (i) Pursuant to the nomination process established in subsection (b)(ii) of this section, the Council shall be composed of Federal officials who are from field offices of the executive departments, agencies, and bureaus (agencies) that are members of the Steering Committee established in subsection (c) of this section, and who have demonstrated an ability to develop, sustain, and institutionalize local partnerships to address policy priorities. (ii) The nomination process and selection criteria for members of the Council shall be established by the Steering Committee. Based on those criteria, agency heads may select and present to the Steering Committee their nominee or nominees to represent them on the Council. The Steering VerDate Mar<15>2010 15:54 Nov 01, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\02NOE0.SGM 02NOE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 66354 Federal Register / Vol. 77, No. 213 / Friday, November 2, 2012 / Presidential Documents Committee shall consider all of the nominees and decide by consensus which of the nominees shall participate on the Council. Each member agency on the Steering Committee, with the exception of the Office of the Director of National Intelligence, may have at least one representative on the Council. (c) Steering Committee. There is also established a Steering Committee, chaired by the Chair of the Council, to provide guidance to the Council and perform other functions as set forth in this order. The Steering Committee shall include a representative at the Deputy agency head level, or that representative’s designee, from the following agencies: (i) Department of State; (ii) Department of the Treasury; (iii) Department of Defense; (iv) Department of Justice; (v) Department of the Interior; (vi) Department of Agriculture; (vii) Department of Commerce; (viii) Department of Labor; (ix) Department of Health and Human Services; (x) Department of Housing and Urban Development; (xi) Department of Transportation; (xii) Department of Energy; (xiii) Department of Education; (xiv) Department of Veterans Affairs; (xv) Department of Homeland Security; (xvi) Office of the Director of National Intelligence; (xvii) Environmental Protection Agency; (xviii) Small Business Administration; and (xix) Federal Bureau of Investigation. At the invitation of the Chair, representatives of agencies not listed in subsection (c) of this section or other executive branch entities may attend and participate in Steering Committee meetings as appropriate. (d) Administration. The Chair or a designee shall convene meetings of the Council and Steering Committee, determine their agendas, and coordinate their work. The Council may establish subgroups consisting exclusively of Council members or their designees, as appropriate. Sec. 3. Mission and Function of the Council and Steering Committee. (a) The Council shall, consistent with guidance from the Steering Committee: (i) advise the Chair and Steering Committee members on priorities, chal- lenges, and opportunities for local partnerships to support homeland secu- rity priorities, as well as regularly report to the Steering Committee on the Council’s efforts; (ii) promote homeland security priorities and opportunities for collabora- tion between Federal Government field offices and State, local, tribal, and territorial stakeholders; (iii) advise and confer with State, local, tribal, and territorial stakeholders and agencies interested in expanding or building local homeland security partnerships; (iv) raise awareness of local partnership best practices that can support homeland security priorities; VerDate Mar<15>2010 15:54 Nov 01, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\02NOE0.SGM 02NOE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 66355 Federal Register / Vol. 77, No. 213 / Friday, November 2, 2012 / Presidential Documents (v) as appropriate, conduct outreach to representatives of the private sector, nongovernmental organizations, foundations, community-based organiza- tions, and State, local, tribal, and territorial government and law enforce- ment entities with relevant expertise for local homeland security partner- ships, and collaborate with other Federal Government bodies; and (vi) convene an annual meeting to exchange key findings, progress, and best practices. (b) The Steering Committee shall: (i) determine the scope of issue areas the Council will address and its operating protocols, in consultation with the Office of Management and Budget; (ii) establish the nomination process and selection criteria for members of the Council as set forth in section 2(b)(ii) of this order; (iii) provide guidance to the Council on the activities set forth in subsection (a) of this section; and (iv) within 1 year of the selection of the Council members, and annually thereafter, provide a report on the work of the Council to the President through the Chair. Sec. 4. General Provisions. (a) The heads of agencies participating in the Steering Committee shall assist and provide information to the Council, consistent with applicable law, as may be necessary to implement this order. Each agency shall bear its own expense for participating in the Council. (b) 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 the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or (iii) the functions of the Overseas Security Advisory Council. (c) This order shall be implemented consistent with applicable law and appropriate protections for privacy and civil liberties, 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. THE WHITE HOUSE, Washington, October 26, 2012. [FR Doc. 2012–27002 Filed 11–1–12; 11:15 am] Billing code 3295–F3 VerDate Mar<15>2010 15:54 Nov 01, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\02NOE0.SGM 02NOE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Establishing the White House Homeland Security Partnership Council

2012-10-26T00:00:00

a549cd20579b831f56377fc0344196b3db0d17ddf6a04ed536a3eef724c96985

Presidential Executive Order

2012-24374 (13627)

Presidential Documents 60029 Federal Register Vol. 77, No. 191 Tuesday, October 2, 2012 Title 3— The President Executive Order 13627 of September 25, 2012 Strengthening Protections Against Trafficking in Persons in Federal Contracts 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 the Trafficking Victims Protection Act of 2000, as amended (TVPA) (Public Law 106–386, Division A), and in order to strengthen protections against trafficking in persons in Federal contracting, it is hereby ordered as follows: Section 1. Policy. More than 20 million men, women, and children throughout the world are victims of severe forms of trafficking in persons (‘‘trafficking’’ or ‘‘trafficking in persons’’)—defined in section 103 of the TVPA, 22 U.S.C. 7102(8), to include sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age, or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. The United States has long had a zero-tolerance policy regarding Government employees and contractor personnel engaging in any form of this criminal behavior. As the largest single purchaser of goods and services in the world, the United States Government bears a responsibility to ensure that taxpayer dollars do not contribute to trafficking in persons. By providing our Govern- ment workforce with additional tools and training to apply and enforce existing policy, and by providing additional clarity to Government contractors and subcontractors on the steps necessary to fully comply with that policy, this order will help to protect vulnerable individuals as contractors and subcontractors perform vital services and manufacture the goods procured by the United States. In addition, the improved safeguards provided by this order to strengthen compliance with anti-trafficking laws will promote economy and efficiency in Government procurement. These safeguards, which have been largely modeled on successful practices in the private sector, will increase stability, productivity, and certainty in Federal contracting by avoiding the disruption and disarray caused by the use of trafficked labor and resulting investigative and enforcement actions. Sec. 2. Anti-Trafficking Provisions. (a) Within 180 days of the date of this order, the Federal Acquisition Regulatory (FAR) Council, in consultation with the Secretary of State, the Attorney General, the Secretary of Labor, the Secretary of Homeland Security, the Administrator for the United States Agency for International Development, and the heads of such other executive departments and agencies (agencies) as the FAR Council determines to be appropriate, shall take steps necessary to amend the Federal Acquisition Regulation to: (1) strengthen the efficacy of the Government’s zero-tolerance policy on trafficking in persons by Federal contractors and subcontractors in solicita- tions, contracts, and subcontracts for supplies or services (including construc- tion and commercial items), by: (A) expressly prohibiting Federal contractors, contractor employees, sub- contractors, and subcontractor employees from engaging in any of the following types of trafficking-related activities: VerDate Mar<15>2010 08:25 Oct 01, 2012 Jkt 229001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCE0.SGM 02OCE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC1 60030 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Presidential Documents (i) using misleading or fraudulent recruitment practices during the re- cruitment of employees, such as failing to disclose basic information or making material misrepresentations regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, living conditions and housing (if employer provided or arranged), any significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work; (ii) charging employees recruitment fees; (iii) destroying, concealing, confiscating, or otherwise denying access by an employee to the employee’s identity documents, such as passports or drivers’ licenses; and (iv) for portions of contracts and subcontracts: (I) performed outside the United States, failing to pay return transpor- tation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract; (II) not covered by subsection (a)(1)(A)(iv)(I) of this section, failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract, if the pay- ment of such costs is required under existing temporary worker pro- grams or pursuant to a written agreement with the employee; pro- vided, however (III) that the requirements of subsections (a)(1)(A)(iv)(I) and (II) shall not apply to: (aa) an employee who is legally permitted to remain in the country of employment and who chooses to do so; or (bb) an employee who is a victim of trafficking and is seeking victim services or legal redress in the country of employment, or an employee who is a witness in a trafficking-related enforcement action; (v) other specific activities that the FAR Council identifies as directly supporting or promoting trafficking in persons, the procurement of commer- cial sex acts, or the use of forced labor in the performance of the contract or subcontract; (B) requiring contractors and their subcontractors, by contract clause, to agree to cooperate fully in providing reasonable access to allow contracting agencies and other responsible enforcement agencies to conduct audits, investigations, or other actions to ascertain compliance with the TVPA, this order, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and (C) requiring contracting officers to notify, in accordance with agency procedures, the agency’s Inspector General, the agency official responsible for initiating suspension or debarment actions, and law enforcement, if appropriate, if they become aware of any activities that would justify termination under section 106(g) of the TVPA, 22 U.S.C. 7104(g), or are inconsistent with the requirements of this order or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor, and further requiring that the agency official responsible for initiating suspen- sion and debarment actions consider whether suspension or debarment is necessary in order to protect the Government’s interest; (2) except as provided in subsection (a)(3) of this section, ensure that provisions in solicitations and clauses in contracts and subcontracts, where the estimated value of the supplies acquired or services required to be performed outside the United States exceeds $500,000, include the following VerDate Mar<15>2010 08:25 Oct 01, 2012 Jkt 229001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCE0.SGM 02OCE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC1 60031 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Presidential Documents requirements pertaining to the portion of the contract or subcontract per- formed outside the United States: (A) that each such contractor and subcontractor maintain a compliance plan during the performance of the contract or subcontract that is appro- priate for the size and complexity of the contract or subcontract and the nature and scope of the activities performed, including the risk that the contract or subcontract will involve services or supplies susceptible to trafficking. The compliance plan shall be provided to the contracting officer upon request, and relevant contents of the plan shall be posted no later than the initiation of contract performance at the workplace and on the contractor or subcontractor’s Web site (if one is maintained), and shall, at a minimum, include: (i) an awareness program to inform employees about: (I) the policy of ensuring that employees do not engage in trafficking in persons or related activities, including those specified in subsection (a)(1)(A) of this section, the procurement of commercial sex acts, or the use of forced labor; and (II) the actions that will be taken against employees for violation of such policy; (ii) a process for employees to report, without fear of retaliation, any activity that would justify termination under section 106(g) of the TVPA, or is inconsistent with the requirements of this order, or any other applica- ble law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; (iii) a recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host country legal requirements or explains any variance; (iv) a housing plan, if the contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host country housing and safety standards or explains any variance; and (v) procedures to prevent subcontractors at any tier from engaging in trafficking in persons, including those trafficking-related activities de- scribed in subsection (a)(1)(A) of this section, and to monitor, detect, and terminate any subcontractors or subcontractor employees that have engaged in such activities; and (B) that each such contractor and subcontractor shall certify, prior to receiving an award and annually thereafter during the term of the contract or subcontract, that: (i) it has the compliance plan referred to in subsection (a)(2)(A) of this section in place to prevent trafficking-related activities described in section 106(g) of the TVPA and this order; and (ii) either, to the best of its knowledge and belief, neither it nor any of its subcontractors has engaged in any such activities; or, if abuses have been found, the contractor or subcontractor has taken the appropriate remedial and referral actions; (3) specify that the requirements in subsections (a)(2)(A) and (B) of this section shall not apply with respect to contracts or subcontracts for commer- cially available off-the-shelf items. (b) Not later than 1 year after the date of this order, the member agencies of the President’s Interagency Task Force to Monitor and Combat Trafficking in Persons (PITF), established pursuant to section 105 of the TVPA, 22 U.S.C. 7103, shall jointly establish a process for evaluating and identifying, for Federal contracts and subcontracts performed substantially within the United States, whether there are industries or sectors with a history (or where there is current evidence) of trafficking-related or forced labor activities described in section 106(g) of the TVPA, in subsection (a)(1)(A) of this section, or any other applicable law or regulation establishing restrictions VerDate Mar<15>2010 08:25 Oct 01, 2012 Jkt 229001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCE0.SGM 02OCE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC1 60032 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Presidential Documents on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor. Where the PITF has identified such industries or sectors, it shall notify agencies of these designations, and individual agencies shall, in consultation with the Office of Federal Procurement Policy of the Office of Management and Budget, adopt and publish appropriate safeguards, guid- ance, and compliance assistance to prevent trafficking and forced labor in Federal contracting in these identified areas. Sec. 3. Guidance and Training. (a) The Administrator for Federal Procure- ment Policy shall: (1) in consultation with appropriate management councils, such as the Chief Acquisition Officers Council, provide guidance to agencies on devel- oping appropriate internal procedures and controls for awarding and admin- istering Federal contracts to improve monitoring of and compliance with actions to prevent trafficking in persons, consistent with section 106 of the TVPA, including the development of methods to track the number of trafficking violations reported and remedies applied; and (2) in consultation with the Federal Acquisition Institute and appropriate management councils, such as the Chief Acquisition Officers Council: (A) develop methods to track the number of Federal employees trained; and (B) implement training requirements to ensure that the Federal acquisition workforce is trained on the policies and responsibilities for combating trafficking, including on: (i) applicable laws, regulations, and policies; and (ii) internal controls and oversight procedures implemented by the agen- cy, including enforcement procedures available to the agency to investigate, manage, and mitigate contractor and subcontractor trafficking violations. (b) The member agencies of PITF shall jointly facilitate the sharing of informa- tion that may be used by acquisition, program, and other offices within agencies to evaluate where the risk of trafficking in persons may be height- ened based on the nature of the work to be performed, the place of perform- ance, and any other relevant considerations. Sec. 4. Effective Date. This order shall become effective immediately and shall apply to solicitations issued on or after the effective date for the action taken by the FAR Council under subsection 2(a) of this order. Sec. 5. 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. VerDate Mar<15>2010 08:25 Oct 01, 2012 Jkt 229001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCE0.SGM 02OCE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC1 60033 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / 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, Washington, September 25, 2012. [FR Doc. 2012–24374 Filed 10–1–12; 8:45 am] Billing code 3295–F3–P VerDate Mar<15>2010 08:25 Oct 01, 2012 Jkt 229001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCE0.SGM 02OCE0 OB#1.EPS</GPH> wreier-aviles on DSK5TPTVN1PROD with PRESDOC1

Strengthening Protections Against Trafficking in Persons in Federal Contracts

2012-09-25T00:00:00

4ea10d51dc02b0e761e922996ac5b7cd70de4c5acef9ca5e9b14a9b611c682ee

Presidential Executive Order

2012-22807 (13626)

Presidential Documents 56749 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Presidential Documents Executive Order 13626 of September 10, 2012 Gulf Coast Ecosystem Restoration By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 311 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. 1321), section 1006 of the Oil Pollution Act of 1990 (33 U.S.C. 2706), and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Policy. Executive Order 13554 of October 5, 2010, was issued after the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulted in the largest oil spill in U.S. history (Deepwater Horizon Oil Spill). Executive Order 13554 recognized the Gulf Coast as a national treasure and addressed the long- standing ecological decline of that region, which was compounded by the Deepwater Horizon Oil Spill. In doing so, Executive Order 13554 established a Gulf Coast Ecosystem Restoration Task Force (Task Force) to coordinate intergovernmental efforts, planning, and the exchange of information in order to better implement Gulf Coast ecosystem restoration and facilitate appro- priate accountability and support throughout the restoration process. Since the implementation of Executive Order 13554, the Federal Govern- ment’s Gulf Coast ecosystem restoration planning efforts have advanced significantly. The Task Force’s Gulf of Mexico Regional Ecosystem Restora- tion Strategy (Strategy), created with input from Federal, State, tribal, and local governments, and thousands of involved citizens and organizations across the region, serves as a comprehensive restoration plan for addressing ecological concerns in the Gulf of Mexico. In light of the release of the Strategy, the ongoing work of the Natural Resource Damage Trustee Council (Trustee Council) under the Oil Pollution Act, and the recent passage of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act) (title I, subtitle F of Public Law 112–141), this order affirms the Federal Government’s Gulf Coast ecosystem restoration efforts and realigns respon- sibilities to ensure the most effective governmental planning and coordination to reach these goals. Sec. 2. Termination of the Gulf Coast Ecosystem Restoration Task Force. The progress of the Task Force is noteworthy. It has completed the Strategy and the preliminary planning and coordination tasks that it was intended to produce and has significantly advanced important ecosystem restoration goals for the Gulf of Mexico. In light of the recent creation, described below, of the Gulf Coast Ecosystem Restoration Council (Gulf Restoration Council), which will build upon the Task Force’s already successful collabo- ration between Federal, State, and tribal governments and, as directed by statute, include and incorporate in its proposed comprehensive plan the findings and information prepared by the Task Force, the Task Force shall terminate no later than 60 days after the Gulf Restoration Council commences its work. The functions of the Task Force will be performed by the Gulf Restoration Council and the Trustee Council to the extent practicable, as set forth in this order. Prior to its termination, the Task Force will provide such assistance as is appropriate to the Gulf Restoration Council. VerDate Mar<15>2010 19:39 Sep 12, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\13SEE0.SGM 13SEE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 56750 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Presidential Documents Sec. 3. The Gulf Coast Restoration Trust Fund and the Gulf Coast Ecosystem Restoration Council. (a) Gulf Coast Restoration Trust Fund. The RESTORE Act, which was signed into law as part of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141), established a mechanism for providing funding to the Gulf region to restore ecosystems and rebuild local economies damaged by the Deepwater Horizon Oil Spill. The RESTORE Act established in the Treasury of the United States the Gulf Coast Restoration Trust Fund (Trust Fund), consisting of 80 percent of an amount equal to any administra- tive and civil penalties paid after the date of the RESTORE Act by the responsible parties in connection with the Deepwater Horizon Oil Spill to the United States pursuant to a court order, negotiated settlement, or other instrument in accordance with section 311 of the FWPCA (33 U.S.C. 1321). (b) Gulf Coast Ecosystem Restoration Council. The RESTORE Act estab- lished the Gulf Restoration Council, an independent entity charged with developing a comprehensive plan for ecosystem restoration in the Gulf Coast (Comprehensive Plan), as well as any future revisions to the Comprehensive Plan. Among its other duties, the Gulf Restoration Council is tasked with identifying projects and programs aimed at restoring and protecting the natural resources and ecosystems of the Gulf Coast region, to be funded from a portion of the Trust Fund; establishing such other advisory committees as may be necessary to assist the Gulf Restoration Council, including a scientific advisory committee and a committee to advise the Gulf Restoration Council on public policy issues; gathering information relevant to Gulf Coast restoration, including through research, modeling, and monitoring; and pro- viding an annual report to the Congress on implementation progress. Con- sistent with the RESTORE Act, the Comprehensive Plan developed by the Gulf Restoration Council will include provisions necessary to fully incor- porate the Strategy, projects, and programs recommended by the Task Force. (c) Federal members of the Gulf Restoration Council and Trustee Council, as well as all Federal entities involved in Gulf Coast restoration, shall work closely with one another to advance their common goals, reduce dupli- cation, and maximize consistency among their efforts. All Federal members are directed to consult with each other and with all non-federal members in carrying out their duties on the Gulf Restoration Council. Sec. 4. Ongoing Role of the Natural Resource Damage Assessment Trustee Council. (a) Executive Order 13554 recognized the role of the Trustee Council, and designated trustees as provided in 33 U.S.C. 2706, with trusteeship over natural resources injured, lost, or destroyed as a result of the Deepwater Horizon Oil Spill. Specifically, Executive Order 13554 recognized the impor- tance of carefully coordinating the work of the Task Force with the Trustee Council, whose members have statutory responsibility to assess natural re- sources damages from the Deepwater Horizon Oil Spill, to restore trust resources, and seek compensation for lost use of those trust resources. Section 3(b) of Executive Order 13554 instructed the Task Force to ‘‘support the Natural Resource Damage Assessment process by referring potential eco- system restoration actions to the * * * Trustee Council for consideration and facilitating coordination among the relevant departments, agencies, and offices, as appropriate, subject to the independent statutory responsibilities of the trustees.’’ The Department of Commerce (through the National Oceanic and Atmospheric Administration), the Department of the Interior (through the Fish and Wildlife Service and the National Park Service), and the Depart- ment of Justice have worked to identify linkages and opportunities for the Task Force to complement the restoration progress of the Trustee Council. (b) Section 7(e) of Executive Order 13554 provides that nothing in that order shall interfere with the statutory responsibilities and authority of the Trustee Council or the individual trustees to carry out their statutory respon- sibilities to assess natural resource damages and implement restoration ac- tions under 33 U.S.C. 2706 and other applicable law. Agencies that were members of the Task Force shall continue to comply with these requirements. VerDate Mar<15>2010 19:39 Sep 12, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\13SEE0.SGM 13SEE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 56751 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Presidential Documents Sec. 5. Designating Trustees for Natural Resource Damage Assessment. Given their authorities, programs, and expertise, the Environmental Protection Agency (EPA) and the Department of Agriculture (USDA) have institutional capacities that can contribute significantly to the Natural Resource Damage Assessment and restoration efforts, including scientific and policy expertise as well as experience gained in the Task Force process and other planning efforts in the Gulf area. In addition, EPA’s and USDA’s relevant authorities cover a range of natural resources and their supporting ecosystems, including waters, sediments, barrier islands, wetlands, soils, land management, air resources, and drinking water supplies. The inclusion of EPA and USDA as trustees participating in the Natural Resource Damage Assessment and restoration efforts will maximize coordination across the Federal Government and enhance overall efficiencies regarding Gulf Coast ecosystem restoration. Accordingly, without limiting the designations in Executive Order 12777 of October 18, 1991, or any other existing designations, and pursuant to section 2706(b)(2) of title 33, United States Code, I hereby designate the Administrator of EPA and the Secretary of Agriculture as additional trustees for Natural Resource Damage Assessment and restoration solely in connection with injury to, destruction of, loss of, or loss of use of natural resources, including their supporting ecosystems, resulting from the Deepwater Horizon Oil Spill. The addition of these Federal trustees does not, in and of itself, alter any existing agreements among or between the trustees and any other entity. All Federal trustees are directed to consult, coordinate, and cooperate with each other in carrying out all of their trustee duties and responsibilities. The Administrator of EPA is hereby directed to revise Subpart G of the National Oil and Hazardous Substances Pollution Contingency Plan to reflect the designations for the Deepwater Horizon Oil Spill discussed in this section. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to a department or agency, or the head thereof; or (ii) the functions of the Trustee Council, or those 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. VerDate Mar<15>2010 19:39 Sep 12, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\13SEE0.SGM 13SEE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 56752 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Presidential Documents (d) Executive Order 13554 of October 5, 2010, is hereby revoked concurrent with the termination of the Task Force under the terms described in section 2 of this order. THE WHITE HOUSE, Washington, September 10, 2012. [FR Doc. 2012–22807 Filed 9–12–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 19:39 Sep 12, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\13SEE0.SGM 13SEE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Gulf Coast Ecosystem Restoration

2012-09-10T00:00:00

cf453c33d212e62459e75c36c367e4f3e52aa8578119fb9f548a522b0df3c8eb

Presidential Executive Order

2012-22030 (13624)

Presidential Documents 54779 Federal Register Vol. 77, No. 172 Wednesday, September 5, 2012 Title 3— The President Executive Order 13624 of August 30, 2012 Accelerating Investment in Industrial Energy Efficiency 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 American manufacturing by helping to facilitate investments in energy efficiency at industrial facilities, it is hereby ordered as follows: Section 1. Policy. The industrial sector accounts for over 30 percent of all energy consumed in the United States, and, for many manufacturers, energy costs affect overall competitiveness. While our manufacturing facilities have made progress in becoming more energy efficient over the past several decades, there is an opportunity to accelerate and expand these efforts with investments to reduce energy use through more efficient manufacturing processes and facilities and the expanded use of combined heat and power (CHP). Instead of burning fuel in an on-site boiler to produce thermal energy and also purchasing electricity from the grid, a manufacturing facility can use a CHP system to provide both types of energy in one energy-efficient step. Accelerating these investments in our Nation’s factories can improve the competitiveness of United States manufacturing, lower energy costs, free up future capital for businesses to invest, reduce air pollution, and create jobs. Despite these benefits, independent studies have pointed to under-investment in industrial energy efficiency and CHP as a result of numerous barriers. The Federal Government has limited but important authorities to overcome these barriers, and our efforts to support investment in industrial energy efficiency and CHP should involve coordinated engagement with a broad set of stakeholders, including States, manufacturers, utilities, and others. By working with all stakeholders to address these barriers, we have an opportunity to save industrial users tens of billions of dollars in energy costs over the next decade. There is no one-size-fits-all solution for our manufacturers, so it is imperative that we support these investments through a variety of approaches, including encouraging private sector investment by setting goals and highlighting the benefits of investment, improving coordination at the Federal level, partnering with and supporting States, and identifying investment models beneficial to the multiple stakeholders involved. To formalize and support the close interagency coordination that is required to accelerate greater investment in industrial energy efficiency and CHP, this order directs certain executive departments and agencies to convene national and regional stakeholders to identify, develop, and encourage the adoption of investment models and State best practice policies for industrial energy efficiency and CHP; provide technical assistance to States and manu- facturers to encourage investment in industrial energy efficiency and CHP; provide public information on the benefits of investment in industrial energy efficiency and CHP; and use existing Federal authorities, programs, and policies to support investment in industrial energy efficiency and CHP. Sec. 2. Encouraging Investment in Industrial Efficiency. The Departments of Energy, Commerce, and Agriculture, and the Environmental Protection Agency, in coordination with the National Economic Council, the Domestic Policy Council, the Council on Environmental Quality, and the Office of Science and Technology Policy, shall coordinate policies to encourage invest- ment in industrial efficiency in order to reduce costs for industrial users, VerDate Mar<15>2010 19:46 Sep 04, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\05SEE0.SGM 05SEE0 sroberts on DSK5SPTVN1PROD with RULES 54780 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Presidential Documents improve U.S. competitiveness, create jobs, and reduce harmful air pollution. In doing so, they shall engage States, industrial companies, utility companies, and other stakeholders to accelerate this investment. Specifically, these agen- cies shall, as appropriate and consistent with applicable law: (a) coordinate and strongly encourage efforts to achieve a national goal of deploying 40 gigawatts of new, cost-effective industrial CHP in the United States by the end of 2020; (b) convene stakeholders, through a series of public workshops, to develop and encourage the use of best practice State policies and investment models that address the multiple barriers to investment in industrial energy efficiency and CHP; (c) utilize their respective relevant authorities and resources to encourage investment in industrial energy efficiency and CHP, such as by: (i) providing assistance to States on accounting for the potential emission reduction benefits of CHP and other energy efficiency policies when devel- oping State Implementation Plans (SIPs) to achieve national ambient air quality standards; (ii) providing incentives for the deployment of CHP and other types of clean energy, such as set-asides under emissions allowance trading program state implementation plans, grants, and loans; (iii) employing output-based approaches as compliance options in power and industrial sector regulations, as appropriate, to recognize the emissions benefits of highly efficient energy generation technologies like CHP; and (iv) seeking to expand participation in and create additional tools to support the Better Buildings, Better Plants program at the Department of Energy, which is working with companies to help them achieve a goal of reducing energy intensity by 25 percent over 10 years, as well as utilizing existing partnership programs to support energy efficiency and CHP; (d) support and encourage efforts to accelerate investment in industrial energy efficiency and CHP by: (i) providing general guidance, technical analysis and information, and financial analysis on the value of investment in industrial energy efficiency and CHP to States, utilities, and owners and operators of industrial facili- ties; (ii) improving the usefulness of Federal data collection and analysis; and (iii) assisting States in developing and implementing State-specific best practice policies that can accelerate investment in industrial energy effi- ciency and CHP. In implementing this section, these agencies should consult with the Federal Energy Regulatory Commission, as appropriate. 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. VerDate Mar<15>2010 19:46 Sep 04, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\05SEE0.SGM 05SEE0 sroberts on DSK5SPTVN1PROD with RULES 54781 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Presidential Documents (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, August 30, 2012. [FR Doc. 2012–22030 Filed 9–4–12; 2:00 pm] Billing code 3295–F2–P VerDate Mar<15>2010 19:46 Sep 04, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\05SEE0.SGM 05SEE0 OB#1.EPS</GPH> sroberts on DSK5SPTVN1PROD with RULES

Accelerating Investment in Industrial Energy Efficiency

2012-08-30T00:00:00

e48fbd5963536e375515c7d284a0c3825e1a093dbff6dbd88f2722766f7b205b

Presidential Executive Order

2012-18237 (13620)

Presidential Documents 43483 Federal Register Vol. 77, No. 142 Tuesday, July 24, 2012 Title 3— The President Executive Order 13620 of July 20, 2012 Taking Additional Steps to Address the National Emergency With Respect to Somalia 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 5 of the United Nations Participation Act (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, in order to take additional steps to deal with the national emergency with respect to the situation in Somalia declared in Executive Order 13536 of April 12, 2010, in view of United Nations Security Council Resolution 2036 of February 22, 2012, and Resolution 2002 of July 29, 2011, and to address: exports of charcoal from Somalia, which generate significant revenue for al-Shabaab; the misappropriation of Somali public assets; and certain acts of violence committed against civilians in Somalia, all of which contribute to the deterioration of the security situation and the persistence of violence in Somalia, hereby order: Section 1. Section 1(a) of Executive Order 13536 is hereby amended to read as follows: ‘‘(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, including any foreign branch, 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; and (ii) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: (A) to have engaged in acts that directly or indirectly threaten the peace, security, or stability of Somalia, including but not limited to: (1) acts that threaten the Djibouti Agreement of August 18, 2008, or the political process; (2) acts that threaten the Transitional Federal Institutions or future Somali governing institutions, the African Union Mission in Somalia (AMISOM), or other future international peacekeeping operations related to Somalia; or (3) acts to misappropriate Somali public assets; (B) to have obstructed the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia; (C) to have directly or indirectly supplied, sold, or transferred to Somalia, or to have been the recipient in the territory of Somalia of, arms or any related materiel, or any technical advice, training or assistance, including financing and financial assistance, related to military activities; (D) to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have participated in, the commission of acts of violence targeting civilians in Somalia, including killing and VerDate Mar<15>2010 21:21 Jul 23, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\24JYE0.SGM 24JYE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 43484 Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Presidential Documents maiming, sexual and gender-based violence, attacks on schools and hospitals, taking hostages, and forced displacement; (E) to be a political or military leader recruiting or using children in armed conflict in Somalia; (F) to have engaged, directly or indirectly, in the import or export of charcoal from Somalia on or after February 22, 2012; (G) to have materially assisted, sponsored, or provided financial, material, logistical or technical support for, or goods or services in support of, the activities described in subsections (a)(ii)(A) through (F) of this section or any person whose property and interests in property are blocked pursuant to this order; or (H) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order.’’ Sec. 2. (a) The importation into the United States, directly or indirectly, of charcoal from Somalia is prohibited. (b) The prohibition in subsection (a) of this section applies 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. Sec. 3. (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. 4. 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 ‘‘charcoal’’ means any product classifiable in heading 3802 or 4402 of the Harmonized Tariff Schedule of the United States. Sec. 5. 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 the UNPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government 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. 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. VerDate Mar<15>2010 21:21 Jul 23, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\24JYE0.SGM 24JYE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 43485 Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Presidential Documents Sec. 7. This order is effective at 2:00 p.m. eastern daylight time on July 20, 2012. THE WHITE HOUSE, July 20, 2012. [FR Doc. 2012–18237 Filed 7–23–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 21:21 Jul 23, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\24JYE0.SGM 24JYE0 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with MISCELLANEOUS

Taking Additional Steps to Address the National Emergency With Respect to Somalia

2012-07-20T00:00:00

cb976a6e11b0046809922b195ef74ad22012d13d952613103f0c80b999ea94af

Presidential Executive Order

2012-20259 (13623)

Presidential Documents 49345 Federal Register Vol. 77, No. 159 Thursday, August 16, 2012 Title 3— The President Executive Order 13623 of August 10, 2012 Preventing and Responding to Violence Against Women and Girls Globally 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) Recognizing that gender-based violence undermines not only the safety, dignity, and human rights of the millions of individuals who experience it, but also the public health, economic stability, and security of nations, it is the policy and practice of the executive branch of the United States Government to have a multi-year strategy that will more effec- tively prevent and respond to gender-based violence globally. (b) Under the leadership of my Administration, the United States has made gender equality and women’s empowerment a core focus of our foreign policy. This focus is reflected in our National Security Strategy, the Presi- dential Policy Directive on Global Development, and the 2010 U.S. Quadren- nial Diplomacy and Development Review. Evidence demonstrates that wom- en’s empowerment is critical to building stable, democratic societies; to supporting open and accountable governance; to furthering international peace and security; to growing vibrant market economies; and to addressing pressing health and education challenges. (c) Preventing and responding to gender-based violence is a cornerstone of my Administration’s commitment to advance gender equality and women’s empowerment. Such violence significantly hinders the ability of individuals to fully participate in, and contribute to, their communities—economically, politically, and socially. It is a human rights violation or abuse; a public health challenge; and a barrier to civic, social, political, and economic participation. It is associated with adverse health outcomes, limited access to education, increased costs relating to medical and legal services, lost household productivity, and reduced income, and there is evidence it is exacerbated in times of crisis, such as emergencies, natural disasters, and violent conflicts. (d) The executive branch multi-year strategy for preventing and responding to gender-based violence is set forth in the United States Strategy to Prevent and Respond to Gender-based Violence Globally (Strategy). The Strategy both responds to and expands upon the request in section 7061 of House conference report 112–331 accompanying the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (Division I of Public Law 112–74), for the executive branch to develop a multi-year strategy to prevent and respond to violence against women and girls in countries where it is common. Sec. 2. Creating an Interagency Working Group. There is established an Interagency Working Group (Working Group) to address gender-based vio- lence, which shall coordinate implementation of the Strategy by the executive departments and agencies that are members of the Working Group (member agencies) in accordance with the priorities set forth in section 3 of this order. (a) The Working Group shall be co-chaired by the Secretary of State and the Administrator of the United States Agency for International Develop- ment (Co-Chairs). In addition to the Co-Chairs, the Working Group shall consist of representatives from: (i) the Department of the Treasury; VerDate Mar<15>2010 08:33 Aug 15, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\16AUE0.SGM 16AUE0 wreier-aviles on DSK7SPTVN1PROD with PRESDOC1 49346 Federal Register / Vol. 77, No. 159 / Thursday, August 16, 2012 / Presidential Documents (ii) the Department of Defense; (iii) the Department of Justice; (iv) the Department of Labor; (v) the Department of Health and Human Services; (vi) the Department of Homeland Security; (vii) the Office of Management and Budget; (viii) the National Security Staff; (ix) the Office of the Vice President; (x) the Peace Corps; (xi) the Millennium Challenge Corporation; (xii) the White House Council on Women and Girls; and (xiii) other executive departments, agencies, and offices, as designated by the Co-Chairs. (b) Within 120 days of the date of this order, the Co-Chairs shall convene the first meeting of the Working Group to: (i) establish benchmarks to implement the Strategy; and (ii) determine a timetable for periodically reviewing those benchmarks. (c) Within 18 months of the date of this order, the Working Group shall complete a progress report for submission to the Co-Chairs evaluating the U.S. Government’s implementation of the Strategy. (d) Within 3 years of the date of this order, the Working Group shall complete a final evaluation for submission to the Co-Chairs of the U.S. Government’s implementation of the Strategy. (e) Within 180 days of completing its final evaluation of the Strategy in accordance with subsection (d) of this section, the Working Group shall update or revise the Strategy to take into account the information learned and the progress made during and through the implementation of the Strat- egy. (f) The activities of the Working Group shall, consistent with law, take due account of existing interagency bodies and coordination mechanisms and will coordinate with such bodies and mechanisms where appropriate in order to avoid duplication of efforts. Sec. 3. Strategy to Prevent and Respond to Gender-based Violence Globally. Member agencies shall implement the Strategy to prevent and respond to gender-based violence globally based on the following priorities reflected in the Strategy: (a) Increasing Coordination of Gender-based Violence Prevention and Re- sponse Efforts Among U.S. Government Agencies and with Other Stake- holders. (i) Member agencies shall draw upon each other’s expertise, responsi- bility, and capacity to provide a comprehensive and multi-faceted ap- proach to issues relating to gender-based violence. (ii) Member agencies shall deepen engagement and coordination with other governments; international organizations, including multilateral and bilateral actors; the private sector; and civil society organizations, such as representatives of indigenous and marginalized groups, foun- dations, community-based, faith-based, and regional organizations (in- cluding those that serve survivors), labor unions, universities, and re- search organizations. The Working Group shall consider a range of mechanisms by which these stakeholders may provide input to the U.S. Government on its role in preventing and responding to gender- based violence globally. (b) Enhancing Integration of Gender-based Violence Prevention and Re- sponse Efforts into Existing U.S. Government Work. Member agencies shall more comprehensively integrate gender-based violence prevention and re- sponse programming into their foreign policy and foreign assistance efforts. This integration shall also build on current efforts that address gender- based violence, such as the U.S. National Action Plan on Women, Peace, and Security; the Global Health Initiative; the President’s Emergency Plan for AIDS Relief; the U.S. Government’s work to counter trafficking in persons; VerDate Mar<15>2010 08:33 Aug 15, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\16AUE0.SGM 16AUE0 wreier-aviles on DSK7SPTVN1PROD with PRESDOC1 49347 Federal Register / Vol. 77, No. 159 / Thursday, August 16, 2012 / Presidential Documents and the U.S. Government’s humanitarian response efforts. The Working Group shall coordinate these different efforts as they relate to gender-based violence to leverage the most effective programs and to avoid duplication. (c) Improving Collection, Analysis, and Use of Data and Research to Enhance Gender-based Violence Prevention and Response Efforts. Member agencies shall work to promote ethical and safe research, data collection, and evidence-based analyses relating to different forms of gender-based vio- lence and prevention and response efforts at the country and local level. This work will include the development of a research agenda that assesses agencies’ research and data collection capabilities, needs, and gaps; builds upon existing data and research; and is coordinated with the work of other organizations that are prioritizing global gender-based violence research. Member agencies shall prioritize the monitoring and evaluation of gender- based violence prevention and response interventions to determine their effectiveness. Member agencies shall systematically identify and share best practices, lessons learned, and research within and across agencies. Member agencies, as appropriate, shall seek to develop public-private partnerships to support U.S. Government research initiatives and strategic planning efforts. (d) Enhancing or Expanding U.S. Government Programming that Addresses Gender-based Violence. Consistent with the availability of appropriations, the U.S. Government shall support programming that provides a comprehen- sive and multi-sector approach to preventing and responding to gender- based violence; shall consider replicating or expanding successful programs; and shall assess the feasibility of a focused, coordinated, comprehensive, and multi-sector approach to gender-based violence in one or more countries. 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, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) Independent agencies are strongly encouraged to comply with this order. VerDate Mar<15>2010 08:33 Aug 15, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\16AUE0.SGM 16AUE0 wreier-aviles on DSK7SPTVN1PROD with PRESDOC1 49348 Federal Register / Vol. 77, No. 159 / Thursday, August 16, 2012 / Presidential Documents (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, Washington, August 10, 2012. [FR Doc. 2012–20259 Filed 8–15–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 08:33 Aug 15, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\16AUE0.SGM 16AUE0 OB#1.EPS</GPH> wreier-aviles on DSK7SPTVN1PROD with PRESDOC1

Preventing and Responding to Violence Against Women and Girls Globally

2012-08-10T00:00:00

cc9b1661153d2a7d3b4a7330817b41f1562bca05fc6c0f2e709e77f95501f311

Presidential Executive Order

2012-18868 (13621)

Presidential Documents 45471 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Presidential Documents Executive Order 13621 of July 26, 2012 White House Initiative on Educational Excellence for African Americans By the authority vested in me as President by the Constitution and the laws of the United States of America, to restore the country to its role as the global leader in education, to strengthen the Nation by improving educational outcomes for African Americans of all ages, and to help ensure that all African Americans receive an education that properly prepares them for college, productive careers, and satisfying lives, it is hereby ordered as follows: Section 1. Policy. Over the course of America’s history, African American men and women have strengthened our Nation, including by leading reforms, overcoming obstacles, and breaking down barriers. In the less than 60 years since the Brown v. Board of Education decision put America on a path toward equal educational opportunity, America’s educational system has undergone a remarkable transformation, and many African American children who attended the substandard segregated schools of the 1950s have grown up to see their children attend integrated elementary and secondary schools, colleges, and universities. However, substantial obstacles to equal educational opportunity still remain in America’s educational system. African Americans lack equal access to highly effective teachers and principals, safe schools, and challenging college- preparatory classes, and they disproportionately experience school discipline and referrals to special education. African American student achievement not only lags behind that of their domestic peers by an average of two grade levels, but also behind students in almost every other developed nation. Over a third of African American students do not graduate from high school on time with a regular high school diploma, and only four percent of African American high school graduates interested in college are college-ready across a range of subjects. An even greater number of African American males do not graduate with a regular high school diploma, and African American males also experience disparate rates of incarceration. Significantly improving the educational outcomes of African Americans will provide substantial benefits for our country by, among other things, increasing college completion rates, productivity, employment rates, and the number of African American teachers. Enhanced educational outcomes lead to more productive careers, improved economic opportunity, and greater social well- being for all Americans. Complementing the role of Historically Black Col- leges and Universities (HBCUs) in preparing generations of African American students for successful careers, and the work of my Administration’s separate White House Initiative on Historically Black Colleges and Universities, this new Initiative’s focus on improving all the sequential levels of education will produce a more effective educational continuum for all African American students. To reach the ambitious education goals we have set for our Nation, as well as to ensure equality of access and opportunity for all, we must provide the support that will enable African American students to improve their level of educational achievement through rigorous and well-rounded aca- demic and support services that will prepare them for college, a career, and a lifetime of learning. VerDate Mar<15>2010 17:06 Jul 31, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\01AUE0.SGM 01AUE0 sroberts on DSK5SPTVN1PROD with RULES 45472 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Presidential Documents Sec. 2. White House Initiative on Educational Excellence for African Ameri- cans. (a) Establishment. There is hereby established the White House Initia- tive on Educational Excellence for African Americans (Initiative), to be housed in the Department of Education (Department). There shall be an Executive Director of the Initiative, to be appointed by the Secretary of Education (Secretary). The Initiative shall be supported by the Interagency Working Group established under subsection (c) of this section and advised by the Commission established under section 3 of this order. (b) Mission and Functions. (1) The Initiative will help to restore the United States to its role as the global leader in education; strengthen the Nation by improving edu- cational outcomes for African Americans of all ages; and help ensure that African Americans receive a complete and competitive education that prepares them for college, a satisfying career, and productive citizen- ship. (2) The Initiative will complement and reinforce the Historically Black Colleges and Universities Initiative established by Executive Order 13532 of February 26, 2010, and together, they both will support enhanced educational outcomes for African Americans at every level of the American education system, including early childhood education; elementary, sec- ondary, and postsecondary education; career and technical education; and adult education. (3) To help expand educational opportunities, improve educational out- comes, and deliver a complete and competitive education for all African Americans, the Initiative shall, consistent with applicable law, promote, encourage, and undertake efforts designed to meet the following objectives: (i) increasing general understanding of the causes of the educational challenges faced by African American students, whether they are in urban, suburban, or rural learning environments; (ii) increasing the percentage of African American children who enter kindergarten ready for success by improving their access to high-qual- ity programs and services that enable early learning and development of children from birth through age 5; (iii) decreasing the disproportionate number of referrals of African American children from general education to special education by ad- dressing the root causes of the referrals and eradicating discriminatory referrals; (iv) implementing successful and innovative education reform strate- gies and practices in America’s public schools to ensure that African American students receive a rigorous and well-rounded education in safe and healthy environments, and have access to high-level, rigorous course work and support services that will prepare them for college, a career, and civic participation; (v) ensuring that all African American students have comparable ac- cess to the resources necessary to obtain a high-quality education, in- cluding effective teachers and school leaders, in part by supporting efforts to improve the recruitment, preparation, development, and re- tention of successful African American teachers and school leaders and other effective teachers and school leaders responsible for the education of African American students; (vi) reducing the dropout rate of African American students and help- ing African American students graduate from high school prepared for college and a career, in part by promoting a positive school climate that does not rely on methods that result in disparate use of discipli- nary tools, and by supporting successful and innovative dropout pre- vention and recovery strategies that better engage African American youths in their learning, help them catch up academically, and pro- vide those who have left the educational system with pathways to reentry; (vii) increasing college access and success for African American stu- dents and providing support to help ensure that a greater percentage VerDate Mar<15>2010 17:06 Jul 31, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\01AUE0.SGM 01AUE0 sroberts on DSK5SPTVN1PROD with RULES 45473 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Presidential Documents of African Americans complete college and contribute to the goal of having America again lead the world in the proportion of adults who are college graduates by 2020, in part through strategies to strengthen the capacity of institutions of higher education that serve large num- bers of African American students, including community colleges, HBCUs, Predominantly Black Institutions (PBIs), and other institu- tions; and (viii) enhancing the educational and life opportunities of African Americans by fostering positive family and community engagement in education; reducing racial isolation and resegregation of elementary and secondary schools to promote understanding and tolerance among all Americans; improving the quality of, and expanding access to, adult education, literacy, and career and technical education; and in- creasing opportunities for education and career advancement in the fields of science, technology, engineering, and mathematics. (4) In working to fulfill its mission and objectives, the Initiative shall, consistent with applicable law: (i) identify evidence-based best practices that can provide African American students a rigorous and well-rounded education in safe and healthy environments, as well as access to support services, which will prepare them for college, a career, and civic participation; (ii) develop a national network of individuals, organizations, and com- munities to share and implement best practices related to the edu- cation of African Americans, including those identified as most at risk; (iii) help ensure that Federal programs and initiatives administered by the Department and other agencies are serving and meeting the edu- cational needs of African Americans, including by encouraging agen- cies to incorporate best practices into appropriate discretionary pro- grams where permitted by law; (iv) work closely with the Executive Office of the President on key Administration priorities related to the education of African Ameri- cans; (v) increase the participation of the African American community, in- cluding institutions that serve that community, in the Department’s programs and in education-related programs at other agencies; (vi) advise the officials of the Department and other agencies on issues related to the educational attainment of African Americans; (vii) advise the Secretary on the development, implementation, and coordination of educational programs and initiatives at the Department and other agencies that are designed to improve educational opportu- nities and outcomes for African Americans of all ages; and (viii) encourage and develop partnerships with public, private, philan- thropic, and nonprofit stakeholders to improve African Americans’ readiness for school, college, and career, as well as their college per- sistence and completion. (5) The Initiative shall periodically publish reports on its activities. The Secretary and the Executive Director of the Initiative, in consultation with the Working Group and the Chair of the Commission established under subsection (c) of this section and section 3 of this order, respectively, may develop and submit to the President recommendations designed to advance and promote educational opportunities and attainment for African Americans. (c) Interagency Working Group. (1) There is established the Federal Interagency Working Group on Edu- cational Excellence for African Americans (Working Group), which shall be convened and chaired by the Initiative’s Executive Director and that shall support the efforts of the Initiative described in subsection (b) of this section. (2) The Working Group shall consist of senior officials from the Department, the White House Domestic Policy Council, the Department of Justice, VerDate Mar<15>2010 17:06 Jul 31, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\01AUE0.SGM 01AUE0 sroberts on DSK5SPTVN1PROD with RULES 45474 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Presidential Documents the Department of Labor, the Department of Health and Human Services, the National Science Foundation, the Department of Defense, and such additional agencies and offices as the President may subsequently des- ignate. Senior officials shall be designated by the heads of their respective agencies and offices. (3) The Initiative’s Executive Director may establish subgroups of the Working Group to focus on different aspects of the educational system (such as early childhood education, K–12 education, higher education (including HBCUs and PBIs), career and technical education, adult edu- cation, or correctional education and reengagement) or educational chal- lenges facing particular populations of African Americans (such as young men, disconnected or out-of-school youth, individuals with disabilities, children identified as gifted and talented, single-parent households, or adults already in the workforce). (d) Administration. The Department shall provide funding and administra- tive support for the Initiative and the Working Group, to the extent permitted by law and within existing appropriations. To the extent permitted by law, other agencies and offices represented on the Working Group may detail personnel to the Initiative, to assist the Department in meeting the objectives of this order. (e) Collaboration Among White House Initiatives. The Initiative may col- laborate with the White House Initiatives on American Indian and Alaska Native Education, Educational Excellence for Hispanics, Asian-American and Pacific Islanders, and (consistent with section 3(c) of this order) Historically Black Colleges and Universities, whenever appropriate in light of their shared objectives. Sec. 3. President’s Advisory Commission on Educational Excellence for African Americans. (a) Establishment. There is established in the Department the President’s Advisory Commission on Educational Excellence for African Americans (Commission). (b) Commission Mission and Scope. The Commission shall advise the President and the Secretary on matters pertaining to the educational attain- ment of the African American community, including: (1) the development, implementation, and coordination of educational programs and initiatives at the Department and other agencies to improve educational opportunities and outcomes for African Americans of all ages; (2) efforts to increase the participation of the African American community and institutions that serve the African American community in the Depart- ment’s programs and in education programs at other agencies; (3) efforts to engage the philanthropic, business, nonprofit, and education communities in a national dialogue on the mission and objectives of this order; and (4) the establishment of partnerships with public, private, philanthropic, and nonprofit stakeholders to meet the mission and policy objectives of this order. The Commission shall meet periodically, but at least twice a year. (c) Commission Membership and Chair. (1) The Commission shall consist of not more than 25 members appointed by the President. The President shall designate one member of the Commis- sion to serve as Chair. The Executive Director of the Initiative shall also serve as the Executive Director of the Commission and administer the work of the Commission. The Chair of the Commission shall work with the Executive Director to convene regular meetings of the Commission, determine its agenda, and direct its work, consistent with this order. (2) The Commission may include individuals with relevant experience or subject-matter expertise that the President deems appropriate, as well as individuals who may serve as representatives of a variety of sectors, including the education sector (early childhood education, elementary VerDate Mar<15>2010 17:06 Jul 31, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\01AUE0.SGM 01AUE0 sroberts on DSK5SPTVN1PROD with RULES 45475 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Presidential Documents and secondary education, higher education (including HBCUs and PBIs), career and technical education, and adult education), labor organizations, research institutions, the military, corporate and financial institutions, public and private philanthropic organizations, and nonprofit and commu- nity-based organizations at the national, State, regional, or local levels. (3) In addition to the 25 members appointed by the President, the Commis- sion shall also include two members from the President’s Board of Advisors on Historically Black Colleges and Universities (Board), designated by the President. In turn, the Board will henceforth include two members from the Commission, designated by the President. This reciprocal arrange- ment will foster direct communication and vital consultations that will benefit both bodies. (4) The Executive Director of the Commission and the Executive Director of the Board shall convene at least one annual joint meeting between the Commission and the Board for the purpose of sharing information and forging collaborative courses of action designed to fulfill their respec- tive missions. Such meetings shall be in addition to other prescribed meetings of the Commission or Board. (5) The Executive Director of the Commission shall be a non-voting, ex officio member of the Board and shall be the Commission’s liaison to the Board; and the Executive Director of the Board shall be a non-voting, ex officio member of the Commission and shall be the Board’s liaison to the Commission. (d) Commission Administration. The Department shall provide funding and administrative support for the Commission, to the extent permitted by law and within existing appropriations. Members of the Commission shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (5 U.S.C. 5701–5707). Inso- far as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the ‘‘Act’’), may apply to the administration of the Commission, any func- tions of the President under the Act, except that of reporting to the Congress, shall be performed by the Secretary, in accordance with the guidelines issued by the Administrator of General Services. Sec. 4. General Provisions. (a) The heads of agencies shall assist and provide information to the Initiative as may be necessary to carry out the functions of the Initiative, consistent with applicable law. (b) 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. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Mar<15>2010 17:06 Jul 31, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\01AUE0.SGM 01AUE0 sroberts on DSK5SPTVN1PROD with RULES 45476 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Presidential Documents (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, Washington, July 26, 2012. [FR Doc. 2012–18868 Filed 7–31–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 17:06 Jul 31, 2012 Jkt 226001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\01AUE0.SGM 01AUE0 OB#1.EPS</GPH> sroberts on DSK5SPTVN1PROD with RULES

White House Initiative on Educational Excellence for African Americans

2012-07-26T00:00:00

b6613891193586bd03842b84d5d95f5b8f5b302f861fda7ce395720dd4b1212d

Presidential Executive Order

2012-17264 (13619)

Presidential Documents 41243 Federal Register Vol. 77, No. 135 Friday, July 13, 2012 Title 3— The President Executive Order 13619 of July 11, 2012 Blocking Property of Persons Threatening the Peace, Security, or Stability of Burma By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), section 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, hereby modify the scope of the national emergency declared in Executive Order 13047 of May 20, 1997, as modified in scope in Executive Order 13448 of October 18, 2007, and relied upon for additional steps taken in Executive Order 13310 of July 28, 2003, Executive Order 13448 of October 18, 2007, and Executive Order 13464 of April 30, 2008. The Government of Burma has made progress towards political reform in a number of areas, including by releasing hundreds of political prisoners, pursuing ceasefire talks with several armed ethnic groups, and pursuing a substantive dialogue with the democratic opposition. Recognizing that such reform is fragile, I hereby find that the continued detention of political prisoners, efforts to undermine or obstruct the political reform process, efforts to undermine or obstruct the peace process with ethnic minorities, military trade with North Korea, and human rights abuses in Burma particularly in ethnic areas, effectuated by persons within or outside the Government of Burma, constitute an unusual and extraordinary threat to the national security and foreign policy of the United States. Accordingly, I hereby order: Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, including any foreign branch, 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 or at the recommendation of the Secretary of State: (i) to have engaged in acts that directly or indirectly threaten the peace, security, or stability of Burma, such as actions that have the purpose or effect of undermining or obstructing the political reform process or the peace process with ethnic minorities in Burma; (ii) to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have participated in, the commis- sion of human rights abuses in Burma; (iii) to have, directly or indirectly, imported, exported, reexported, sold or supplied arms or related materiel from North Korea or the Government of North Korea to Burma or the Government of Burma; (iv) to be a senior official of an entity that has engaged in the acts described in subsection (a)(i)–(iii) of this section; (v) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the acts described in subsection (a)(i)–(iii) of this section or any person whose property and interests in property are blocked pursuant to this order; or VerDate Mar<15>2010 12:46 Jul 12, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\13JYE0.SGM 13JYE0 pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS 41244 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Presidential Documents (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 prior to the effective date of this order. Sec. 2. I hereby amend: (a) Executive Order 13464 of April 30, 2008, by removing ‘‘logistical, or technical’’ in section 1(b)(ii) and replacing it with ‘‘or technological’’; and (b) Executive Order 13448 of October 18, 2007, by removing ‘‘logistical, or technical’’ in section 1(b)(iv) and replacing it with ‘‘or technological.’’ 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 13047, as modified in scope in Executive Order 13448 and 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 but are not limited to: (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. I hereby find that 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 I hereby suspend entry into the United States, as immigrants or nonimmigrants, of such persons. Such per- sons 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. Nothing in section 1 of this order, section 1 of Executive Order 13464 of April 30, 2008, section 1 of Executive Order 13448 of October 18, 2007, sections 1 through 3 of Executive Order 13310 of July 28, 2003, or sections 1 and 2 of Executive Order 13047 shall prohibit transactions for the conduct of the official business of the United States Government by employees, grantees, or contractors thereof, except to the extent that engaging in such transactions would require the issuance of a statutory waiver and such a waiver is not issued. 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; 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. 9. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence VerDate Mar<15>2010 12:46 Jul 12, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\13JYE0.SGM 13JYE0 pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS 41245 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Presidential Documents 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 13047, as modified in scope in Executive Order 13448 and in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. 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 as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government 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. 11. 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, Washington, July 11, 2012. [FR Doc. 2012–17264 Filed 7–12–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 12:46 Jul 12, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\13JYE0.SGM 13JYE0 OB#1.EPS</GPH> pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS

Blocking Property of Persons Threatening the Peace, Security, or Stability of Burma

2012-07-11T00:00:00

e12d8cd7a0b73d605a966e5a3b1d2fcf18597e8d2a601296b8fc034f194dd9b7

Presidential Executive Order

2012-22062 (13625)

Presidential Documents 54783 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Presidential Documents Executive Order 13625 of August 31, 2012 Improving Access to Mental Health Services for Veterans, Service Members, and Military Families By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order as follows: Section 1. Policy. Since September 11, 2001, more than two million service members have deployed to Iraq or Afghanistan. Long deployments and in- tense combat conditions require optimal support for the emotional and mental health needs of our service members and their families. The need for mental health services will only increase in the coming years as the Nation deals with the effects of more than a decade of conflict. Reiterating and expanding upon the commitment outlined in my Administration’s 2011 report, entitled ‘‘Strengthening Our Military Families,’’ we have an obligation to evaluate our progress and continue to build an integrated network of support capable of providing effective mental health services for veterans, service members, and their families. Our public health approach must encompass the practices of disease prevention and the promotion of good health for all military populations throughout their lifespans, both within the health care systems of the Departments of Defense and Veterans Affairs and in local communities. Our efforts also must focus on both outreach to veterans and their families and the provision of high quality mental health treatment to those in need. Coordination between the Departments of Veterans Affairs and Defense dur- ing service members’ transition to civilian life is essential to achieving these goals. Ensuring that all veterans, service members (Active, Guard, and Reserve alike), and their families receive the support they deserve is a top priority for my Administration. As part of our ongoing efforts to improve all facets of military mental health, this order directs the Secretaries of Defense, Health and Human Services, Education, Veterans Affairs, and Homeland Security to expand suicide prevention strategies and take steps to meet the current and future demand for mental health and substance abuse treatment services for veterans, service members, and their families. Sec. 2. Suicide Prevention. (a) By December 31, 2012, the Department of Veterans Affairs, in continued collaboration with the Department of Health and Human Services, shall expand the capacity of the Veterans Crisis Line by 50 percent to ensure that veterans have timely access, including by telephone, text, or online chat, to qualified, caring responders who can help address immediate crises and direct veterans to appropriate care. Fur- ther, the Department of Veterans Affairs shall ensure that any veteran identi- fying him or herself as being in crisis connects with a mental health profes- sional or trained mental health worker within 24 hours. The Department of Veterans Affairs also shall expand the number of mental health profes- sionals who are available to see veterans beyond traditional business hours. (b) The Departments of Veterans Affairs and Defense shall jointly develop and implement a national suicide prevention campaign focused on con- necting veterans and service members to mental health services. This 12- month campaign, which shall begin on September 1, 2012, will focus on the positive benefits of seeking care and encourage veterans and service members to proactively reach out to support services. (c) To provide the best mental health and substance abuse prevention, education, and outreach support to our military and their family members, VerDate Mar<15>2010 19:47 Sep 04, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\05SEE1.SGM 05SEE1 sroberts on DSK5SPTVN1PROD with RULES 54784 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Presidential Documents the Department of Defense shall review all of its existing mental health and substance abuse prevention, education, and outreach programs across the military services and the Defense Health Program to identify the key program areas that produce the greatest impact on quality and outcomes, and rank programs within each of these program areas using metrics that assess their effectiveness. By the end of Fiscal Year 2014, existing program resources shall be realigned to ensure that highly ranked programs are imple- mented across all of the military services and less effective programs are replaced. Sec. 3. Enhanced Partnerships Between the Department of Veterans Affairs and Community Providers. (a) Within 180 days of the date of this order, in those service areas where the Department of Veterans Affairs has faced challenges in hiring and placing mental health service providers and con- tinues to have unfilled vacancies or long wait times, the Departments of Veterans Affairs and Health and Human Services shall establish pilot projects whereby the Department of Veterans Affairs contracts or develops formal arrangements with community-based providers, such as community mental health clinics, community health centers, substance abuse treatment facilities, and rural health clinics, to test the effectiveness of community partnerships in helping to meet the mental health needs of veterans in a timely way. Pilot sites shall ensure that consumers of community-based services continue to be integrated into the health care systems of the Department of Veterans Affairs. No fewer than 15 pilot projects shall be established. (b) The Department of Veterans Affairs shall develop guidance for its medical centers and service networks that supports the use of community mental health services, including telehealth services and substance abuse services, where appropriate, to meet demand and facilitate access to care. This guidance shall include recommendations that medical centers and serv- ice networks use community-based providers to help meet veterans’ mental health needs where objective criteria, which the Department of Veterans Affairs shall define in the form of specific metrics, demonstrate such needs. Such objective criteria should include estimates of wait-times for needed care that exceed established targets. (c) The Departments of Health and Human Services and Veterans Affairs shall develop a plan for a rural mental health recruitment initiative to promote opportunities for the Department of Veterans Affairs and rural communities to share mental health providers when demand is insufficient for either the Department of Veterans Affairs or the communities to independ- ently support a full-time provider. Sec. 4. Expanded Department of Veterans Affairs Mental Health Services Staffing. The Secretary of Veterans Affairs shall, by December 31, 2013, hire and train 800 peer-to-peer counselors to empower veterans to support other veterans and help meet mental health care needs. In addition, the Secretary shall continue to use all appropriate tools, including collaborative arrangements with community-based providers, pay-setting authorities, loan repayment and scholarships, and partnerships with health care workforce training programs to accomplish the Department of Veterans Affairs’ goal of recruiting, hiring, and placing 1,600 mental health professionals by June 30, 2013. The Department of Veterans Affairs also shall evaluate the reporting requirements associated with providing mental health services and reduce paperwork requirements where appropriate. In addition, the Department of Veterans Affairs shall update its management performance evaluation system to link performance to meeting mental health service demand. Sec. 5. Improved Research and Development. (a) The lack of full under- standing of the underlying mechanisms of Post-Traumatic Stress Disorder (PTSD), other mental health conditions, and Traumatic Brain Injury (TBI) has hampered progress in prevention, diagnosis, and treatment. In order to improve the coordination of agency research into these conditions and reduce the number of affected men and women through better prevention, diagnosis, and treatment, the Departments of Defense, Veterans Affairs, Health and Human Services, and Education, in coordination with the Office of VerDate Mar<15>2010 19:47 Sep 04, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\05SEE1.SGM 05SEE1 sroberts on DSK5SPTVN1PROD with RULES 54785 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Presidential Documents Science and Technology Policy, shall establish a National Research Action Plan within 8 months of the date of this order. (b) The National Research Action Plan shall include strategies to establish surrogate and clinically actionable biomarkers for early diagnosis and treat- ment effectiveness; develop improved diagnostic criteria for TBI; enhance our understanding of the mechanisms responsible for PTSD, related injuries, and neurological disorders following TBI; foster development of new treat- ments for these conditions based on a better understanding of the underlying mechanisms; improve data sharing between agencies and academic and in- dustry researchers to accelerate progress and reduce redundant efforts without compromising privacy; and make better use of electronic health records to gain insight into the risk and mitigation of PTSD, TBI, and related injuries. In addition, the National Research Action Plan shall include strategies to support collaborative research to address suicide prevention. (c) The Departments of Defense and Health and Human Services shall engage in a comprehensive longitudinal mental health study with an empha- sis on PTSD, TBI, and related injuries to develop better prevention, diagnosis, and treatment options. Agencies shall continue ongoing collaborative research efforts, with an aim to enroll at least 100,000 service members by December 31, 2012, and include a plan for long-term follow-up with enrollees through a coordinated effort with the Department of Veterans Affairs. Sec. 6. Military and Veterans Mental Health Interagency Task Force. There is established an Interagency Task Force on Military and Veterans Mental Health (Task Force), to be co-chaired by the Secretaries of Defense, Veterans Affairs, and Health and Human Services, or their designated representatives. (a) Membership. In addition to the Co-Chairs, the Task Force shall consist of representatives from: (i) the Department of Education; (ii) the Office of Management and Budget; (iii) the Domestic Policy Council; (iv) the National Security Staff; (v) the Office of Science and Technology Policy; (vi) the Office of National Drug Control Policy; and (vii) such other executive departments, agencies, or offices as the Co- Chairs may designate. A member agency of the Task Force shall designate a full-time officer or employee of the Federal Government to perform the Task Force functions. (b) Mission. Member agencies shall review relevant statutes, policies, and agency training and guidance to identify reforms and take actions that facili- tate implementation of the strategies outlined in this order. Member agencies shall work collaboratively on these strategies and also create an inventory of mental health and substance abuse programs and activities to inform this work. (c) Functions. (i) Not later than 180 days after the date of this order, the Task Force shall submit recommendations to the President on strategies to improve mental health and substance abuse treatment services for veterans, service members, and their families. Every year thereafter, the Task Force shall provide to the President a review of agency actions to enhance mental health and substance abuse treatment services for veterans, service mem- bers, and their families consistent with this order, as well as provide additional recommendations for action as appropriate. The Task Force shall define specific goals and metrics that will aid in measuring progress in improving mental health strategies. The Task Force will include cost analysis in the development of all recommendations, and will ensure any new requirements are supported within existing resources. VerDate Mar<15>2010 19:47 Sep 04, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\05SEE1.SGM 05SEE1 sroberts on DSK5SPTVN1PROD with RULES 54786 Federal Register / Vol. 77, No. 172 / Wednesday, September 5, 2012 / Presidential Documents (ii) In addition to coordinating and reviewing agency efforts to enhance veteran and military mental health services pursuant to this order, the Task Force shall evaluate: (1) agency efforts to improve care quality and ensure that the Depart- ments of Defense and Veterans Affairs and community-based mental health providers are trained in the most current evidence-based meth- odologies for treating PTSD, TBI, depression, related mental health conditions, and substance abuse; (2) agency efforts to improve awareness and reduce stigma for those needing to seek care; and (3) agency research efforts to improve the prevention, diagnosis, and treatment of TBI, PTSD, and related injuries, and explore the need for an external research portfolio review. (iii) In performing its functions, the Task Force shall consult with relevant nongovernmental experts and organizations as necessary. Sec. 7. 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. (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, 2012. [FR Doc. 2012–22062 Filed 9–4–12; 2:00 pm] Billing code 3295–F2–P VerDate Mar<15>2010 19:47 Sep 04, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\05SEE1.SGM 05SEE1 OB#1.EPS</GPH> sroberts on DSK5SPTVN1PROD with RULES

Improving Access to Mental Health Services for Veterans, Service Members, and Military Families

2012-08-31T00:00:00

0e398c3fa4170c831e8b0deba7e72b5d1e23ff425d83f9186ff7dac2b77b9372

Presidential Executive Order

2012-12881 (13612)

Presidential Documents 31153 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Presidential Documents Executive Order 13612 of May 21, 2012 Providing an Order of Succession Within the Department of Agriculture 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. (a) Subject to the provisions of section 2 of this order, and to the limitations set forth in the Act, the following officials of the Department of Agriculture, in the order listed, shall act as and perform the functions and duties of the office of Secretary of Agri- culture (Secretary) during any period in which both the Secretary and the Deputy Secretary of Agriculture (Deputy Secretary) have died, resigned, or are otherwise unable to perform the functions and duties of the office of Secretary: (1) Under Secretary of Agriculture for Farm and Foreign Agricultural Serv- ices; (2) Under Secretary of Agriculture for Food, Nutrition, and Consumer Services; (3) Assistant Secretary of Agriculture for Administration; (4) Under Secretary of Agriculture for Research, Education, and Economics; (5) Under Secretary of Agriculture for Food Safety; (6) Under Secretary of Agriculture for Natural Resources and Environment; (7) Under Secretary of Agriculture for Rural Development; (8) Under Secretary of Agriculture for Marketing and Regulatory Programs; (9) General Counsel of the Department of Agriculture; (10) Chief of Staff, Office of the Secretary; (11) State Executive Directors of the Farm Service Agency for the States of California, Iowa, and Kansas, in order of seniority fixed by length of unbroken service as State Executive Director of that State; (12) Regional Administrators of the Food and Nutrition Service for the Mountain Plains Regional Office (Denver, Colorado), Midwest Regional Office (Chicago, Illinois), and Western Regional Office (San Francisco, California), in order of seniority fixed by length of unbroken service as Regional Administrator of that Regional Office; (13) Chief Financial Officer of the Department of Agriculture; (14) Assistant Secretary of Agriculture (Civil Rights); and (15) Assistant Secretary of Agriculture (Congressional Relations). (b) If any two or more individuals designated in paragraph (11) or (12) of subsection (a) were sworn in to, or commenced service in, their respective offices on the same day, precedence shall be determined by the alphabetical order of the State in which the individual serves. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1(a)(1)–(15) of this order in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order. VerDate Mar<15>2010 16:52 May 23, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\24MYE0.SGM 24MYE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 31154 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Presidential Documents (b) No individual who is serving in an office listed in section 1(a)(1)– (15) of this order shall act as Secretary 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 Secretary. Sec. 3. Revocation. Executive Order 13542 of May 13, 2010 (Providing an Order of Succession Within the Department of Agriculture), is hereby re- voked. 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, May 21, 2012. [FR Doc. 2012–12881 Filed 5–23–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 16:52 May 23, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\24MYE0.SGM 24MYE0 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with MISCELLANEOUS

Providing an Order of Succession Within the Department of Agriculture

2012-05-21T00:00:00

b8d675c13715925cda5dc5d6a9f618dbc4085ea423543a0801e840f30004dafa

Presidential Executive Order

2012-15954 (13617)

Presidential Documents 38459 Federal Register Vol. 77, No. 124 Wednesday, June 27, 2012 Title 3— The President Executive Order 13617 of June 25, 2012 Blocking Property of the Government of the Russian Federa- tion Relating to the Disposition of Highly Enriched Uranium Extracted From Nuclear Weapons By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, in view of the policies underlying Executive Order 12938 of November 14, 1994, and Executive Order 13085 of May 26, 1998, and the restrictions put in place pursuant to Executive Order 13159 of June 21, 2000, find that the risk of nuclear proliferation created by the accumulation of a large volume of weapons-usable fissile material in the territory of the Russian Federation continues to constitute an unusual and extraordinary threat to the national security and foreign policy of the United States, and hereby declare a national emergency to deal with that threat. I hereby order: Section 1. A major national security goal of the United States is to ensure that fissile material removed from Russian nuclear weapons pursuant to various arms control and disarmament agreements is dedicated to peaceful uses, subject to transparency measures, and protected from diversion to activities of proliferation concern. As reflected in Executive Order 13085, the full implementation of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, dated February 18, 1993, and related contracts and agree- ments (collectively, the ‘‘HEU Agreements’’) is essential to the attainment of this goal. The HEU Agreements provide for the conversion of approxi- mately 500 metric tons of highly enriched uranium contained in Russian nuclear weapons into low-enriched uranium for use as fuel in commercial nuclear reactors. In furtherance of our national security goals, all heads of departments and agencies of the United States Government shall continue to take all appropriate measures within their authority to further the full implementation of the HEU Agreements. Sec. 2. Government of the Russian Federation assets directly related to the implementation of the HEU Agreements currently may be subject to attachment, judgment, decree, lien, execution, garnishment, or other judicial process, thereby jeopardizing the full implementation of the HEU Agreements to the detriment of U.S. foreign policy. In order to ensure the preservation and proper and complete transfer to the Government of the Russian Federa- tion of all payments due to it under the HEU Agreements, and except to the extent provided in regulations, orders, directives, or licenses that may be issued pursuant to this order, or that were issued pursuant to Executive Order 13159 of June 21, 2000, all property and interests in property of the Government of the Russian Federation directly related to the implemen- tation of the HEU Agreements 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 persons, including any foreign branch, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in. Unless licensed or authorized pursuant to this order, VerDate Mar<15>2010 15:13 Jun 26, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\27JNE0.SGM 27JNE0 emcdonald on DSK67QTVN1PROD with MISCELLANEOUS 38460 Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Presidential Documents or Executive Order 13159 of June 21, 2000, any attachment, judgment, decree, lien, execution, garnishment, or other judicial process is null and void with respect to any property or interest in property blocked pursuant to this order. Sec. 3. (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. 4. 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 the Russian Federation’’ means the Govern- ment of the Russian Federation, any political subdivision, agency, or instru- mentality thereof, and any person owned or controlled by, or acting for or on behalf of, the Government of the Russian Federation. Sec. 5. (a) The Secretary of the Treasury, in consultation with the Secretary of State, the Secretary of Energy, and, as appropriate, other agencies, 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 redelegate any of these functions to other officers and agencies of the United States Government consistent with appli- cable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their statutory authority to carry out the provisions of this order. (b) Nothing contained in this order shall relieve a person from any require- ment to obtain a license or other authorization from any department or agency of the United States Government in compliance with applicable laws and regulations subject to the jurisdiction of the department or agency. Sec. 6. 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)). VerDate Mar<15>2010 20:02 Jun 26, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\27JNE0.SGM 27JNE0 emcdonald on DSK67QTVN1PROD with MISCELLANEOUS 38461 Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Presidential Documents 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, June 25, 2012. 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Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted From Nuclear Weapons

2012-06-25T00:00:00

35ad8f0e9c8ac6c9625a5a8b50206c427d4a59e99a9278e3bbb69e595a9d1780

Presidential Executive Order

2012-17022 (13618)

Presidential Documents 40779 Federal Register Vol. 77, No. 133 Wednesday, July 11, 2012 Title 3— The President Executive Order 13618 of July 6, 2012 Assignment of National Security and Emergency Prepared- ness Communications Functions 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 Government must have the ability to commu- nicate at all times and under all circumstances to carry out its most critical and time sensitive missions. Survivable, resilient, enduring, and effective communications, both domestic and international, are essential to enable the executive branch to communicate within itself and with: the legislative and judicial branches; State, local, territorial, and tribal governments; private sector entities; and the public, allies, and other nations. Such communica- tions must be possible under all circumstances to ensure national security, effectively manage emergencies, and improve national resilience. The views of all levels of government, the private and nonprofit sectors, and the public must inform the development of national security and emergency prepared- ness (NS/EP) communications policies, programs, and capabilities. Sec. 2. Executive Office Responsibilities. Sec. 2.1. Policy coordination, guidance, dispute resolution, and periodic in-progress reviews for the functions described and assigned herein shall be provided through the interagency process established in Presidential Pol- icy Directive-1 of February 13, 2009 (Organization of the National Security Council System) (PPD–1). Sec. 2.2. The Director of the Office of Science and Technology Policy (OSTP) shall: (a) issue an annual memorandum to the NS/EP Communications Execu- tive Committee (established in section 3 of this order) highlighting national priorities for Executive Committee analyses, studies, research, and develop- ment regarding NS/EP communications; (b) advise the President on the prioritization of radio spectrum and wired communications that support NS/EP functions; and (c) have access to all appropriate information related to the test, exercise, evaluation, and readiness of the capabilities of all existing and planned NS/EP communications systems, networks, and facilities to meet all executive branch NS/EP requirements. Sec. 2.3. The Assistant to the President for Homeland Security and Counter- terrorism and the Director of OSTP shall make recommendations to the President, informed by the interagency policy process established in PPD– 1, with respect to the exercise of authorities assigned to the President under section 706 of the Communications Act of 1934, as amended (47 U.S.C. 606). The Assistant to the President for Homeland Security and Counterter- rorism and the Director of OSTP shall also jointly monitor the exercise of these authorities, in the event of any delegation, through the process established in PPD–1 or as the President otherwise may direct. Sec. 3. The NS/EP Communications Executive Committee. Sec. 3.1. There is established an NS/EP Communications Executive Com- mittee (Executive Committee) to serve as a forum to address NS/EP commu- nications matters. VerDate Mar<15>2010 19:52 Jul 10, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\11JYE0.SGM 11JYE0 tkelley on DSK3SPTVN1PROD with PRES DOC 40780 Federal Register / Vol. 77, No. 133 / Wednesday, July 11, 2012 / Presidential Documents Sec. 3.2. The Executive Committee shall be composed of Assistant Secretary- level or equivalent representatives designated by the heads of the Depart- ments of State, Defense, Justice, Commerce, and Homeland Security, the Office of the Director of National Intelligence (DNI), the General Services Administration, and the Federal Communications Commission, as well as such additional agencies as the Executive Committee may designate. The designees of the Secretary of Homeland Security and the Secretary of Defense shall serve as Co-Chairs of the Executive Committee. Sec. 3.3. The responsibilities of the Executive Committee shall be to: (a) advise and make policy recommendations to the President, through the PPD–1 process, on enhancing the survivability, resilience, and future architec- ture of NS/EP communications, including what should constitute NS/EP communications requirements; (b) develop a long-term strategic vision for NS/EP communications and propose funding requirements and plans to the President and the Director of the Office of Management and Budget (OMB), through the PPD–1 process, for NS/EP communications initiatives that benefit multiple agencies or other Federal entities; (c) coordinate the planning for, and provision of, NS/EP communications for the Federal Government under all hazards; (d) promote the incorporation of the optimal combination of hardness, redundancy, mobility, connectivity, interoperability, restorability, and secu- rity to obtain, to the maximum extent practicable, the survivability of NS/ EP communications under all circumstances; (e) recommend to the President, through the PPD–1 process, the regimes to test, exercise, and evaluate the capabilities of existing and planned commu- nications systems, networks, or facilities to meet all executive branch NS/ EP communications requirements, including any recommended remedial ac- tions; (f) provide quarterly updates to the Assistant to the President for Homeland Security and Counterterrorism and the Director of OSTP, through the Co- Chairs, on the status of Executive Committee activities and develop an annual NS/EP communications strategic agenda utilizing the PPD–1 process; (g) enable industry input with respect to the responsibilities established in this section; and (h) develop, approve, and maintain a charter for the Executive Committee. Sec. 4. Executive Committee Joint Program Office. Sec. 4.1. The Secretary of Homeland Security shall establish an Executive Committee Joint Program Office (JPO) to provide full-time, expert, and admin- istrative support for the Executive Committee’s performance of its responsibil- ities under section 3.3 of this order. Staff of the JPO shall include detailees, as needed and appropriate, from agencies represented on the Executive Committee. The Department of Homeland Security shall provide resources to support the JPO. The JPO shall be responsive to the guidance of the Executive Committee. Sec. 4.2. The responsibilities of the JPO shall include: coordination of pro- grams that support NS/EP missions, priorities, goals, and policy; and, when directed by the Executive Committee, the convening of governmental and nongovernmental groups (consistent with the Federal Advisory Committees Act, as amended (5 U.S.C. App.)), coordination of activities, and development of policies for senior official review and approval. Sec. 5. Specific Department and Agency Responsibilities. Sec. 5.1. The Secretary of Defense shall: (a) oversee the development, testing, implementation, and sustainment of NS/EP communications that are directly responsive to the national security needs of the President, Vice President, and senior national leadership, including: communications with or among VerDate Mar<15>2010 19:52 Jul 10, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\11JYE0.SGM 11JYE0 tkelley on DSK3SPTVN1PROD with PRES DOC 40781 Federal Register / Vol. 77, No. 133 / Wednesday, July 11, 2012 / Presidential Documents the President, Vice President, White House staff, heads of state and govern- ment, and Nuclear Command and Control leadership; Continuity of Govern- ment communications; and communications among the executive, judicial, and legislative branches to support Enduring Constitutional Government; (b) incorporate, integrate, and ensure interoperability and the optimal com- bination of hardness, redundancy, mobility, connectivity, interoperability, restorability, and security to obtain, to the maximum extent practicable, the survivability of NS/EP communications defined in section 5.1(a) of this order under all circumstances, including conditions of crisis or emergency; (c) provide to the Executive Committee the technical support necessary to develop and maintain plans adequate to provide for the security and protection of NS/EP communications; and (d) provide, operate, and maintain communication services and facilities adequate to execute responsibilities consistent with Executive Order 12333 of December 4, 1981, as amended. Sec. 5.2. The Secretary of Homeland Security shall: (a) oversee the develop- ment, testing, implementation, and sustainment of NS/EP communications, including: communications that support Continuity of Government; Federal, State, local, territorial, and tribal emergency preparedness and response com- munications; non-military executive branch communications systems; critical infrastructure protection networks; and non-military communications net- works, particularly with respect to prioritization and restoration; (b) incorporate, integrate, and ensure interoperability and the necessary combination of hardness, redundancy, mobility, connectivity, interoper- ability, restorability, and security to obtain, to the maximum extent prac- ticable, the survivability of NS/EP communications defined in section 5.2(a) of this order under all circumstances, including conditions of crisis or emer- gency; (c) provide to the Executive Committee the technical support necessary to develop and maintain plans adequate to provide for the security and protection of NS/EP communications; (d) receive, integrate, and disseminate NS/EP communications information to the Federal Government and State, local, territorial, and tribal governments, as appropriate, to establish situational awareness, priority setting rec- ommendations, and a common operating picture for NS/EP communications information; (e) satisfy priority communications requirements through the use of com- mercial, Government, and privately owned communications resources, when appropriate; (f) maintain a joint industry-Government center that is capable of assisting in the initiation, coordination, restoration, and reconstitution of NS/EP com- munications services or facilities under all conditions of emerging threats, crisis, or emergency; (g) serve as the Federal lead for the prioritized restoration of communica- tions infrastructure and coordinate the prioritization and restoration of com- munications, including resolution of any conflicts in or among priorities, in coordination with the Secretary of Defense when activities referenced in section 5.1(a) of this order are impacted, consistent with the National Response Framework. If conflicts in or among priorities cannot be resolved between the Departments of Defense and Homeland Security, they shall be referred for resolution in accordance with section 2.1 of this order; and (h) within 60 days of the date of this order, in consultation with the Executive Committee where appropriate, develop and submit to the President, through the Assistant to the President for Homeland Security and Counterter- rorism, a detailed plan that describes the Department of Homeland Security’s organization and management structure for its NS/EP communications func- tions, including the Government Emergency Telecommunications Service, Wireless VerDate Mar<15>2010 19:52 Jul 10, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11JYE0.SGM 11JYE0 tkelley on DSK3SPTVN1PROD with PRES DOC 40782 Federal Register / Vol. 77, No. 133 / Wednesday, July 11, 2012 / Presidential Documents Priority Service, Telecommunications Service Priority program, Next Genera- tion Network Priority program, the Executive Committee JPO, and relevant supporting entities. Sec. 5.3. The Secretary of Commerce shall: (a) provide advice and guidance to the Executive Committee on the use of technical standards and metrics to support execution of NS/EP communications; (b) identify for the Executive Committee requirements for additional tech- nical standards and metrics to enhance NS/EP communications; (c) engage with relevant standards development organizations to develop appropriate technical standards and metrics to enhance NS/EP communica- tions; (d) develop plans and procedures concerning radio spectrum allocations, assignments, and priorities for use by agencies and executive offices; (e) develop, maintain, and publish policies, plans, and procedures for the management and use of radio frequency assignments, including the authority to amend, modify, or revoke such assignments, in those parts of the electromagnetic spectrum assigned to the Federal Government; and (f) administer a system of radio spectrum priorities for those spectrum- dependent telecommunications resources belonging to and operated by the Federal Government and certify or approve such radio spectrum priorities, including the resolution of conflicts in or among such radio spectrum prior- ities during a crisis or emergency. Sec. 5.4. The Administrator of General Services shall provide and maintain a common Federal acquisition approach that allows for the efficient central- ized purchasing of equipment and services that meet NS/EP communications requirements. Nothing in this section shall be construed to impair or other- wise affect the procurement authorities granted by law to an agency or the head thereof. Sec. 5.5. With respect to the Intelligence Community, the DNI, after consulta- tion with the heads of affected agencies, may issue such policy directives and guidance as the DNI deems necessary to implement this order. Procedures or other guidance issued by the heads of elements of the Intelligence Commu- nity shall be in accordance with such policy directives or guidelines issued by the DNI. Sec. 5.6. The Federal Communications Commission performs such functions as are required by law, including: (a) with respect to all entities licensed or regulated by the Federal Communications Commission: the extension, discontinuance, or reduction of common carrier facilities or services; the control of common carrier rates, charges, practices, and classifications; the construction, authorization, activation, deactivation, or closing of radio sta- tions, services, and facilities; the assignment of radio frequencies to Federal Communications Commission licensees; the investigation of violations of pertinent law; and the assessment of communications service provider emer- gency needs and resources; and (b) supporting the continuous operation and restoration of critical commu- nications systems and services by assisting the Secretary of Homeland Secu- rity with infrastructure damage assessment and restoration, and by providing the Secretary of Homeland Security with information collected by the Federal Communications Commission on communications infrastructure, service out- ages, and restoration, as appropriate. Sec. 6. General Agency Responsibilities. All agencies, to the extent consistent with law, shall: (a) determine the scope of their NS/EP communications requirements, and provide information regarding such requirements to the Executive Committee; (b) prepare policies, plans, and procedures concerning communications facilities, services, or equipment under their management or operational control to maximize their capability to respond to the NS/EP needs of the Federal Government; VerDate Mar<15>2010 19:52 Jul 10, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\11JYE0.SGM 11JYE0 tkelley on DSK3SPTVN1PROD with PRES DOC 40783 Federal Register / Vol. 77, No. 133 / Wednesday, July 11, 2012 / Presidential Documents (c) propose initiatives, where possible, that may benefit multiple agencies or other Federal entities; (d) administer programs that support broad NS/EP communications goals and policies; (e) submit reports annually, or as otherwise requested, to the Executive Committee, regarding agency NS/EP communications activities; (f) devise internal acquisition strategies in support of the centralized acqui- sition approach provided by the General Services Administration pursuant to section 5.4 of this order; and (g) provide the Secretary of Homeland Security with timely reporting on NS/EP communications status to inform the common operating picture required under 6 U.S.C. 321(d). Sec. 7. General Provisions. (a) For the purposes of this order, the word ‘‘agency’’ shall have the meaning set forth in section 6.1(b) of Executive Order 13526 of December 29, 2009. (b) Executive Order 12472 of April 3, 1984, as amended, is hereby revoked. (c) Executive Order 12382 of September 13, 1982, as amended, is further amended by striking the following language from section 2(e): ‘‘in his capacity as Executive Agent for the National Communications System’’. (d) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an agency, or the head thereof; or (ii) the functions of the Director of the OMB relating to budgetary, adminis- trative, 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, Washington, July 6, 2012. [FR Doc. 2012–17022 Filed 7–10–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 19:52 Jul 10, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\11JYE0.SGM 11JYE0 OB#1.EPS</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC

Assignment of National Security and Emergency Preparedness Communications Functions

2012-07-06T00:00:00

a95580738864ccdc92d4e602080e10f542f85d247c4007fea48edcb43b8dc01e

Presidential Executive Order

2012-15183 (13616)

Presidential Documents 36903 Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / Presidential Documents Executive Order 13616 of June 14, 2012 Accelerating Broadband Infrastructure Deployment 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 in order to facilitate broadband deployment on Federal lands, buildings, and rights of way, federally assisted highways, and tribal and individual Indian trust lands (tribal lands), particularly in underserved communities, it is hereby ordered as follows: Section 1. Policy. Broadband access is essential to the Nation’s global com- petitiveness in the 21st century, driving job creation, promoting innovation, and expanding markets for American businesses. Broadband access also affords public safety agencies the opportunity for greater levels of effective- ness and interoperability. While broadband infrastructure has been deployed in a vast majority of communities across the country, today too many areas still lack adequate access to this crucial resource. For these areas, decisions on access to Federal property and rights of way can be essential to the deployment of both wired and wireless broadband infrastructure. The Federal Government controls nearly 30 percent of all land in the United States, owns thousands of buildings, and provides substantial funding for State and local transportation infrastructure, creating significant opportunities for executive departments and agencies (agencies) to help expand broadband infrastructure. Sec. 2. Broadband Deployment on Federal Property Working Group. (a) In order to ensure a coordinated and consistent approach in implementing agency procedures, requirements, and policies related to access to Federal lands, buildings, and rights of way, federally assisted highways, and tribal lands to advance broadband deployment, there is established a Broadband Deployment on Federal Property Working Group (Working Group), to be co-chaired by representatives designated by the Administrator of General Services and the Secretary of Homeland Security (Co-Chairs) from their respective agencies, in consultation with the Director of the Office of Science and Technology Policy (Director) and in coordination with the Chief Perform- ance Officer (CPO). (b) The Working Group shall be composed of: (i) a representative from each of the following agencies, and the Co- Chairs, all of which have significant ownership of, or responsibility for managing, Federal lands, buildings, and rights of way, federally assisted highways, and tribal lands (Broadband Member Agencies): (1) the Department of Defense; (2) the Department of the Interior; (3) the Department of Agriculture; (4) the Department of Commerce; (5) the Department of Transportation; (6) the Department of Veterans Affairs; and (7) the United States Postal Service; (ii) a representative from each of the following agencies or offices, to provide advice and assistance: VerDate Mar<15>2010 12:26 Jun 19, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\20JNE0.SGM 20JNE0 pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS 36904 Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / Presidential Documents (1) the Federal Communications Commission; (2) the Council on Environmental Quality; (3) the Advisory Council on Historic Preservation; and (4) the National Security Staff; and (iii) representatives from such other agencies or offices as the Co-Chairs may invite to participate. (c) Within 1 year of the date of this order, the Working Group shall report to the Steering Committee on Federal Infrastructure Permitting and Review Process Improvement, established pursuant to Executive Order 13604 of March 22, 2012 (Improving Performance of Federal Permitting and Review of Infrastructure Projects), on the progress that has been made in imple- menting the actions mandated by sections 3 through 5 of this order. Sec. 3. Coordinating Consistent and Efficient Federal Broadband Procedures, Requirements, and Policies. (a) Each Broadband Member Agency, following coordination with other Broadband Member Agencies and interested non- member agencies, shall: (i) develop and implement a strategy to facilitate the timely and efficient deployment of broadband facilities on Federal lands, buildings, and rights of way, federally assisted highways, and tribal lands, that: (1) ensures a consistent approach across the Federal Government that facilitates broadband deployment processes and decisions, including by: avoiding duplicative reviews; coordinating review processes; providing clear notice of all application and other requirements; ensuring consistent interpretation and application of all procedures, requirements, and policies; supporting decisions on deployment of broadband service to those living on tribal lands consistent with existing statutes, treaties, and trust respon- sibilities; and ensuring the public availability of current information on these matters; (2) where beneficial and appropriate, includes procedures for coordination with State, local, and tribal governments, and other appropriate entities; (3) is coordinated with appropriate external stakeholders, as determined by each Broadband Member Agency, prior to implementation; and (4) is provided to the Co-Chairs within 180 days of the date of this order; and (ii) provide comprehensive and current information on accessing Federal lands, buildings, and rights of way, federally assisted highways, and tribal lands for the deployment of broadband facilities, and develop strategies to increase the usefulness and accessibility of this information, including ensuring such information is available online and in a format that is compatible with appropriate Government websites, such as the Federal Infrastructure Projects Dashboard created pursuant to my memorandum of August 31, 2011 (Speeding Infrastructure Development Through More Efficient and Effective Permitting and Environmental Review). (b) The activities conducted pursuant to subsection (a) of this section, particu- larly with respect to the establishment of timelines for permitting and review processes, shall be consistent with Executive Order 13604 and with the Federal Plan and Agency Plans to be developed pursuant to that order. (c) The Co-Chairs, in consultation with the Director and in coordination with the CPO, shall coordinate, review, and monitor the development and implementation of the strategies required by paragraph (a)(i) of this section. (d) Broadband Member Agencies may limit the information made available pursuant to paragraph (a)(ii) of this section as appropriate to accommodate national security, public safety, and privacy concerns. Sec. 4. Contracts, Applications, and Permits. (a) Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112–96) contains provisions addressing access to Federal property for the deployment of wire- less broadband facilities, including requirements that the General Services VerDate Mar<15>2010 12:26 Jun 19, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\20JNE0.SGM 20JNE0 pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS 36905 Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / Presidential Documents Administration (GSA) develop application forms, master contracts, and fees for such access. The GSA shall consult with the Working Group in developing these application forms, master contracts, and fees. (b) To the extent not already addressed by section 6409, each Broadband Member Agency with responsibility for managing Federal lands, buildings, or rights of way (as determined by the Co-Chairs) shall, in coordination with the Working Group and within 1 year of the date of this order, develop and use one or more templates for uniform contract, application, and permit terms to facilitate nongovernment entities’ use of Federal property for the deployment of broadband facilities. The templates shall, where appropriate, allow for access by multiple broadband service providers and public safety entities. To ensure a consistent approach across the Federal Government and different broadband technologies, the templates shall, to the extent practicable and efficient, provide equal access to Federal property for the deployment of wireline and wireless facilities. Sec. 5. Deployment of Conduit for Broadband Facilities in Conjunction with Federal or Federally Assisted Highway Construction. (a) The installation of underground fiber conduit along highway and roadway rights of way can improve traffic flow and safety through implementation of intelligent transportation systems (ITS) and reduce the cost of future broadband deploy- ment. Accordingly, within 1 year of the date of this order: (i) the Department of Transportation, in consultation with the Working Group, shall review dig once requirements in its existing programs and implement a flexible set of best practices that can accommodate changes in broadband technology and minimize excavations consistent with com- petitive broadband deployment; (ii) the Department of Transportation shall work with State and local governments to help them develop and implement best practices on such matters as establishing dig once requirements, effectively using private investment in State ITS infrastructure, determining fair market value for rights of way on federally assisted highways, and reestablishing any high- way assets disturbed by installation; (iii) the Department of the Interior and other Broadband Member Agencies with responsibility for federally owned highways and rights of way on tribal lands (as determined by the Co-Chairs) shall revise their procedures, requirements, and policies to include the use of dig once requirements and similar policies to encourage the deployment of broadband infrastruc- ture in conjunction with Federal highway construction, as well as to provide for the reestablishment of any highway assets disturbed by installa- tion; (iv) the Department of Transportation, after outreach to relevant nonfederal stakeholders, shall review and, if necessary, revise its guidance to State departments of transportation on allowing for-profit or other entities to accommodate or construct, safely and securely maintain, and utilize broadband facilities on State and locally owned rights of way in order to reflect changes in broadband technologies and markets and to promote competitive broadband infrastructure deployment; and (v) the Department of Transportation, in consultation with the Working Group and the American Association of State Highway and Transportation Officials, shall create an online platform that States and counties may use to aggregate and make publicly available their rights of way laws and joint occupancy guidelines and agreements. (b) For the purposes of this section, the term ‘‘dig once requirements’’ means requirements designed to reduce the number and scale of repeated excavations for the installation and maintenance of broadband facilities in rights of way. Sec. 6. General Provisions. (a) This order shall be implemented consistent with all applicable laws, treaties, and trust obligations, and subject to the availability of appropriations. VerDate Mar<15>2010 12:26 Jun 19, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\20JNE0.SGM 20JNE0 pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS 36906 Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / Presidential Documents (b) 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. (c) Independent agencies are strongly encouraged to comply with this order. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, Washington, June 14, 2012. [FR Doc. 2012–15183 Filed 6–19–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 12:26 Jun 19, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\20JNE0.SGM 20JNE0 OB#1.EPS</GPH> pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS

Accelerating Broadband Infrastructure Deployment

2012-06-14T00:00:00

54bedb13a1d17a308d853a7875310e98ef5cc90d835ba31d8daffb37eb81e9f0

Presidential Executive Order

2012-19055 (13622)

Presidential Documents 45897 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Presidential Documents Executive Order 13622 of July 30, 2012 Authorizing Additional 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.), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, in order to take additional steps with respect to the national emergency declared in Executive Order 12957 of March 15, 1995, as relied upon for additional steps in subsequent Executive Orders, particularly in light of the Government of Iran’s use of revenues from petroleum, petroleum products, and petro- chemicals for illicit purposes, Iran’s continued attempts to evade international sanctions through deceptive practices, and the unacceptable risk posed to the international financial system by Iran’s activities, hereby order: Section 1. (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 knowingly conducted or facilitated any significant financial transaction: (i) with the National Iranian Oil Company (NIOC) or Naftiran Intertrade Company (NICO), except for a sale or provision to NIOC or NICO of the products described in section 5(a)(3)(A)(i) of the Iran Sanctions Act of 1996 (Public Law 104–172), as amended, provided that the fair market value of such products is lower than the applicable dollar threshold speci- fied in that provision; (ii) for the purchase or acquisition of petroleum or petroleum products from Iran; or (iii) for the purchase or acquisition 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 the criteria set forth in subsection (a)(i), (a)(ii), or (a)(iii) 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)(i) and (ii) of this section shall apply with respect to a significant financial transaction conducted or facilitated by a foreign financial institution 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) (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 NDAA from the imposition of sanctions under paragraph (1) of that sub- section does not apply with respect to the country with primary jurisdiction over the foreign financial institution. (d) Subsection (a) of this section shall not apply with respect to any person for conducting or facilitating a transaction for the sale of food, VerDate Mar<15>2010 07:44 Aug 01, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\02AUE0.SGM 02AUE0 erowe on DSK2VPTVN1PROD with MISCELLANEOUS 45898 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Presidential Documents medicine, or medical devices to Iran or when the underlying transaction has been authorized by the Secretary of the Treasury. (e) 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. Sec. 2. (a) The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Rep- resentative, 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 3 or 4 of this order upon determining that the person: (i) knowingly, on or after the effective date of this order, engaged in a significant transaction for the purchase or acquisition of petroleum or petroleum products from Iran; (ii) knowingly, on or after the effective date of this order, engaged in a significant transaction for the purchase or acquisition of petrochemical products from Iran; (iii) is a successor entity to a person determined by the Secretary of State in accordance with this subsection to meet the criteria in subsection (a)(i) or (a)(ii) of this section; (iv) owns or controls a person determined by the Secretary of State in accordance with this subsection to meet the criteria in subsection (a)(i) or (a)(ii) of this section, and had knowledge that the person engaged in the activities referred to in that subsection; or (v) is owned or controlled by, or under common ownership or control with, a person determined by the Secretary of State in accordance with this subsection to meet the criteria in subsection (a)(i) or (a)(ii) of this section, and knowingly participated in the activities referred to in that subsection. (b) Subsection (a)(i) 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 NDAA that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit a signifi- cant reduction in the volume of petroleum and petroleum products pur- chased from Iran by or through foreign financial institutions; and (ii) an exception under subparagraph 4(D) of subsection 1245(d) of the NDAA from the imposition of sanctions under paragraph (1) of that sub- section does not apply with respect to the country with primary jurisdiction over the person. Sec. 3. When the Secretary of State, in accordance with the terms of section 2 of this order, has determined that a person meets any of the criteria described in section 2 and has selected any of the sanctions set forth below to impose on that person, the heads of relevant agencies, in consultation with the Secretary of State, 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 shall deny approval of the issuance of any guarantee, insurance, extension of credit, or participa- tion 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 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: VerDate Mar<15>2010 07:44 Aug 01, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\02AUE0.SGM 02AUE0 erowe on DSK2VPTVN1PROD with MISCELLANEOUS 45899 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Presidential Documents (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; or (d) agencies shall not procure, or enter into a contract for the procurement of, any goods or services from the sanctioned person. (e) The prohibitions in subsections (a)–(d) 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. Sec. 4. (a) When the Secretary of State, in accordance with the terms of section 2 of this order, has determined that a person meets any of the criteria described in section 2 and has selected 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 imposed by the Secretary of State: (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 come within the United States, or that are or come within the possession or control of any United States person, including any foreign branch, of the sanctioned person, and provide that such property and interests in property may not be transferred, paid, exported, with- drawn, or otherwise dealt in; or (v) restrict or prohibit imports of goods, technology, or services, directly or indirectly, into the United States from the sanctioned person. (b) The prohibitions in subsections (a)(i)–(a)(v) 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. Sec. 5. (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 the person has materially assisted, sponsored, or provided financial, material, or techno- logical support for, or goods or services in support of, NIOC, NICO, or the Central Bank of Iran, or the purchase or acquisition of U.S. bank notes or precious metals by the Government of Iran. (b) With respect to any person determined by the Secretary of the Treasury in accordance with subsection (a) to meet the criteria set forth in subsection (a) 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 VerDate Mar<15>2010 07:44 Aug 01, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\02AUE0.SGM 02AUE0 erowe on DSK2VPTVN1PROD with MISCELLANEOUS 45900 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Presidential Documents or hereafter come within the possession or control of any United States person, including any foreign branch, 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. Sec. 6. Subsection 1(a), section 2, and subsection 5(a) of this order shall not apply with respect to any person for conducting or facilitating a trans- action involving a natural gas development and pipeline project initiated prior to the effective date of this order to bring gas from Azerbaijan to Europe and Turkey in furtherance of a production sharing agreement or license awarded by a sovereign government other than the Government of Iran before the effective date of this order. Sec. 7. 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 type 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 subsection (a)(iv) of section 4 or subsection (b) of section 5 of 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 subsection (a)(iv) of section 4 and subsection (b) of section 5 of this order. Sec. 8. The prohibitions in subsection (a)(iv) of section 4 and subsection (b) of section 5 of this order include, but are not limited to: (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 this order; and (ii) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 9. (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 is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 10. 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 ‘‘financial institution,’’ as used in sections 3 and 4 of this order, 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; (e) the term ‘‘foreign financial institution,’’ as used in section 1 of this order, means any foreign entity that is engaged in the business of accepting deposits, making, granting, transferring, 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 VerDate Mar<15>2010 07:44 Aug 01, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\02AUE0.SGM 02AUE0 erowe on DSK2VPTVN1PROD with MISCELLANEOUS 45901 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Presidential Documents banks, money service businesses, 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, investment companies, employee benefit plans, and holding companies, affiliates, or subsidiaries of any of the foregoing. 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 international financial institution so notified by the Secretary of the Treasury; (f) the term ‘‘United States financial institution’’ means a financial institu- tion as defined in subsection (d) 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; (g) 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; (h) 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; (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 term ‘‘sanctioned person’’ means a person on whom the Secretary of State, in accordance with the terms of section 2 of this order, has deter- mined to impose sanctions pursuant to section 2; (k) 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; (l) 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; (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 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; and (o) the terms ‘‘Naftiran Intertrade Company’’ and ‘‘NICO’’ mean the Naftiran Intertrade Company and any entity owned or controlled by, or operating for or on behalf of, the Naftiran Intertrade Company. Sec. 11. 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 subsection (a)(iv) of section 4 or subsection (b) of section 5 of this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national VerDate Mar<15>2010 07:44 Aug 01, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\02AUE0.SGM 02AUE0 erowe on DSK2VPTVN1PROD with MISCELLANEOUS 45902 Federal Register / Vol. 77, No. 149 / Thursday, August 2, 2012 / Presidential Documents emergency declared in Executive Order 12957, there need be no prior notice of an action taken pursuant to subsection (a)(iv) of section 4 or subsection (b) of section 5 of this order. Sec. 12. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of sections 1, 4, and 5 of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Govern- ment consistent with applicable law. All agencies of the United States Gov- ernment are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order. 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. Sec. 14. 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. 15. This order is effective at 12:01 a.m. eastern daylight time on July 31, 2012. THE WHITE HOUSE, Washington, July 30, 2012. [FR Doc. 2012–19055 Filed 8–1–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 07:44 Aug 01, 2012 Jkt 226001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\02AUE0.SGM 02AUE0 OB#1.EPS</GPH> erowe on DSK2VPTVN1PROD with MISCELLANEOUS

Authorizing Additional Sanctions With Respect to Iran

2012-07-30T00:00:00

4b732b87acc54324c931eaf39eb0dc8561600047ecca82b7c453dcc1fca86826

Presidential Executive Order

2012-12889 (13615)

Presidential Documents 31159 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Presidential Documents Executive Order 13615 of May 21, 2012 Providing an Order of Succession Within the Office of Man- agement and Budget 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 officers of the Office of Management and Budget, in the order listed, shall act as and perform the functions and duties of the office of Director during any period in which both the Director of the Office of Management and Budget (Director) and the Deputy Director of the Office of Management and Budget (Deputy Director) have died, resigned, or otherwise become unable to perform the functions and duties of the office of Director: (a) Deputy Director for Management; (b) Executive Associate Director; (c) Associate Director (National Security Programs); (d) Associate Director (General Government Programs); (e) Associate Director (Education, Income Maintenance, and Labor Pro- grams); (f) Associate Director (Health Programs); (g) Associate Director (Natural Resource Programs); (h) General Counsel; (i) Administrator for Federal Procurement Policy; (j) Administrator of the Office of Information and Regulatory Affairs; (k) Controller, Office of Federal Financial Management; (l) Administrator of the Office of Electronic Government; and (m) Intellectual Property Enforcement Coordinator. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1(a)–(m) of this order in an acting capacity, by virtue of so serving, shall act as Director pursuant to this order. (b) No individual listed in section 1(a)–(m) of this order shall act as Director 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 Director. Sec. 3. Revocation. Executive Order 13370 of January 13, 2005 (Providing an Order of Succession in the Office of Management and Budget), is hereby revoked. VerDate Mar<15>2010 16:55 May 23, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\24MYE3.SGM 24MYE3 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 31160 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Presidential Documents 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, May 21, 2012. [FR Doc. 2012–12889 Filed 5–23–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 16:55 May 23, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\24MYE3.SGM 24MYE3 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with MISCELLANEOUS

Providing an Order of Succession Within the Office of Management and Budget

2012-05-21T00:00:00

d59246a7d475f969e119fbb23fec014302f464ba871861f68d7f4e2e292b2241

Presidential Executive Order

2012-12883 (13614)

Presidential Documents 31157 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Presidential Documents Executive Order 13614 of May 21, 2012 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 VIII; and (m) Deputy Regional Administrator, Region II. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1(a)–(m) 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)–(m) of this order shall act as Administrator unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998, as amended. (c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Administrator. Sec. 3. Revocation. Executive Order 13261 of March 19, 2002 (Providing an Order of Succession in the Environmental Protection Agency and Amend- ing Certain Orders on Succession) and Executive Order 13344 of July 7, 2004 (Amending Executive Order 13261 on the Order of Succession in the Environmental Protection Agency), are hereby revoked. VerDate Mar<15>2010 16:54 May 23, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\24MYE2.SGM 24MYE2 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 31158 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Presidential Documents 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, May 21, 2012. [FR Doc. 2012–12883 Filed 5–23–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 16:54 May 23, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\24MYE2.SGM 24MYE2 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with MISCELLANEOUS

Providing an Order of Succession Within the Environmental Protection Agency

2012-05-21T00:00:00

f0d9d2121919b47ee6ebb5efbfad870faf263b0f2fea5ed88ac2659a99aab40b

Presidential Executive Order

2012-12882 (13613)

Presidential Documents 31155 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Presidential Documents Executive Order 13613 of May 21, 2012 Providing an Order of Succession Within the Department of Commerce 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 Department of Commerce, in the order listed, shall act as and perform the functions and duties of the office of the Secretary of Commerce (Secretary) during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of the Secretary: (a) Deputy Secretary of Commerce; (b) General Counsel of the Department of Commerce; (c) Under Secretary of Commerce for International Trade; (d) Under Secretary of Commerce for Economic Affairs; (e) Under Secretary of Commerce for Standards and Technology; (f) Under Secretary of Commerce for Oceans and Atmosphere and Adminis- trator of the National Oceanic and Atmospheric Administration; (g) Under Secretary of Commerce for Export Administration; (h) Chief Financial Officer of the Department of Commerce and Assistant Secretary of Commerce (Administration); and (i) The Boulder Laboratories Site Manager, National Institute of Standards and Technology. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1(a)–(i) of this order in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order. (b) No individual listed in section 1(a)–(i) of this order shall act as Secretary unless that individual is otherwise eligible to so serve under the Act, as amended. (c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Secretary. Sec. 3. Revocation. Executive Order 13242 of December 18, 2001 (Providing An Order of Succession Within the Department of Commerce) and Memo- randum for the Secretary of Commerce of October 3, 2002 (Designation of Officers of the Department of Commerce to Act as Secretary of Commerce) are hereby revoked. VerDate Mar<15>2010 16:53 May 23, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\24MYE1.SGM 24MYE1 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 31156 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Presidential Documents 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, May 21, 2012. [FR Doc. 2012–12882 Filed 5–23–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 16:53 May 23, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\24MYE1.SGM 24MYE1 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with MISCELLANEOUS

Providing an Order of Succession Within the Department of Commerce

2012-05-21T00:00:00

30371683a47be2101e44a4d9c3e016de4441b33283a9f095fcc188f424d0a16c

Presidential Executive Order

2012-12225 (13611)

Presidential Documents 29533 Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Presidential Documents Executive Order 13611 of May 16, 2012 Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, find that the actions and policies of certain members of the Government of Yemen and others threaten Yemen’s peace, security, and stability, including by obstructing the implementation of the agreement of November 23, 2011, between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power that meets the legitimate demands and aspirations of the Yemeni people for change, and by obstructing the political process in Yemen. I further find that these actions constitute 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 order: Section 1. All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, including any foreign branch, 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 Sec- retary of State, to: (a) have engaged in acts that directly or indirectly threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of November 23, 2011, between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, or that obstruct the political process in Yemen; (b) be a political or military leader of an entity that has engaged in the acts described in subsection (a) of this section; (c) have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the acts described in subsection (a) of this section or any person whose property and interests in property are blocked pursuant to this order; or (d) 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. Sec. 2. 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. 3. The prohibitions in section 1 of this order include but are not limited to: VerDate Mar<15>2010 07:41 May 17, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\18MYE0.SGM 18MYE0 erowe on DSK2VPTVN1PROD with MISCELLANEOUS 29534 Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Presidential Documents (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 4. The prohibitions in section 1 of this order 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. Sec. 5. Nothing in section 1 of this order shall prohibit transactions for the conduct of the official business of the United States Government by employees, grantees, or contractors thereof. 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. 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; 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. 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 pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 9. The Secretary of the Treasury, in consultation with the Secretary of State, is 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 redelegate any of these functions to other officers and agencies of the United States Government 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. 10. 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)). VerDate Mar<15>2010 07:41 May 17, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\18MYE0.SGM 18MYE0 erowe on DSK2VPTVN1PROD with MISCELLANEOUS 29535 Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Presidential Documents Sec. 11. 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 16, 2012. [FR Doc. 2012–12225 Filed 5–17–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 07:41 May 17, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\18MYE0.SGM 18MYE0 OB#1.EPS</GPH> erowe on DSK2VPTVN1PROD with MISCELLANEOUS

Blocking Property of Persons Threatening the Peace, Security, or Stability of Yemen

2012-05-16T00:00:00

231d82673602741a7540cbd9612d963d0d1f4339b32d195f96f39e8f0d3101ed

Presidential Executive Order

2012-11798 (13610)

Presidential Documents 28469 Federal Register Vol. 77, No. 93 Monday, May 14, 2012 Title 3— The President Executive Order 13610 of May 10, 2012 Identifying and Reducing Regulatory Burdens By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to modernize our regu- latory system and to reduce unjustified regulatory burdens and costs, it is hereby ordered as follows: Section 1. Policy. Regulations play an indispensable role in protecting public health, welfare, safety, and our environment, but they can also impose significant burdens and costs. During challenging economic times, we should be especially careful not to impose unjustified regulatory requirements. For this reason, it is particularly important for agencies to conduct retrospective analyses of existing rules to examine whether they remain justified and whether they should be modified or streamlined in light of changed cir- cumstances, including the rise of new technologies. Executive Order 13563 of January 18, 2011 (Improving Regulation and Regu- latory Review), states that our regulatory system ‘‘must measure, and seek to improve, the actual results of regulatory requirements.’’ To promote this goal, that Executive Order requires agencies not merely to conduct a single exercise, but to engage in ‘‘periodic review of existing significant regulations.’’ Pursuant to section 6(b) of that Executive Order, agencies are required to develop retrospective review plans to review existing significant regulations in order to ‘‘determine whether any such regulations should be modified, streamlined, expanded, or repealed.’’ The purpose of this requirement is to ‘‘make the agency’s regulatory program more effective or less burdensome in achieving the regulatory objectives.’’ In response to Executive Order 13563, agencies have developed and made available for public comment retrospective review plans that identify over five hundred initiatives. A small fraction of those initiatives, already finalized or formally proposed to the public, are anticipated to eliminate billions of dollars in regulatory costs and tens of millions of hours in annual paper- work burdens. Significantly larger savings are anticipated as the plans are implemented and as action is taken on additional initiatives. As a matter of longstanding practice and to satisfy statutory obligations, many agencies engaged in periodic review of existing regulations prior to the issuance of Executive Order 13563. But further steps should be taken, consistent with law, agency resources, and regulatory priorities, to promote public participation in retrospective review, to modernize our regulatory system, and to institutionalize regular assessment of significant regulations. Sec. 2. Public Participation in Retrospective Review. Members of the public, including those directly and indirectly affected by regulations, as well as State, local, and tribal governments, have important information about the actual effects of existing regulations. For this reason, and consistent with Executive Order 13563, agencies shall invite, on a regular basis (to be deter- mined by the agency head in consultation with the Office of Information and Regulatory Affairs (OIRA)), public suggestions about regulations in need of retrospective review and about appropriate modifications to such regula- tions. To promote an open exchange of information, retrospective analyses of regulations, including supporting data, shall be released to the public online wherever practicable. Sec. 3. Setting Priorities. In implementing and improving their retrospective review plans, and in considering retrospective review suggestions from the VerDate Mar<15>2010 14:53 May 11, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14MYE0.SGM 14MYE0 emcdonald on DSK29S0YB1PROD with NOTICES6 28470 Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Presidential Documents public, agencies shall give priority, consistent with law, to those initiatives that will produce significant quantifiable monetary savings or significant quantifiable reductions in paperwork burdens while protecting public health, welfare, safety, and our environment. To the extent practicable and permitted by law, agencies shall also give special consideration to initiatives that would reduce unjustified regulatory burdens or simplify or harmonize regu- latory requirements imposed on small businesses. Consistent with Executive Order 13563 and Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), agencies shall give consideration to the cumulative effects of their own regulations, including cumulative burdens, and shall to the extent practicable and consistent with law give priority to reforms that would make significant progress in reducing those burdens while pro- tecting public health, welfare, safety, and our environment. Sec. 4. Accountability. Agencies shall regularly report on the status of their retrospective review efforts to OIRA. Agency reports should describe progress, anticipated accomplishments, and proposed timelines for relevant actions, with an emphasis on the priorities described in section 3 of this order. Agencies shall submit draft reports to OIRA on September 10, 2012, and on the second Monday of January and July for each year thereafter, unless directed otherwise through subsequent guidance from OIRA. Agencies shall make final reports available to the public within a reasonable period (not to exceed three weeks from the date of submission of draft reports to OIRA). Sec. 5. General Provisions. (a) For purposes of this order, ‘‘agency’’ means any authority of the United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to a department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) 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 10, 2012. [FR Doc. 2012–11798 Filed 5–11–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 14:53 May 11, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14MYE0.SGM 14MYE0 OB#1.EPS</GPH> emcdonald on DSK29S0YB1PROD with NOTICES6

Identifying and Reducing Regulatory Burdens

2012-05-10T00:00:00

6a0971b6d472845f529ef5274fd84c4a3ac3f7652ac25d2f4b5637dccd812bac

Presidential Executive Order

2012-10968 (13609)

Presidential Documents 26413 Federal Register Vol. 77, No. 87 Friday, May 4, 2012 Title 3— The President Executive Order 13609 of May 1, 2012 Promoting International Regulatory Cooperation 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 international regulatory cooperation, it is hereby ordered as follows: Section 1. Policy. Executive Order 13563 of January 18, 2011 (Improving Regulation and Regulatory Review), states that our regulatory system must protect public health, welfare, safety, and our environment while promoting economic growth, innovation, competitiveness, and job creation. In an in- creasingly global economy, international regulatory cooperation, consistent with domestic law and prerogatives and U.S. trade policy, can be an impor- tant means of promoting the goals of Executive Order 13563. The regulatory approaches taken by foreign governments may differ from those taken by U.S. regulatory agencies to address similar issues. In some cases, the differences between the regulatory approaches of U.S. agencies and those of their foreign counterparts might not be necessary and might impair the ability of American businesses to export and compete internation- ally. In meeting shared challenges involving health, safety, labor, security, environmental, and other issues, international regulatory cooperation can identify approaches that are at least as protective as those that are or would be adopted in the absence of such cooperation. International regulatory cooperation can also reduce, eliminate, or prevent unnecessary differences in regulatory requirements. Sec. 2. Coordination of International Regulatory Cooperation. (a) The Regu- latory Working Group (Working Group) established by Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), which was re- affirmed by Executive Order 13563, shall, as appropriate: (i) serve as a forum to discuss, coordinate, and develop a common under- standing among agencies of U.S. Government positions and priorities with respect to: (A) international regulatory cooperation activities that are reasonably anticipated to lead to significant regulatory actions; (B) efforts across the Federal Government to support significant, cross- cutting international regulatory cooperation activities, such as the work of regulatory cooperation councils; and (C) the promotion of good regulatory practices internationally, as well as the promotion of U.S. regulatory approaches, as appropriate; and (ii) examine, among other things: (A) appropriate strategies for engaging in the development of regulatory approaches through international regulatory cooperation, particularly in emerging technology areas, when consistent with section 1 of this order; (B) best practices for international regulatory cooperation with respect to regulatory development, and, where appropriate, information exchange and other regulatory tools; and (C) factors that agencies should take into account when determining whether and how to consider other regulatory approaches under section 3(d) of this order. (b) As Chair of the Working Group, the Administrator of the Office of Information and Regulatory Affairs (OIRA) of the Office of Management VerDate Mar<15>2010 07:39 May 03, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\04MYE0.SGM 04MYE0 erowe on DSK2VPTVN1PROD with MISCELLANEOUS 26414 Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Presidential Documents and Budget (OMB) shall convene the Working Group as necessary to discuss international regulatory cooperation issues as described above, and the Work- ing Group shall include a representative from the Office of the United States Trade Representative and, as appropriate, representatives from other agencies and offices. (c) The activities of the Working Group, consistent with law, shall not duplicate the efforts of existing interagency bodies and coordination mecha- nisms. The Working Group shall consult with existing interagency bodies when appropriate. (d) To inform its discussions, and pursuant to section 4 of Executive Order 12866, the Working Group may commission analytical reports and studies by OIRA, the Administrative Conference of the United States, or any other relevant agency, and the Administrator of OIRA may solicit input, from time to time, from representatives of business, nongovernmental organi- zations, and the public. (e) The Working Group shall develop and issue guidelines on the applica- bility and implementation of sections 2 through 4 of this order. (f) For purposes of this order, the Working Group shall operate by con- sensus. Sec. 3. Responsibilities of Federal Agencies. To the extent permitted by law, and consistent with the principles and requirements of Executive Order 13563 and Executive Order 12866, each agency shall: (a) if required to submit a Regulatory Plan pursuant to Executive Order 12866, include in that plan a summary of its international regulatory coopera- tion activities that are reasonably anticipated to lead to significant regulations, with an explanation of how these activities advance the purposes of Executive Order 13563 and this order; (b) ensure that significant regulations that the agency identifies as having significant international impacts are designated as such in the Unified Agenda of Federal Regulatory and Deregulatory Actions, on RegInfo.gov, and on Regulations.gov; (c) in selecting which regulations to include in its retrospective review plan, as required by Executive Order 13563, consider: (i) reforms to existing significant regulations that address unnecessary differences in regulatory requirements between the United States and its major trading partners, consistent with section 1 of this order, when stakeholders provide adequate information to the agency establishing that the differences are unnecessary; and (ii) such reforms in other circumstances as the agency deems appropriate; and (d) for significant regulations that the agency identifies as having significant international impacts, consider, to the extent feasible, appropriate, and con- sistent with law, any regulatory approaches by a foreign government that the United States has agreed to consider under a regulatory cooperation council work plan. Sec. 4. Definitions. For purposes of this order: (a) ‘‘Agency’’ means any authority of the United States that is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(5). (b) ‘‘International impact’’ is a direct effect that a proposed or final regula- tion is expected to have on international trade and investment, or that otherwise may be of significant interest to the trading partners of the United States. (c) ‘‘International regulatory cooperation’’ refers to a bilateral, regional, or multilateral process, other than processes that are covered by section 6(a)(ii), (iii), and (v) of this order, in which national governments engage in various forms of collaboration and communication with respect to regula- tions, in particular a process that is reasonably anticipated to lead to the development of significant regulations. VerDate Mar<15>2010 07:39 May 03, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\04MYE0.SGM 04MYE0 erowe on DSK2VPTVN1PROD with MISCELLANEOUS 26415 Federal Register / Vol. 77, No. 87 / Friday, May 4, 2012 / Presidential Documents (d) ‘‘Regulation’’ shall have the same meaning as ‘‘regulation’’ or ‘‘rule’’ in section 3(d) of Executive Order 12866. (e) ‘‘Significant regulation’’ is a proposed or final regulation that constitutes a significant regulatory action. (f) ‘‘Significant regulatory action’’ shall have the same meaning as in section 3(f) of Executive Order 12866. Sec. 5. Independent Agencies. Independent regulatory agencies are encour- aged to comply with the provisions of this order. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to a department or agency, or the head thereof; (ii) the coordination and development of international trade policy and negotiations pursuant to section 411 of the Trade Agreements Act of 1979 (19 U.S.C. 2451) and section 141 of the Trade Act of 1974 (19 U.S.C. 2171); (iii) international trade activities undertaken pursuant to section 3 of the Act of February 14, 1903 (15 U.S.C. 1512), subtitle C of the Export Enhance- ment Act of 1988, as amended (15 U.S.C. 4721 et seq.), and Reorganization Plan No. 3 of 1979 (19 U.S.C. 2171 note); (iv) the authorization process for the negotiation and conclusion of inter- national agreements pursuant to 1 U.S.C. 112b(c) and its implementing regulations (22 C.F.R. 181.4) and implementing procedures (11 FAM 720); (v) activities in connection with subchapter II of chapter 53 of title 31 of the United States Code, title 26 of the United States Code, or Public Law 111–203 and other laws relating to financial regulation; or (vi) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, May 1, 2012. [FR Doc. 2012–10968 Filed 5–3–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 07:39 May 03, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\04MYE0.SGM 04MYE0 OB#1.EPS</GPH> erowe on DSK2VPTVN1PROD with MISCELLANEOUS

Promoting International Regulatory Cooperation

2012-05-01T00:00:00

4ea49d2d9a958ac5e167406d3917be832016d2e87df95056fe02e0181e37b3e6

Presidential Executive Order

2012-10884 (13608)

Presidential Documents 26409 Federal Register Vol. 77, No. 86 Thursday, May 3, 2012 Title 3— The President Executive Order 13608 of May 1, 2012 Prohibiting Certain Transactions With and Suspending Entry Into the United States of Foreign Sanctions Evaders With Re- spect to Iran and Syria 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, as amended (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, hereby find that efforts by foreign persons to engage in activities intended to evade U.S. economic and financial sanctions with respect to Iran and Syria under- mine our efforts to address the national emergencies declared in Executive Order 12957 of March 15, 1995, as relied on for additional steps in subsequent Executive Orders, in Executive Order 13338 of May 11, 2004, as modified in scope and relied on for additional steps in subsequent Executive Orders, in Executive Order 12938 of November 14, 1994, as relied on for additional steps in subsequent Executive Orders, and in Executive Order 13224 of September 23, 2001, as relied on for additional steps in subsequent Executive Orders, and in order to take additional steps pursuant to these national emergencies, I hereby order: Section 1. (a) The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to impose on a foreign person the measures described in subsection (b) of this section upon determining that the foreign person: (i) has violated, attempted to violate, conspired to violate, or caused a violation of any license, order, regulation, or prohibition contained in, or issued pursuant to: (A) any Executive Order relating to the national emergencies declared in Executive Order 12957 of March 15, 1995, or in Executive Order 13338 of May 11, 2004, as modified in scope in subsequent Executive Orders; or (B) to the extent such conduct relates to property and interests in property of any person subject to United States sanctions concerning Iran or Syria, Executive Order 13382 of June 28, 2005, any Executive Order subsequent to Executive Order 13382 of June 28, 2005, that relates to the national emergency declared in Executive Order 12938 of November 14, 1994, or any Executive Order relating to the national emergency de- clared in Executive Order 13224 of September 23, 2001; (ii) has facilitated deceptive transactions for or on behalf of any person subject to United States sanctions concerning Iran or Syria; or (iii) is owned or controlled by, or is acting or purporting to act for or on behalf of, directly or indirectly, any person determined to meet the criteria set forth in subsection (a) of this section. (b) With respect to any foreign person determined to meet the criteria set forth in subsection (a) of this section, the Secretary of the Treasury may prohibit all transactions or dealings, whether direct or indirect, involving such person, including any exporting, reexporting, importing, selling, pur- chasing, transporting, swapping, brokering, approving, financing, facilitating, VerDate Mar<15>2010 18:09 May 02, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03MYE0.SGM 03MYE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 26410 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Presidential Documents or guaranteeing, in or related to (i) any goods, services, or technology in or intended for the United States, or (ii) any goods, services, or technology provided by or to United States persons, wherever located. (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 date of this order. Sec. 2. 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 subject to the measures described in section 1 of this order would seriously impair my ability to deal with the national emergencies identified in the preamble to this order, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 3. The prohibitions in section 1 of this order include but are not limited to: (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person subject to the measures described in this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 4. I hereby find that 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 I hereby suspend the 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. 5. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 6. Nothing in section 1 of this order shall prohibit transactions for the conduct of the official business of the United States Government by employees, grantees, or contractors thereof. 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 in the United States; (d) the term ‘‘deceptive transaction’’ means any transaction where the identity of any person subject to United States sanctions concerning Iran or Syria is withheld or obscured from other participants in the transaction or any relevant regulatory authorities; (e) the term ‘‘person subject to United States sanctions concerning Iran or Syria’’ means (i) any person, including the Government of Iran or the Government of Syria, with whom transactions are restricted pursuant to any Executive Order relating to the national emergencies declared in Execu- tive Order 12957 of March 15, 1995, or in Executive Order 13338 of May 11, 2004, as modified in scope in subsequent Executive Orders, or (ii) VerDate Mar<15>2010 18:09 May 02, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\03MYE0.SGM 03MYE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 26411 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Presidential Documents any person whose property and interests in property are blocked pursuant to IEEPA in connection with Iran’s or Syria’s proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction, or Iran’s or Syria’s support for international terrorism; (f) the term ‘‘Government of Iran’’ means 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; and (g) the term ‘‘Government of Syria’’ means the Government of the Syrian Arab Republic, its agencies, instrumentalities, and controlled entities. Sec. 8. For those persons subject to the measures described in section 1 of 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 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 emergencies identified in the preamble to this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 9. The Secretary of the Treasury, in consultation with the Secretary of State, is 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 redelegate any of these functions to other officers and agencies of the United States Government 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. 10. 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. 11. The measures taken pursuant to this order with respect to Iran 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. THE WHITE HOUSE, May 1, 2012. [FR Doc. 2012–10884 Filed 5–2–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 18:09 May 02, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\03MYE0.SGM 03MYE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Prohibiting Certain Transactions With and Suspending Entry Into the United States of Foreign Sanctions Evaders With Respect to Iran and Syria

2012-05-01T00:00:00

6f978fb6185272f51801916e2607864f43cc2f2e70f414035001d797a9e66f20

Presidential Executive Order

2012-7636 (13604)

Presidential Documents 18887 Federal Register Vol. 77, No. 60 Wednesday, March 28, 2012 Title 3— The President Executive Order 13604 of March 22, 2012 Improving Performance of Federal Permitting and Review of 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 significantly reduce the aggregate time required to make decisions in the permitting and review of infrastructure projects by the Federal Government, while improving envi- ronmental and community outcomes, it is hereby ordered as follows: Section 1. Policy. (a) To maintain our Nation’s competitive edge and ensure an economy built to last, the United States must have fast, reliable, resilient, and environmentally sound means of moving people, goods, energy, and information. In a global economy, we will compete for the world’s invest- ments based in significant part on the quality of our infrastructure. Investing in the Nation’s infrastructure provides immediate and long-term economic benefits for local communities and the Nation as a whole. The quality of our Nation’s infrastructure depends in critical part on Federal permitting and review processes, including planning, approval, and consulta- tion processes. These processes inform decision-makers and affected commu- nities about the potential benefits and impacts of proposed infrastructure projects, and ensure that projects are designed, built, and maintained in a manner that is consistent with protecting our public health, welfare, safety, national security, and environment. Reviews and approvals of infrastructure projects can be delayed due to many factors beyond the control of the Federal Government, such as poor project design, incomplete applications, uncertain funding, or multiple reviews and approvals by State, local, tribal, or other jurisdictions. Given these factors, it is critical that executive depart- ments and agencies (agencies) take all steps within their authority, consistent with available resources, to execute Federal permitting and review processes with maximum efficiency and effectiveness, ensuring the health, safety, and security of communities and the environment while supporting vital eco- nomic growth. To achieve that objective, our Federal permitting and review processes must provide a transparent, consistent, and predictable path for both project spon- sors and affected communities. They must ensure that agencies set and adhere to timelines and schedules for completion of reviews, set clear permit- ting performance goals, and track progress against those goals. They must encourage early collaboration among agencies, project sponsors, and affected stakeholders in order to incorporate and address their interests and minimize delays. They must provide for transparency and accountability by utilizing cost-effective information technology to collect and disseminate information about individual projects and agency performance, so that the priorities and concerns of all our citizens are considered. They must rely upon early and active consultation with State, local, and tribal governments to avoid conflicts or duplication of effort, resolve concerns, and allow for concurrent rather than sequential reviews. They must recognize the critical role project sponsors play in assuring the timely and cost-effective review of projects by providing complete information and analysis and by supporting, as appro- priate, the costs associated with review. And, they must enable agencies to share priorities, work collaboratively and concurrently to advance reviews and permitting decisions, and facilitate the resolution of disputes at all levels of agency organization. VerDate Mar<15>2010 18:32 Mar 27, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 tkelley on DSK3SPTVN1PROD with PRES DOC 18888 Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Presidential Documents Each of these elements must be incorporated into routine agency practice to provide demonstrable improvements in the performance of Federal infra- structure permitting and review processes, including lower costs, more timely decisions, and a healthier and cleaner environment. Also, these elements must be integrated into project planning processes so that projects are de- signed appropriately to avoid, to the extent practicable, adverse impacts on public health, security, historic properties and other cultural resources, and the environment, and to minimize or mitigate impacts that may occur. Permitting and review process improvements that have proven effective must be expanded and institutionalized. (b) In advancing this policy, this order expands upon efforts undertaken pursuant to Executive Order 13580 of July 12, 2011 (Interagency Working Group on Coordination of Domestic Energy Development and Permitting in Alaska), Executive Order 13563 of January 18, 2011 (Improving Regulation and Regulatory Review), and my memorandum of August 31, 2011 (Speeding Infrastructure Development Through More Efficient and Effective Permitting and Environmental Review), as well as other ongoing efforts. Sec. 2. Steering Committee on Federal Infrastructure Permitting and Review Process Improvement. There is established a Steering Committee on Federal Infrastructure Permitting and Review Process Improvement (Steering Com- mittee), to be chaired by the Chief Performance Officer (CPO), in consultation with the Chair of the Council on Environmental Quality (CEQ). (a) Infrastructure Projects Covered by this Order. The Steering Committee shall facilitate improvements in Federal permitting and review processes for infrastructure projects in sectors including surface transportation, aviation, ports and waterways, water resource projects, renewable energy generation, electricity transmission, broadband, pipelines, and other such sectors as determined by the Steering Committee. (b) Membership. Each of the following agencies (Member Agencies) shall be represented on the Steering Committee by a Deputy Secretary or equivalent officer of the United States: (i) the Department of Defense; (ii) the Department of the Interior; (iii) the Department of Agriculture; (iv) the Department of Commerce; (v) the Department of Transportation; (vi) the Department of Energy; (vii) the Department of Homeland Security; (viii) the Environmental Protection Agency; (ix) the Advisory Council on Historic Preservation; (x) the Department of the Army; and (xi) such other agencies or offices as the CPO may invite to participate. (c) Projects of National or Regional Significance. In furtherance of the policies of this order, the Member Agencies shall coordinate and consult with each other to select, submit to the CPO by April 30, 2012, and periodi- cally update thereafter, a list of infrastructure projects of national or regional significance that will have their status tracked on the online Federal Infra- structure Projects Dashboard (Dashboard) created pursuant to my memo- randum of August 31, 2011. (d) Responsibilities of the Steering Committee. The Steering Committee shall: (i) develop a Federal Permitting and Review Performance Plan (Federal Plan), as described in section 3(a) of this order; (ii) implement the Federal Plan and coordinate resolution of disputes among Member Agencies relating to implementation of the Federal Plan; and VerDate Mar<15>2010 18:32 Mar 27, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 tkelley on DSK3SPTVN1PROD with PRES DOC 18889 Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Presidential Documents (iii) coordinate and consult with other agencies, offices, and interagency working groups as necessary, including the President’s Management Coun- cil and Performance Improvement Councils, and, with regard to use and expansion of the Dashboard, the Chief Information Officer (CIO) and Chief Technology Officer to implement this order. (e) Duties of the CPO. The CPO shall: (i) in consultation with the Chair of CEQ and Member Agencies, issue guidance on the implementation of this order; (ii) in consultation with Member Agencies, develop and track performance metrics for evaluating implementation of the Federal Plan and Agency Plans; and (iii) by January 31, 2013, and annually thereafter, after input from interested agencies, evaluate and report to the President on the implementation of the Federal Plan and Agency Plans, and publish the report on the Dashboard. (f) No Involvement in Particular Permits or Projects. Neither the Steering Committee, nor the CPO, may direct or coordinate agency decisions with respect to any particular permit or project. Sec. 3. Plans for Measurable Performance Improvement. (a) By May 31, 2012, the Steering Committee shall, following coordination with Member Agencies and other interested agencies, develop and publish on the Dash- board a Federal Plan to significantly reduce the aggregate time required to make Federal permitting and review decisions on infrastructure projects while improving outcomes for communities and the environment. The Fed- eral Plan shall include, but not be limited to, the following actions to implement the policies outlined in section 1 of this order, and shall reflect the agreement of any Member Agency with respect to requirements in the Federal Plan affecting such agency: (i) institutionalizing best practices for: enhancing Federal, State, local, and tribal government coordination on permitting and review processes (such as conducting reviews concurrently rather than sequentially to the extent practicable); avoiding duplicative reviews; and engaging with stake- holders early in the permitting process; (ii) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national and regional levels; (iii) institutionalizing use of the Dashboard, working with the CIO to enhance the Dashboard, and utilizing other cost-effective information tech- nology systems to share environmental and project-related information with the public, project sponsors, and permit reviewers; and (iv) identifying timeframes and Member Agency responsibilities for the implementation of each proposed action. (b) Each Member Agency shall: (i) by June 30, 2012, submit to the CPO an Agency Plan identifying those permitting and review processes the Member Agency views as most critical to significantly reducing the aggregate time required to make permit- ting and review decisions on infrastructure projects while improving out- comes for communities and the environment, and describing specific and measurable actions the agency will take to improve these processes, includ- ing: (1) performance metrics, including timelines or schedules for review; (2) technological improvements, such as institutionalized use of the Dashboard and other information technology systems; (3) other practices, such as pre-application procedures, early collabora- tion with other agencies, project sponsors, and affected stakeholders, and coordination with State, local, and tribal governments; and (4) steps the Member Agency will take to implement the Federal Plan. VerDate Mar<15>2010 18:32 Mar 27, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 tkelley on DSK3SPTVN1PROD with PRES DOC 18890 Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Presidential Documents (ii) by July 31, 2012, following coordination with other Member Agencies and interested agencies, publish its Agency Plan on the Dashboard; and (iii) by December 31, 2012, and every 6 months thereafter, report progress to the CPO on implementing its Agency Plan, as well as specific opportuni- ties for additional improvements to its permitting and review procedures. 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, 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 shall be implemented consistent with Executive Order 13175 of November 6, 2000 (Consultation and Coordination with Indian Tribal Governments) and my memorandum of November 5, 2009 (Tribal Consulta- tion). (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, March 22, 2012. [FR Doc. 2012–7636 Filed 3–27–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 18:32 Mar 27, 2012 Jkt 226001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 OB#1.EPS</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC

Improving Performance of Federal Permitting and Review of Infrastructure Projects

2012-03-22T00:00:00

4f6f2ebe111b27bda2e152fcd22758f2ac8d96e686d80183f7e46ed709686a2a

Presidential Executive Order

2012-10034 (13606)

Presidential Documents 24571 Federal Register Vol. 77, No. 79 Tuesday, April 24, 2012 Title 3— The President Executive Order 13606 of April 22, 2012 Blocking the Property and Suspending Entry Into the United States of Certain Persons With Respect to Grave Human Rights Abuses by the Governments of Iran and Syria via In- formation Technology 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, as amended (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, hereby determine that the commission of serious human rights abuses against the people of Iran and Syria by their governments, facilitated by computer and network disruption, monitoring, and tracking by those governments, and abetted by entities in Iran and Syria that are complicit in their govern- ments’ malign use of technology for those purposes, threaten the national security and foreign policy of the United States. The Governments of Iran and Syria are endeavoring to rapidly upgrade their technological ability to conduct such activities. Cognizant of the vital importance of providing technology that enables the Iranian and Syrian people to freely communicate with each other and the outside world, as well as the preservation, to the extent possible, of global telecommunications supply chains for essential products and services to enable the free flow of information, the measures in this order are designed primarily to address the need to prevent entities located in whole or in part in Iran and Syria from facilitating or committing serious human rights abuses. In order to take additional steps with respect to the national emergencies declared in Executive Order 12957 of March 15, 1995, as relied upon for additional steps in subsequent Executive Orders, and in Executive Order 13338 of May 11, 2004, as modified in scope and relied upon for additional steps in subsequent Executive Orders, and to address the situation described above, I hereby order: Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, including any foreign branch, 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; and (ii) any person determined by the Secretary of the Treasury, in consultation with or at the recommendation of the Secretary of State: (A) to have operated, or to have directed the operation of, information and communications technology that facilitates computer or network dis- ruption, monitoring, or tracking that could assist in or enable serious human rights abuses by or on behalf of the Government of Iran or the Government of Syria; (B) to have sold, leased, or otherwise provided, directly or indirectly, goods, services, or technology to Iran or Syria likely to be used to facilitate computer or network disruption, monitoring, or tracking that could assist in or enable serious human rights abuses by or on behalf of the Government of Iran or the Government of Syria; VerDate Mar<15>2010 15:52 Apr 23, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\24APE0.SGM 24APE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 24572 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Presidential Documents (C) to have 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)(ii)(A) and (B) of this section or any person whose property and interests in property are blocked pursu- ant to this order; or (D) 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 effective date of this order. Sec. 2. 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 this order would seriously impair my ability to deal with the two national emergencies identified in the preamble to this order, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 3. The prohibitions in section 1 of this order include but are not limited to: (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 4. I hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens who meet one or more of the criteria in section 1 of this order would be detrimental to the interests of the United States, and I hereby suspend the 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. 5. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 6. Nothing in section 1 of this order shall prohibit transactions for the conduct of the official business of the United States Government by employees, grantees, or contractors thereof. Sec. 7. For the purposes of this order: (a) the term ‘‘person’’ means an individual or entity; (b) the term ‘‘information and communications technology’’ means any hardware, software, or other product or service primarily intended to fulfill or enable the function of information processing and communication by electronic means, including transmission and display, including via the Internet; (c) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (d) 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; VerDate Mar<15>2010 15:52 Apr 23, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\24APE0.SGM 24APE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 24573 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Presidential Documents (e) the term ‘‘Government of Iran’’ means 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; and (f) the term ‘‘Government of Syria’’ means the Government of the Syrian Arab Republic, its agencies, instrumentalities, and controlled entities. 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 pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the two national emergencies identified in the preamble to this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 9. The Secretary of the Treasury, in consultation with the Secretary of State, is 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 redelegate any of these functions to other officers and agencies of the United States Government 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. 10. The Secretary of the Treasury, in consultation with the Secretary of State, 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. 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. 12. The measures taken pursuant to this order with respect to Iran 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. 13. This order is effective at 12:01 a.m. eastern daylight time on April 23, 2012. THE WHITE HOUSE, April 22, 2012. Billing code 3295–F2–P VerDate Mar<15>2010 15:52 Apr 23, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\24APE0.SGM 24APE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0 24574 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Presidential Documents [FR Doc. 2012–10034 Filed 4–23–12; 11:15 am] Billing code 4811–33–C VerDate Mar<15>2010 15:52 Apr 23, 2012 Jkt 226001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\24APE0.SGM 24APE0 ED24AP12.007</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Blocking the Property and Suspending Entry Into the United States of Certain Persons With Respect to Grave Human Rights Abuses by the Governments of Iran and Syria via Information Technology

2012-04-22T00:00:00

e7516b17c5310438a28eab440156da9d3ca980b7d7163bb30fbc7b159444c939

Presidential Executive Order

2012-6797 (13602)

Presidential Documents 16131 Federal Register Vol. 77, No. 54 Tuesday, March 20, 2012 Title 3— The President Executive Order 13602 of March 15, 2012 Establishing a White House Council on Strong Cities, Strong Communities By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to forge a partnership with local communities to provide them with comprehensive technical assist- ance to use and compete for Federal resources more effectively and effi- ciently, which will enable them to develop and implement economic strate- gies to become more competitive, sustainable, and inclusive, it is hereby ordered as follows: Section 1. Policy. Cities, towns, and regions across our Nation continue to face difficult economic challenges. Enhancing current Federal assistance is helping to lift communities out of distress. To allow the Federal Govern- ment to better partner with these local communities to build local capacity to address economic issues, and to support comprehensive planning and regional collaboration, my Administration established the Strong Cities, Strong Communities (SC2) pilot initiative. By partnering with cities and regions to augment their vision for stability and economic growth, the SC2 was designed to help communities strengthen their capacity to create jobs and more competitive business climates, and implement locally driven com- munity and regional planning approaches that lead to sustained economic growth, as well as ensure that Federal assistance is more efficiently provided and used. This order improves the way the Federal Government engages with and supports local communities by better aligning resources and coordinating efforts across executive departments and agencies (agencies) so that commu- nities across the country have access to comprehensive, localized technical assistance and planning resources to develop and implement their economic vision and strategies. Sec. 2. White House Council on Strong Cities, Strong Communities. There is established a White House Council on Strong Cities, Strong Communities (Council) within the Department of Housing and Urban Development, to be chaired by the Secretary of Housing and Urban Development and the Assistant to the President for Domestic Policy (Co-Chairs). (a) Membership. In addition to the Co-Chairs, the Council shall consist of the following members: (i) the Secretary of the Treasury; (ii) the Secretary of Defense; (iii) the Attorney General; (iv) the Secretary of the Interior; (v) the Secretary of Agriculture; (vi) the Secretary of Commerce; (vii) the Secretary of Labor; (viii) the Secretary of Health and Human Services; (ix) the Secretary of Transportation; (x) the Secretary of Energy; (xi) the Secretary of Education; VerDate Mar<15>2010 15:34 Mar 19, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\20MRE0.SGM 20MRE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC1 16132 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Presidential Documents (xii) the Secretary of Veterans Affairs; (xiii) the Secretary of Homeland Security; (xiv) the Chair of the Council of Economic Advisers; (xv) the Administrator of the Environmental Protection Agency; (xvi) the Director of the Office of Management and Budget; (xvii) the Administrator of General Services; (xviii) the Administrator of the Small Business Administration; (xix) the Chief Executive Officer of the Corporation for National and Community Service; (xx) the Chairperson of the National Endowment for the Arts; (xxi) the Senior Advisor and Assistant to the President for Intergovern- mental Affairs and Public Engagement; (xxii) the Assistant to the President and Cabinet Secretary; (xxiii) the Assistant to the President for Economic Policy; (xxiv) the Chair of the Council on Environmental Quality; (xxv) the Director of the Office of Science and Technology Policy; and (xxvi) the heads of such other agencies and offices as the President may, from time to time, designate. A member of the Council may designate, to perform the Council functions of the member, a senior-level official who is a part of the member’s agency or office, and who is a full-time officer or employee of the Federal Govern- ment. (b) Administration. The Co-Chairs shall convene regular meetings of the Council, determine its agenda, and direct its work. The Secretary of Housing and Urban Development shall appoint an Executive Director of the Council to coordinate the Council’s activities. At the direction of the Co-Chairs, the Council may establish subgroups consisting exclusively of Council mem- bers or their designees, as appropriate. Agencies may detail staff to the Council to support its coordination and implementation efforts. Sec. 3. Mission and Function of the Council. The Council shall, to the extent permitted by law, work across agencies and offices to: (a) coordinate the development and implementation of the various compo- nents of the SC2, as determined by the Co-Chairs; (b) coordinate agency efforts to ensure communities have access to com- prehensive, localized technical assistance and planning resources to develop and execute their economic vision and strategies (including, where appro- priate, efforts of existing committees or taskforces related to providing tech- nical assistance to local governments and improving their capacity to address economic issues); (c) ensure that members of the Council incorporate SC2 implementation efforts into their agency annual performance plans and those efforts’ outcomes into their annual performance results; (d) provide recommendations to the President, through the Co-Chairs on: (i) policies for building local expertise in strengthening local economies; (ii) changes to Federal policies and programs to address issues of special importance to cities and local governments that pertain to local capacity and economic growth; (iii) implementing best practices from the SC2 initiative Government-wide to better support cities and local governments; and (iv) opportunities to increase the flexible utilization of existing Federal program resources across agencies to enable more performance and out- come-based funding; VerDate Mar<15>2010 15:34 Mar 19, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\20MRE0.SGM 20MRE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC1 16133 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Presidential Documents (e) encourage the development of technical assistance, planning, and fi- nancing tools and implementation strategies that can be coordinated or aligned across agencies to assist communities in building local capacity to address economic issues, engaging in comprehensive planning, and ad- vancing regional collaboration; and (f) facilitate the exchange of ideas and strategies to help communities address economic challenges and create sustained economic opportunity. Sec. 4. Outreach. Consistent with the objectives set forth in this order, the Council, in accordance with applicable law, shall conduct outreach to representatives of nonprofit organizations, businesses, labor organizations, State and local government agencies, school districts, elected officials, faith and other community-based organizations, philanthropies, other institutions of local importance, and other interested persons with relevant expertise in the expansion and improvement of efforts to build local capacity to address economic issues in cities and communities. The Council will convene an annual meeting of interested parties—including mayors and city employ- ees—to share key findings and progress, offer best practices, and promote strategies that have worked in communities participating in the initiative. Sec. 5. Reports. Within 1 year of the date of this order, and annually thereafter, the Executive Director shall provide a report to the Co-Chairs on the work of the Council and its achievements during the year, including demonstrable changes in the capacity of local communities to implement their economic development goals and efforts to achieve more efficient and effective use of Federal resources. 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 to implement this order. Each agency shall bear its own expense for participating in the Council. (b) 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. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Mar<15>2010 15:34 Mar 19, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\20MRE0.SGM 20MRE0 wreier-aviles on DSK5TPTVN1PROD with PRESDOC1 16134 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Presidential Documents (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, March 15, 2012. [FR Doc. 2012–6797 Filed 3–19–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 15:34 Mar 19, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\20MRE0.SGM 20MRE0 OB#1.EPS</GPH> wreier-aviles on DSK5TPTVN1PROD with PRESDOC1

Establishing a White House Council on Strong Cities, Strong Communities

2012-03-15T00:00:00

1fa54109adb3488a18e72e95f38126184aa8df630ea041f0f57756876ad391fd

Presidential Executive Order

2012-7019 (13603)

Presidential Documents 16651 Federal Register Vol. 77, No. 56 Thursday, March 22, 2012 Title 3— The President Executive Order 13603 of March 16, 2012 National Defense Resources Preparedness By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and section 301 of title 3, United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows: PART I—PURPOSE, POLICY, AND IMPLEMENTATION Section 101. Purpose. This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the ‘‘Act’’). Sec. 102. Policy. The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contrib- uting to the technological superiority of its national defense equipment in peacetime and in times of national emergency. The domestic industrial and technological base is the foundation for national defense preparedness. The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States. Sec. 103. General Functions. Executive departments and agencies (agencies) responsible for plans and programs relating to national defense (as defined in section 801(j) of this order), or for resources and services needed to support such plans and programs, shall: (a) identify requirements for the full spectrum of emergencies, including essential military and civilian demand; (b) assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel; (c) be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements; (d) improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements; and (e) foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, services, compo- nents, and equipment to enhance industrial base efficiency and responsive- ness. Sec. 104. Implementation. (a) The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation of national defense resource preparedness policy and shall make rec- ommendations to the President on the use of authorities under the Act. (b) The Secretary of Homeland Security shall: (1) advise the President on issues of national defense resource preparedness and on the use of the authorities and functions delegated by this order; VerDate Mar<15>2010 17:10 Mar 21, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\22MRE0.SGM 22MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16652 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Presidential Documents (2) provide for the central coordination of the plans and programs incident to authorities and functions delegated under this order, and provide guid- ance to agencies assigned functions under this order, developed in con- sultation with such agencies; and (3) report to the President periodically concerning all program activities conducted pursuant to this order. (c) The Defense Production Act Committee, described in section 701 of this order, shall: (1) in a manner consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b), advise the President through the Assistant to the President and National Security Advisor, the Assistant to the President for Homeland Security and Counterterrorism, and the Assistant to the President for Eco- nomic Policy on the effective use of the authorities under the Act; and (2) prepare and coordinate an annual report to the Congress pursuant to section 722(d) of the Act, 50 U.S.C. App. 2171(d). (d) The Secretary of Commerce, in cooperation with the Secretary of Defense, the Secretary of Homeland Security, and other agencies, shall: (1) analyze potential effects of national emergencies on actual production capability, taking into account the entire production system, including shortages of resources, and develop recommended preparedness measures to strengthen capabilities for production increases in national emergencies; and (2) perform industry analyses to assess capabilities of the industrial base to support the national defense, and develop policy recommendations to improve the international competitiveness of specific domestic industries and their abilities to meet national defense program needs. PART II—PRIORITIES AND ALLOCATIONS Sec. 201. Priorities and Allocations Authorities. (a) The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071, to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over perform- ance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads: (1) the Secretary of Agriculture with respect to food resources, food re- source facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer; (2) the Secretary of Energy with respect to all forms of energy; (3) the Secretary of Health and Human Services with respect to health resources; (4) the Secretary of Transportation with respect to all forms of civil trans- portation; (5) the Secretary of Defense with respect to water resources; and (6) the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials. (b) The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions. Each Secretary shall authorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for materials, services, and facilities needed in support of programs approved under section 202 of this order. (c) Each resource department shall act, as necessary and appropriate, upon requests for special priorities assistance, as defined by section 801(l) VerDate Mar<15>2010 17:10 Mar 21, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\22MRE0.SGM 22MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16653 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Presidential Documents of this order, in a time frame consistent with the urgency of the need at hand. In situations where there are competing program requirements for limited resources, the resource department shall consult with the Sec- retary who made the required determination under section 202 of this order. Such Secretary shall coordinate with and identify for the resource department which program requirements to prioritize on the basis of operational urgency. In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which program requirements should receive priority on the basis of operational urgency. (d) If agreement cannot be reached between two such Secretaries, then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. (e) The Secretary of each resource department, when necessary, shall make the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b). This finding shall be submitted for the President’s approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution of any material (including applicable services) in the civilian market. Sec. 202. Determinations. Except as provided in section 201(e) of this order, the authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense: (a) by the Secretary of Defense with respect to military production and construction, military assistance to foreign nations, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities; (b) by the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and (c) by the Secretary of Homeland Security with respect to all other national defense programs, including civil defense and continuity of Government. Sec. 203. Maximizing Domestic Energy Supplies. The authorities of the Presi- dent under section 101(c)(1)–(2) of the Act, 50 U.S.C. App. 2071(c)(1)– (2), are delegated to the Secretary of Commerce, with the exception that the authority to make findings that materials (including equipment), services, and facilities are critical and essential, as described in section 101(c)(2)(A) of the Act, 50 U.S.C. App. 2071(c)(2)(A), is delegated to the Secretary of Energy. Sec. 204. Chemical and Biological Warfare. The authority of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b), is delegated to the Secretary of Defense. This authority may not be further delegated by the Secretary. PART III—EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY Sec. 301. Loan Guarantees. (a) To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense, as defined in section 801(h) of this order, is authorized pursuant to section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by private institutions. (b) Each guaranteeing agency is designated and authorized to: (1) act as fiscal agent in the making of its own guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act; and (2) contract with any Federal Reserve Bank to assist the agency in serving as fiscal agent. VerDate Mar<15>2010 17:10 Mar 21, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\22MRE0.SGM 22MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16654 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Presidential Documents (c) Terms and conditions of guarantees under this authority shall be deter- mined in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget (OMB). The guaranteeing agency is authorized, following such consultation, to prescribe: (1) either specifically or by maximum limits or otherwise, rates of interest, guarantee and commit- ment fees, and other charges which may be made in connection with such guarantee contracts; and (2) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection therewith. Sec. 302. Loans. To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092, to make loans thereunder. Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB. Sec. 303. Additional Authorities. (a) To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303 of the Act, 50 U.S.C. App. 2093, to make provision for purchases of, or commit- ments to purchase, an industrial resource or a critical technology item for Government use or resale, and to make provision for the development of production capabilities, and for the increased use of emerging technologies in security program applications, and to enable rapid transition of emerging technologies. (b) Materials acquired under section 303 of the Act, 50 U.S.C. App. 2093, that exceed the needs of the programs under the Act may be transferred to the National Defense Stockpile, if, in the judgment of the Secretary of Defense as the National Defense Stockpile Manager, such transfers are in the public interest. Sec. 304. Subsidy Payments. To ensure the supply of raw or nonprocessed materials from high-cost sources, or to ensure maximum production or supply in any area at stable prices of any materials in light of a temporary increase in transportation cost, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(c) of the Act, 50 U.S.C. App. 2093(c), to make subsidy payments, after consultation with the Secretary of the Treasury and the Director of OMB. Sec. 305. Determinations and Findings. (a) Pursuant to budget authority provided by an appropriations act in advance for credit assistance under section 301 or 302 of the Act, 50 U.S.C. App. 2091, 2092, and consistent with the Federal Credit Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head of each agency engaged in procurement for the national defense is delegated the authority to make the determinations set forth in sections 301(a)(2) and 302(b)(2) of the Act, in consultation with the Secretary making the required determination under section 202 of this order; provided, that such determinations shall be made after due consideration of the provisions of OMB Circular A–129 and the credit subsidy score for the relevant loan or loan guarantee as approved by OMB pursuant to FCRA. (b) Other than any determination by the President under section 303(a)(7)(b) of the Act, the head of each agency engaged in procurement for the national defense is delegated the authority to make the required determinations, judgments, certifications, findings, and notifications defined under section 303 of the Act, 50 U.S.C. App. 2093, in consultation with the Secretary making the required determination under section 202 of this order. Sec. 306. Strategic and Critical Materials. The Secretary of Defense, and the Secretary of the Interior in consultation with the Secretary of Defense as the National Defense Stockpile Manager, are each delegated the authority of the President under section 303(a)(1)(B) of the Act, 50 U.S.C. App. VerDate Mar<15>2010 17:10 Mar 21, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\22MRE0.SGM 22MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16655 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Presidential Documents 2093(a)(1)(B), to encourage the exploration, development, and mining of strategic and critical materials and other materials. Sec. 307. Substitutes. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(g) of the Act, 50 U.S.C. App. 2093(g), to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other resources to aid the national defense. Sec. 308. Government-Owned Equipment. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to: (a) procure and install additional equipment, facilities, processes, or im- provements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government-owned equip- ment in plants, factories, or other industrial facilities owned by private persons; (b) provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 2091, 2092, 2093; and (c) sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to the owners of such plants, factories, or other industrial facilities. Sec. 309. Defense Production Act Fund. The Secretary of Defense is des- ignated the Defense Production Act Fund Manager, in accordance with sec- tion 304(f) of the Act, 50 U.S.C. App. 2094(f), and shall carry out the duties specified in section 304 of the Act, in consultation with the agency heads having approved, and appropriated funds for, projects under title III of the Act. Sec. 310. Critical Items. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to ensure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobiliza- tion, and national emergency. Appropriate action may include restricting contract solicitations to reliable sources, restricting contract solicitations to domestic sources (pursuant to statutory authority), stockpiling critical compo- nents, and developing substitutes for critical components or critical tech- nology items. Sec. 311. Strengthening Domestic Capability. The head of each agency en- gaged in procurement for the national defense is delegated the authority of the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a), to utilize the authority of title III of the Act or any other provision of law to provide appropriate incentives to develop, maintain, modernize, re- store, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States. Sec. 312. Modernization of Equipment. The head of each agency engaged in procurement for the national defense, in accordance with section 108(b) of the Act, 50 U.S.C. App. 2078(b), may utilize the authority of title III of the Act to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of the Act. In considering title III projects, the head of each agency engaged in procurement for the national defense shall provide a strong preference for proposals submitted by a small business supplier or subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2). VerDate Mar<15>2010 17:10 Mar 21, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\22MRE0.SGM 22MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16656 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Presidential Documents PART IV—VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES Sec. 401. Delegations. The authority of the President under sections 708(c) and (d) of the Act, 50 U.S.C. App. 2158(c), (d), is delegated to the heads of agencies otherwise delegated authority under this order. The status of the use of such delegations shall be furnished to the Secretary of Homeland Security. Sec. 402. Advisory Committees. The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services. Sec. 403. Regulations. The Secretary of Homeland Security, after approval of the Attorney General, and after consultation by the Attorney General with the Chairman of the Federal Trade Commission, shall promulgate rules pursuant to section 708(e) of the Act, 50 U.S.C. App. 2158(e), incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out. Such rules may be adopted by other agencies to fulfill the rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e). PART V—EMPLOYMENT OF PERSONNEL Sec. 501. National Defense Executive Reserve. (a) In accordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e), there is established in the executive branch a National Defense Executive Reserve (NDER) composed of persons of recognized expertise from various segments of the private sector and from Government (except full-time Federal employees) for training for em- ployment in executive positions in the Federal Government in the event of a national defense emergency. (b) The Secretary of Homeland Security shall issue necessary guidance for the NDER program, including appropriate guidance for establishment, recruitment, training, monitoring, and activation of NDER units and shall be responsible for the overall coordination of the NDER program. The author- ity of the President under section 710(e) of the Act, 50 U.S.C. App. 2160(e), to determine periods of national defense emergency is delegated to the Secretary of Homeland Security. (c) The head of any agency may implement section 501(a) of this order with respect to NDER operations in such agency. (d) The head of each agency with an NDER unit may exercise the authority under section 703 of the Act, 50 U.S.C. App. 2153, to employ civilian personnel when activating all or a part of its NDER unit. The exercise of this authority shall be subject to the provisions of sections 501(e) and (f) of this order and shall not be redelegated. (e) The head of an agency may activate an NDER unit, in whole or in part, upon the written determination of the Secretary of Homeland Security that an emergency affecting the national defense exists and that the activation of the unit is necessary to carry out the emergency program functions of the agency. (f) Prior to activating the NDER unit, the head of the agency shall notify, in writing, the Assistant to the President for Homeland Security and Counter- terrorism of the impending activation. Sec. 502. Consultants. The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b), (c), to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section may not be redelegated. VerDate Mar<15>2010 17:10 Mar 21, 2012 Jkt 226001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\22MRE0.SGM 22MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16657 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Presidential Documents PART VI—LABOR REQUIREMENTS Sec. 601. Secretary of Labor. (a) The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall: (1) collect and maintain data necessary to make a continuing appraisal of the Nation’s workforce needs for purposes of national defense; (2) upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services; (3) upon request from the head of an agency with authority under this order, consult with that agency with respect to: (i) the effect of con- templated actions on labor demand and utilization; (ii) the relation of labor demand to materials and facilities requirements; and (iii) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor; (4) upon request from the head of an agency with authority under this order: (i) formulate plans, programs, and policies for meeting the labor requirements of actions to be taken for national defense purposes; and (ii) estimate training needs to help address national defense requirements and promote necessary and appropriate training programs; and (5) develop and implement an effective labor-management relations policy to support the activities and programs under this order, with the coopera- tion of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service. (b) All agencies shall cooperate with the Secretary of Labor, upon request, for the purposes of this section, to the extent permitted by law. PART VII—DEFENSE PRODUCTION ACT COMMITTEE Sec. 701. The Defense Production Act Committee. (a) The Defense Production Act Committee (Committee) shall be composed of the following members, in accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b): (1) The Secretary of State; (2) The Secretary of the Treasury; (3) The Secretary of Defense; (4) The Attorney General; (5) The Secretary of the Interior; (6) The Secretary of Agriculture; (7) The Secretary of Commerce; (8) The Secretary of Labor; (9) The Secretary of Health and Human Services; (10) The Secretary of Transportation; (11) The Secretary of Energy; (12) The Secretary of Homeland Security; (13) The Director of National Intelligence; (14) The Director of the Central Intelligence Agency; (15) The Chair of the Council of Economic Advisers; (16) The Administrator of the National Aeronautics and Space Administra- tion; and (17) The Administrator of General Services. VerDate Mar<15>2010 17:10 Mar 21, 2012 Jkt 226001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\22MRE0.SGM 22MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16658 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Presidential Documents (b) The Director of OMB and the Director of the Office of Science and Technology Policy shall be invited to participate in all Committee meetings and activities in an advisory role. The Chairperson, as designated by the President pursuant to section 722 of the Act, 50 U.S.C. App. 2171, may invite the heads of other agencies or offices to participate in Committee meetings and activities in an advisory role, as appropriate. Sec. 702. Offsets. The Secretary of Commerce shall prepare and submit to the Congress the annual report required by section 723 of the Act, 50 U.S.C. App. 2172, in consultation with the Secretaries of State, the Treasury, Defense, and Labor, the United States Trade Representative, the Director of National Intelligence, and the heads of other agencies as appropriate. The heads of agencies shall provide the Secretary of Commerce with such information as may be necessary for the effective performance of this func- tion. PART VIII—GENERAL PROVISIONS Sec. 801. Definitions. In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152, the following definitions apply throughout this order: (a) ‘‘Civil transportation’’ includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities. ‘‘Civil transportation’’ also shall include direction, control, and coordination of civil transportation capacity regardless of ownership. ‘‘Civil transportation’’ shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly. (b) ‘‘Energy’’ means all forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy. (c) ‘‘Farm equipment’’ means equipment, machinery, and repair parts man- ufactured for use on farms in connection with the production or preparation for market use of food resources. (d) ‘‘Fertilizer’’ means any product or combination of products that contain one or more of the elements nitrogen, phosphorus, and potassium for use as a plant nutrient. (e) ‘‘Food resources’’ means all commodities and products, (simple, mixed, or compound), or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. ‘‘Food resources’’ also means potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product. (f) ‘‘Food resource facilities’’ means plants, machinery, vehicles (including on farm), and other facilities required for the production, processing, distribu- tion, and storage (including cold storage) of food resources, and for the domestic distribution of farm equipment and fertilizer (excluding transpor- tation thereof). (g) ‘‘Functions’’ include powers, duties, authority, responsibilities, and discretion. VerDate Mar<15>2010 17:10 Mar 21, 2012 Jkt 226001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\22MRE0.SGM 22MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16659 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Presidential Documents (h) ‘‘Head of each agency engaged in procurement for the national defense’’ means the heads of the Departments of State, Justice, the Interior, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, the National Aeronautics and Space Administra- tion, the General Services Administration, and all other agencies with author- ity delegated under section 201 of this order. (i) ‘‘Health resources’’ means drugs, biological products, medical devices, materials, facilities, health supplies, services and equipment required to diagnose, mitigate or prevent the impairment of, improve, treat, cure, or restore the physical or mental health conditions of the population. (j) ‘‘National defense’’ means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activ- ity. Such term includes emergency preparedness activities conducted pursu- ant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection and restoration. (k) ‘‘Offsets’’ means compensation practices required as a condition of purchase in either government-to-government or commercial sales of defense articles and/or defense services as defined by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22 C.F.R. 120.1–130.17. (l) ‘‘Special priorities assistance’’ means action by resource departments to assist with expediting deliveries, placing rated orders, locating suppliers, resolving production or delivery conflicts between various rated orders, ad- dressing problems that arise in the fulfillment of a rated order or other action authorized by a delegated agency, and determining the validity of rated orders. (m) ‘‘Strategic and critical materials’’ means materials (including energy) that (1) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (2) are not found or produced in the United States in sufficient quantities to meet such need and are vulnerable to the termination or reduction of the availability of the material. (n) ‘‘Water resources’’ means all usable water, from all sources, within the jurisdiction of the United States, that can be managed, controlled, and allocated to meet emergency requirements, except ‘‘water resources’’ does not include usable water that qualifies as ‘‘food resources.’’ Sec. 802. General. (a) Except as otherwise provided in section 802(c) of this order, the authorities vested in the President by title VII of the Act, 50 U.S.C. App. 2151 et seq., are delegated to the head of each agency in carrying out the delegated authorities under the Act and this order, by the Secretary of Labor in carrying out part VI of this order, and by the Secretary of the Treasury in exercising the functions assigned in Executive Order 11858, as amended. (b) The authorities that may be exercised and performed pursuant to section 802(a) of this order shall include: (1) the power to redelegate authorities, and to authorize the successive redelegation of authorities to agencies, officers, and employees of the Government; and (2) the power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155, with respect to (i) authorities delegated in parts II, III, and section 702 of this order, and (ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858, as amended, provided that the subpoena power referenced in subsections (i) and (ii) shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer identified in section 802(a) of this order or by such other person or persons as the officer shall designate. VerDate Mar<15>2010 17:10 Mar 21, 2012 Jkt 226001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\22MRE0.SGM 22MRE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 16660 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Presidential Documents (c) Excluded from the authorities delegated by section 802(a) of this order are authorities delegated by parts IV and V of this order, authorities in section 721 and 722 of the Act, 50 U.S.C. App. 2170–2171, and the authority with respect to fixing compensation under section 703 of the Act, 50 U.S.C. App. 2153. Sec. 803. Authority. (a) Executive Order 12919 of June 3, 1994, and sections 401(3)–(4) of Executive Order 12656 of November 18, 1988, are revoked. All other previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent with this order or are subsequently amended or revoked under proper authority. Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act. (b) Nothing in this order shall affect the authorities assigned under Execu- tive Order 11858 of May 7, 1975, as amended, except as provided in section 802 of this order. (c) Nothing in this order shall affect the authorities assigned under Execu- tive Order 12472 of April 3, 1984, as amended. Sec. 804. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect functions of the Director of OMB relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, March 16, 2012. [FR Doc. 2012–7019 Filed 3–21–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 17:10 Mar 21, 2012 Jkt 226001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\22MRE0.SGM 22MRE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

National Defense Resources Preparedness

2012-03-16T00:00:00

3d08874d93d168b367a72bfeb9ba35fc584db645e701f54a8a6914b45790fb33

Presidential Executive Order

2012-5366 (13601)

Presidential Documents 12981 Federal Register Vol. 77, No. 43 Monday, March 5, 2012 Title 3— The President Executive Order 13601 of February 28, 2012 Establishment of the Interagency Trade Enforcement Center 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 U.S. foreign policy and protect the national and economic security of the United States through strengthened and coordinated enforcement of U.S. trade rights under international trade agreements and enforcement of domestic trade laws, it is hereby ordered as follows: Section 1. Policy. Robust monitoring and enforcement of U.S. rights under international trade agreements, and enforcement of domestic trade laws, are crucial to expanding exports and ensuring U.S. workers, businesses, ranchers, and farmers are able to compete on a level playing field with foreign trade partners. To strengthen our capacity to monitor and enforce U.S. trade rights and domestic trade laws, and thereby enhance market access for U.S. exporters, executive departments and agencies (agencies) must coordinate and augment their efforts to identify and reduce or eliminate foreign trade barriers and unfair foreign trade practices to ensure that U.S. workers, businesses, ranchers, and farmers receive the maximum benefit from our international trade agreements and under domestic trade laws. Sec. 2. Establishment. (a) There is established within the Office of the United States Trade Representative (USTR) an Interagency Trade Enforcement Center (Center). (b) The Center shall coordinate matters relating to enforcement of U.S. trade rights under international trade agreements and enforcement of domes- tic trade laws among USTR and the following agencies: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Justice; (iv) the Department of Agriculture; (v) the Department of Commerce; (vi) the Department of Homeland Security; (vii) the Office of the Director of National Intelligence; and (viii) other agencies as the President, or the United States Trade Representa- tive, may designate. In matters relating to the enforcement of U.S. trade rights involving intellec- tual property rights, the Center shall consult with the Intellectual Property Enforcement Coordinator. (c) The Center shall have a Director, who shall be a full-time senior- level official of USTR, designated by and reporting to the United States Trade Representative. The Center shall have a Deputy Director, who shall be a full-time senior-level official of the Department of Commerce, designated by the Secretary of Commerce, detailed to the Center and reporting to the Director. The Center shall also have an Intelligence Community Liaison, who shall be a full-time senior-level official of the Federal Government recommended by the Director of National Intelligence and designated by his or her agency, as applicable, to be detailed or assigned to the Center. (d) To the extent permitted by law and subject to the availability of appropriations, and in consultation with the Director of the Center, agencies 12982 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Presidential Documents enumerated in subsection (b) of this section, and others in the Intelligence Community recommended by the Director of National Intelligence, are en- couraged to detail or assign their employees to the Center without reimburse- ment to support the mission and functions of the Center as described in section 3 of this order. Sec. 3. Mission and Functions. The Center shall: (a) serve as the primary forum within the Federal Government for USTR and other agencies to coordinate enforcement of U.S. trade rights under international trade agreements and enforcement of domestic trade laws; (b) coordinate among USTR, other agencies with trade related responsibil- ities, and the U.S. Intelligence Community the exchange of information related to potential violations of international trade agreements by our foreign trade partners; and (c) conduct outreach to U.S. workers, businesses, and other interested persons to foster greater participation in the identification and reduction or elimination of foreign trade barriers and unfair foreign trade practices. Sec. 4. Administration. (a) Funding and administrative support for the Center shall be provided by USTR to the extent permitted by law and subject to the availability of appropriations. (b) The United States Trade Representative, through the Director of the Center, shall direct the work of the Center in performing all of its functions under this order. Sec. 5. Definitions. For the purposes of this order: (a) the term ‘‘U.S. trade rights’’ means any right, benefit or advantage to which the United States is entitled under an international trade agreement and that could be effectuated through the use of a dispute settlement pro- ceeding. (b) the term ‘‘domestic trade laws’’ means any trade remedies available under U.S. law, including, but not limited to, sections 201, 301, 406, and 421 of the Trade Act of 1974, as amended (19 U.S.C. 2251, 2411, 2436, and 2451); sections 332 and 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1332 and 1337); section 281 of the Uruguay Round Agreements Act (19 U.S.C. 3571); and self-initiation of investigations under Title VII of the Tariff Act of 1930 (19 U.S.C. 1671). 12983 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Presidential Documents 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) authority granted by law, regulation, Executive Order, or Presidential Directive to an executive department, agency, or head thereof; or (ii) functions of the Director of the Office of Management and Budget 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. THE WHITE HOUSE, February 28, 2012. [FR Doc. 2012–5366 Filed 3–2–12; 8:45 am] Billing code 3295–F2–P

Establishment of the Interagency Trade Enforcement Center

2012-02-28T00:00:00

66547b40b0a23166b53a2f9ef377b6edb4898745338f12c1cddac4f6b3270f42

Presidential Executive Order

2012-9473 (13605)

Presidential Documents 23107 Federal Register Vol. 77, No. 74 Tuesday, April 17, 2012 Title 3— The President Executive Order 13605 of April 13, 2012 Supporting Safe and Responsible Development of Unconven- tional Domestic Natural Gas Resources By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to coordinate the efforts of Federal agencies responsible for overseeing the safe and responsible devel- opment of unconventional domestic natural gas resources and associated infrastructure and to help reduce our dependence on oil, it is hereby ordered as follows: Section 1. Policy. In 2011, natural gas provided 25 percent of the energy consumed in the United States. Its production creates jobs and provides economic benefits to the entire domestic production supply chain, as well as to chemical and other manufacturers, who benefit from lower feedstock and energy costs. By helping to power our transportation system, greater use of natural gas can also reduce our dependence on oil. And with appro- priate safeguards, natural gas can provide a cleaner source of energy than other fossil fuels. For these reasons, it is vital that we take full advantage of our natural gas resources, while giving American families and communities confidence that natural and cultural resources, air and water quality, and public health and safety will not be compromised. While natural gas production is carried out by private firms, and States are the primary regulators of onshore oil and gas activities, the Federal Government has an important role to play by regulating oil and gas activities on public and Indian trust lands, encouraging greater use of natural gas in transportation, supporting research and development aimed at improving the safety of natural gas development and transportation activities, and setting sensible, cost-effective public health and environmental standards to implement Federal law and augment State safeguards. Because efforts to promote safe, responsible, and efficient development of unconventional domestic natural gas resources are underway at a number of executive departments and agencies (agencies), close interagency coordina- tion is important for effective implementation of these programs and activi- ties. To formalize and promote ongoing interagency coordination, this order establishes a high-level, interagency working group that will facilitate coordi- nated Administration policy efforts to support safe and responsible unconven- tional domestic natural gas development. Sec. 2. Interagency Working Group to Support Safe and Responsible Develop- ment of Unconventional Domestic Natural Gas Resources. There is estab- lished an Interagency Working Group to Support Safe and Responsible Devel- opment of Unconventional Domestic Natural Gas Resources (Working Group), to be chaired by the Director of the Domestic Policy Council, or a designated representative. (a) Membership. In addition to the Chair, the Working Group shall include deputy-level representatives or equivalent officials, designated by the head of the respective agency or office, from: (i) the Department of Defense; (ii) the Department of the Interior; (iii) the Department of Agriculture; VerDate Mar<15>2010 17:17 Apr 16, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM 17APE0 tkelley on DSK3SPTVN1PROD with PRES DOC 23108 Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Presidential Documents (iv) the Department of Commerce; (v) the Department of Health and Human Services; (vi) the Department of Transportation; (vii) the Department of Energy; (viii) the Department of Homeland Security; (ix) the Environmental Protection Agency; (x) the Council on Environmental Quality; (xi) the Office of Science and Technology Policy; (xii) the Office of Management and Budget; (xiii) the National Economic Council; and (xiv) such other agencies or offices as the Chair may invite to participate. (b) Functions. Consistent with the authorities and responsibilities of partici- pating agencies and offices, the Working Group shall support the safe and responsible production of domestic unconventional natural gas by performing the following functions: (i) coordinate agency policy activities, ensuring their efficient and effective operation and facilitating cooperation among agencies, as appropriate; (ii) coordinate among agencies the sharing of scientific, environmental, and related technical and economic information; (iii) engage in long-term planning and ensure coordination among the appropriate Federal entities with respect to such issues as research, natural resource assessment, and the development of infrastructure; (iv) promote interagency communication with stakeholders; and (v) consult with other agencies and offices as appropriate. Sec. 3. 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, 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 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 13, 2012. [FR Doc. 2012–9473 Filed 4–16–12; 3:00 pm] Billing code 3295–F2–P VerDate Mar<15>2010 17:17 Apr 16, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM 17APE0 OB#1.EPS</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC

Supporting Safe and Responsible Development of Unconventional Domestic Natural Gas Resources

2012-04-13T00:00:00

cddc4d4a3ac3d79c50e85f52726cdb1d1e8fa7b6ad58e29e2eb1e9f3163f63c8

Presidential Executive Order

2012-3616 (13600)

Presidential Documents 8713 Federal Register Vol. 77, No. 30 Tuesday, February 14, 2012 Title 3— The President Executive Order 13600 of February 9, 2012 Establishing the President’s Global Development Council By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. To help protect national security and further American economic, humanitarian, and strategic interests in the world, it is the policy of the Federal Government to promote and elevate development as a core pillar of American power and chart a course for development, diplomacy, and defense to reinforce and complement one another. As stated in the 2010 National Security Strategy and the Presidential Policy Directive on Global Development, the successful pursuit of development is essential to advancing our national security objectives: security, prosperity, respect for universal values, and a just and sustainable international order. The effective- ness of this development policy will depend in large measure on how we engage with partners, beneficiaries of our development assistance, and stakeholders. We will use evidence-based decision-making in all areas of U.S. development policy and programs, and we commit to foster development expertise and learning worldwide. Sec. 2. Establishment. There is established the President’s Global Develop- ment Council (Council). The Council shall be established for administrative purposes within the United States Agency for International Development (USAID) subject to the foreign policy and budgetary guidance of the Secretary of State. Sec. 3. Membership. The membership of the Council shall be as follows: (a) The Council shall be composed of the officials described in paragraph (b) of this section and not more than 12 individuals from outside the Federal Government appointed by the President. Appointed members of the Council may serve as representatives of a variety of sectors, including, among others, institutions of higher education, non-profit and philanthropic organizations, civil society, and private industry. (b) The Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the USAID Administrator, and the Chief Executive Officer of the Millennium Challenge Corporation shall serve as non-voting members of the Council and may designate, to perform the Council functions of the member, a senior-level official who is part of the member’s department, agency, or office, and who is a full-time officer or employee of the Federal Government. (c) The President shall designate a member of the Council to serve as Chair and another member to serve as Vice Chair. The Chair shall convene and preside at meetings of the Council, determine meeting agendas, and direct its work. The Vice Chair shall perform the duties of the Chair in the absence of the Chair and shall perform such other functions as the Chair may assign. (d) The term of office of members appointed by the President from outside the Federal Government shall be 2 years, and such members shall be eligible for reappointment and may continue to serve after the expiration of their terms until the President appoints a successor. A member appointed to fill a vacancy shall serve only for the unexpired term of such vacancy. Sec. 4. Mission and Functions. The Council shall advise and support the President, through the National Security Staff and the National Economic VerDate Mar<15>2010 21:07 Feb 13, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14FEE0.SGM 14FEE0 tkelley on DSK3SPTVN1PROD with PRES DOC 8714 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Presidential Documents Council staff, in furtherance of the policy set forth in section 1 of this order. The Council shall meet regularly and shall: (a) inform the policy and practice of U.S. global development policy and programs by providing advice to the President and other senior officials on issues including: (i) innovative, scalable approaches to development with proven demon- strable impact, particularly on sustainable economic growth and good governance; (ii) areas for enhanced collaboration between the Federal Government and public and private sectors to advance development policy; (iii) best practices for and effectiveness of research and development in low and middle income economies; and (iv) long-term solutions to issues central to strategic planning for U.S. development efforts; (b) support new and existing public-private partnerships by: (i) identifying key areas for enhanced collaboration and any barriers to collaboration; and (ii) recommending concrete efforts that the private and public sectors together can take to promote economic development priorities and initia- tives; and (c) increase awareness and action in support of development by soliciting public input on current and emerging issues in the field of global develop- ment as well as bringing to the President’s attention concerns and ideas that would inform policy options. Sec. 5. Administration of the Council. (a) The heads of executive departments and agencies shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out the functions of the Council. (b) Funding and administrative support for the Council shall be provided by USAID to the extent permitted by law and within existing appropriations. (c) The USAID Administrator shall appoint an Executive Director who shall be a Federal officer or employee of USAID and serve as a liaison to the Administrator and the Executive Office of the President and consult with relevant executive departments, agencies, and offices on matters and activities pertaining to the Council. (d) The members of the Council who are appointed from outside the Federal Government 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 the Government service (5 U.S.C. 5701–5707). (e) Insofar as the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App.), may apply to the Council, any functions of the President under FACA, except that of reporting to the Congress, shall be performed by the USAID Administrator in accordance with the guidelines issued by the Administrator of General Services. Sec. 6. Termination. The Council shall terminate 2 years after the date of this order, unless renewed by the President. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (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. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Mar<15>2010 21:07 Feb 13, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14FEE0.SGM 14FEE0 tkelley on DSK3SPTVN1PROD with PRES DOC 8715 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Presidential Documents (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, February 9, 2012. [FR Doc. 2012–3616 Filed 2–13–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 21:07 Feb 13, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\14FEE0.SGM 14FEE0 OB#1.EPS</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC

Establishing the President's Global Development Council

2012-02-09T00:00:00

3e4e0a91986a6b073cb5bd34439df3a75b44a78f80df37f1d403c881e4784dd4

Presidential Executive Order

2012-1568 (13597)

Presidential Documents 3373 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Presidential Documents Executive Order 13597 of January 19, 2012 Establishing Visa and Foreign Visitor Processing Goals and the Task Force On Travel and Competitiveness By the authority vested in me as President by the Constitution and the laws of the United States of America, and to improve visa and foreign visitor processing and travel promotion in order to create jobs and spur economic growth in the United States, while continuing to protect our national security, it is hereby ordered as follows: Section 1. Policy. The travel and tourism industry is one of our Nation’s leading service sectors and sources of exports. However, the U.S. market share of spending by international travelers fell from 17 percent to 11 percent of the global market from 2000 to 2010, more than a 30 percent decrease in our share of the global market. This decrease was due primarily to increased international competition, changing patterns in global develop- ment, and, to some degree, more stringent security requirements imposed after 2001. Given the importance of the travel and tourism industry to the U.S. economy and job creation, a coordinated policy, consistent with protecting our national security, is needed to support a prosperous and secure travel and tourism industry in the United States. Steady progress has been made since 2010, when my Administration launched the National Export Initiative and the Travel Promotion Act was signed into law. While our processes for moving people and goods across our borders are now both more secure and more efficient, new initiatives are needed to enable us to better capitalize on the economic opportunities presented by a dynamic 21st century travel and tourism industry. Sec. 2. Visa and Foreign Visitor Processing. (a) The Assistant to the President for Homeland Security and Counterterrorism shall, consistent with Presi- dential Policy Directive 1 or any successor documents and in coordination with the Assistant to the President and Cabinet Secretary, maintain an interagency process for coordinating the implementation of regulatory im- provements and the evaluation of legislative proposals to enhance and expe- dite travel to and arrival in the United States by foreign nationals, consistent with national security requirements. (b) The Secretaries of State and Homeland Security, in consultation with the Assistant to the President for Homeland Security and Counterterrorism, the Director of the Office of Management and Budget, and the heads of such agencies as appropriate, shall develop an implementation plan, within 60 days of the date of this order, describing actions to be undertaken, including those that build upon efforts underway, to achieve the following: (i) increase nonimmigrant visa processing capacity in China and Brazil by 40 percent over the coming year; (ii) ensure that 80 percent of nonimmigrant visa applicants are interviewed within 3 weeks of receipt of application, recognizing that resource and security considerations and the need to ensure provision of consular serv- ices to U.S. citizens may dictate specific exceptions; (iii) increase efforts to expand the Visa Waiver Program and travel by nationals of Visa Waiver Program participants; and (iv) expand reciprocal recognition programs for expedited travel, such as the Global Entry program. VerDate Mar<15>2010 17:42 Jan 23, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\24JAE0.SGM 24JAE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 3374 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Presidential Documents This plan should also identify other appropriate measures that will enhance and expedite travel to and arrival in the United States by foreign nationals, consistent with national security requirements, as well as any potential challenges in achieving the stated goals of this subsection. (c) Within 180 days of the date of this order, and periodically thereafter, the Secretaries of State and Homeland Security shall jointly submit through the Assistant to the President for Homeland Security and Counterterrorism a report to the President describing the progress on achieving the goals set forth in this section (as well as areas of concern or barriers to achieving those goals) to ensure the country remains secure while increasing travel and tourism to the United States. (d) The Secretary of Commerce shall establish and maintain a publicly available website that provides updated metrics from across the Federal Government to assist industry and travelers in understanding the current status of the industry and its relevance to the economy, statistics on visa processes in key travel and tourism markets, and entry times into the United States. Sec. 3. Task Force on Travel and Competitiveness. (a) A Task Force on Travel and Competitiveness (Task Force) is hereby established to develop the National Travel and Tourism Strategy described in this section. The Secretaries of Commerce and the Interior shall serve as Co-Chairs of the Task Force. The Task Force shall also include the heads of the following executive departments and agencies (agencies), or senior level officials des- ignated by them: (i) Department of State; (ii) Department of the Treasury; (iii) Department of Agriculture; (iv) Department of Labor; (v) Department of Transportation; (vi) Department of Homeland Security; (vii) Army Corps of Engineers; (viii) Office of the United States Trade Representative; (ix) Export-Import Bank; and (x) Other agencies invited to participate by the Task Force Co-Chairs. (b) The Secretaries of Commerce and the Interior, in consultation with the Director of the Office of Management and Budget, the Assistant to the President for Homeland Security and Counterterrorism, the Assistant to the President for Economic Policy, and the Assistant to the President for Domestic Policy, shall coordinate the overall work of the Task Force and assist its members in performing the responsibilities described herein. (c) The Task Force shall develop a National Travel and Tourism Strategy with recommendations for new policies and initiatives to promote domestic and international travel opportunities throughout the United States with the goal of increasing the United States market share of worldwide travel, including obtaining a greater share of long-haul travel from Brazil, China, and India. Such recommendations shall include, among other things, strate- gies to promote visits to the United States public lands, waters, shores, monuments, and other iconic American destinations, thereby expanding job creation in the United States. The Task Force shall also consider rec- ommendations to promote and expand travel and tourism opportunities in rural communities. In addition, the National Travel and Tourism Strategy shall identify any barriers to increasing the United States market share of worldwide travel, and any other related areas of concern. The Task Force shall deliver the National Travel and Tourism Strategy to the President within 90 days of the date of this order. (d) The Task Force, through the Secretary of Commerce, shall also coordi- nate with the Corporation for Travel Promotion (currently doing business VerDate Mar<15>2010 17:42 Jan 23, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\24JAE0.SGM 24JAE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 3375 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Presidential Documents as Brand USA, a nonprofit corporation established by the Travel Promotion Act of 2009 to promote travel to the United States) and the Tourism Policy Council, established by the United States National Tourism Organization Act of 1996. The Secretary of Commerce shall serve as the liaison between the Task Force and the United States Travel and Tourism Advisory Board (Board) chartered by the Secretary and shall consider the Board’s advice in his or her role with the Task Force. (e) The Tourism Policy Council coordinates policies concerning travel promotion and ensures consistency and cooperation among agencies, as set forth in the United States National Tourism Organization Act of 1996. The Task Force shall consult with the Tourism Policy Council where appro- priate to facilitate the development of the National Travel and Tourism Strategy. 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, 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 is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities its officers, employees, or agents, or any other person. THE WHITE HOUSE, January 19, 2012. [FR Doc. 2012–1568 Filed 1–23–12; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 17:42 Jan 23, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\24JAE0.SGM 24JAE0 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with MISCELLANEOUS

Establishing Visa and Foreign Visitor Processing Goals and the Task Force On Travel and Competitiveness

2012-01-19T00:00:00

04b3293dffba32988d335e70e5754c38bbfeb24c731b03c3fee6cb87806daf96

Presidential Executive Order

2012-3097 (13599)

Presidential Documents 6659 Federal Register Vol. 77, No. 26 Wednesday, February 8, 2012 Title 3— The President Executive Order 13599 of February 5, 2012 Blocking Property of the Government of Iran and Iranian Fi- nancial Institutions 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 1245 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) (NDAA), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, in order to take additional steps with respect to the national emergency declared in Executive Order 12957 of March 15, 1995, particularly in light of the deceptive practices of the Central Bank of Iran and other Iranian banks to conceal transactions of sanctioned parties, the deficiencies in Iran’s anti- money laundering regime and the weaknesses in its implementation, and the continuing and unacceptable risk posed to the international financial system by Iran’s activities, hereby order: Section 1. (a) All property and interests in property of the Government of Iran, including the Central Bank of Iran, 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, including any foreign branch, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in. (b) All property and interests in property of any Iranian financial institu- tion, including the Central Bank of Iran, 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, including any foreign branch, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in. (c) 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, including any foreign branch, 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 Sec- retary of State, 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. Sec. 2. 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 12957, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 3. The prohibitions in section 1 of this order include but are not limited to: (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. VerDate Mar<15>2010 16:59 Feb 07, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\08FEE0.SGM 08FEE0 tkelley on DSK3SPTVN1PROD with PRES DOC 6660 Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Presidential Documents Sec. 4. (a) The prohibitions in section 1 of this order 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. (b) The prohibitions in section 1 of this order do not apply to property and interests in property of the Government of Iran that were blocked pursuant to Executive Order 12170 of November 14, 1979, and thereafter made subject to the transfer directives set forth in Executive Order 12281 of January 19, 1981, and implementing regulations thereunder. Sec. 5. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 6. Nothing in section 1 of this order shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof. 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 in the United States; (d) the term ‘‘Government of Iran’’ means 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; (e) the term ‘‘Iran’’ means 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 sovereignty, 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 arrangements; and (f) the term ‘‘Iranian financial institution’’ means a financial institution organized under the laws of Iran or any jurisdiction within Iran (including foreign branches), any financial institution in Iran, any financial institution, wherever located, owned or controlled by the Government of Iran, and any financial institution, wherever located, owned or controlled by any of the foregoing. 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 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 section 1 of this order. Sec. 9. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order, other than the purposes described in section 11. The Secretary of the Treasury may redelegate any of these functions and authorities to other officers and agencies of the United States Government consistent with applicable law. VerDate Mar<15>2010 16:59 Feb 07, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\08FEE0.SGM 08FEE0 tkelley on DSK3SPTVN1PROD with PRES DOC 6661 Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Presidential Documents 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. 10. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to exercise the functions and authorities con- ferred upon the President by section 1245(d)(1)(A) of the NDAA and to redelegate these functions and authorities consistent with applicable law. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby further authorized to exercise the functions and authorities con- ferred upon the President by section 1245(g)(1) of the NDAA to the extent necessary to exercise the other functions and authorities delegated in this section and may redelegate these functions and authorities consistent with applicable law. Sec. 11. The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Energy, and the Director of National Intelligence, is hereby authorized to exercise the functions and authorities conferred upon the President by section 1245(d)(4)(D) of the NDAA and to redelegate these functions and authorities consistent with applicable law. The Secretary of State, in consultation with the Secretary of the Treasury, is hereby further authorized to exercise the functions and authorities conferred upon the President by sections 1245(e)(1) and 1245(e)(2) of the NDAA and to redelegate these functions and authorities consistent with applicable law. The Secretary of State, in consultation with the Secretary of the Treasury, is hereby further authorized to exercise the functions and authorities conferred upon the President by section 1245(g)(1) of the NDAA to the extent necessary to exercise the other functions and authorities delegated in this section and may redelegate these functions and authorities consistent with applicable law. 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. Sec. 13. 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. VerDate Mar<15>2010 16:59 Feb 07, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\08FEE0.SGM 08FEE0 tkelley on DSK3SPTVN1PROD with PRES DOC 6662 Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Presidential Documents Sec. 14. This order is effective at 12:01 a.m. eastern standard time on February 6, 2012. THE WHITE HOUSE, February 5, 2012. [FR Doc. 2012–3097 Filed 2–7–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 16:59 Feb 07, 2012 Jkt 226001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\08FEE0.SGM 08FEE0 OB#1.EPS</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC

Blocking Property of the Government of Iran and Iranian Financial Institutions

2012-02-05T00:00:00

86d351ffface5c8433ec8141f08e54445dea5ef70d196d50c3f7a9244089a486

Presidential Executive Order

2012-2557 (13598)

Presidential Documents 5371 Federal Register Vol. 77, No. 22 Thursday, February 2, 2012 Title 3— The President Executive Order 13598 of January 27, 2012 Assignment of Functions Relating to Certain Promotion and Appointment Actions in the Armed Forces By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Assignment of Functions to the Secretary of Defense. The Secretary of Defense shall perform the functions of the President under the following provisions of title 10, United States Code: (a) the first sentence of section 14111(a) with respect to reports relating to the grades of brigadier general or above, or rear admiral (lower half) or above; (b) sections 629(c)(2) and 14310(c)(2) with respect to extending officer promotion eligibility periods; and (c) section 6222(c)(2) with respect to appointments of members of the Marine Band and members of the Marine Drum and Bugle Corps to grades not above the grade of captain. Sec. 2. Reassignment of Functions Assigned. The Secretary of Defense may reassign the functions assigned to him by sections 1(a) and (b)of this order only to civilian officers within the Office of the Secretary of Defense (as defined in section 131(b) of title 10, United States Code) who hold a position for which the President makes an appointment by and with the advice and consent of the Senate. The Secretary of Defense may not reassign the function assigned to him by section 1(c) of this order. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to limit or otherwise affect the authority of the President as Commander in Chief of the Armed Forces of the United States, or under the Constitution and laws of the United States to nominate or to make or terminate appoint- ments. VerDate Mar<15>2010 18:27 Feb 01, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\02FEE0.SGM 02FEE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 5372 Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Presidential Documents (b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, January 27, 2012. [FR Doc. 2012–2557 Filed 2–1–12; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 19:43 Feb 01, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\02FEE0.SGM 02FEE0 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with MISCELLANEOUS

Assignment of Functions Relating to Certain Promotion and Appointment Actions in the Armed Forces

2012-01-27T00:00:00

638f64353706851d91812b585de403dd5f537f8e7095f193da533cd07ae27889

Presidential Executive Order

2011-33335 (13596)

Presidential Documents 80725 Federal Register Vol. 76, No. 248 Tuesday, December 27, 2011 Title 3— The President Executive Order 13596 of December 19, 2011 Amendments to Executive Orders 12131 and 13539 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: Section1. Section 1–102 of Executive Order 12131 of May 4, 1979, as amend- ed (President’s Export Council), is further amended to read as follows: ‘‘The membership of the Council shall be as follows: (a) The heads of the following executive departments, agencies, or offices, or their representatives: (1) Department of State. (2) Department of the Treasury. (3) Department of Agriculture. (4) Department of Commerce. (5) Department of Labor. (6) Department of Energy. (7) Department of Transportation. (8) Department of Homeland Security. (9) Office of United States Trade Representative. (10) Export-Import Bank of the United States. (11) Small Business Administration. (12) United States Trade and Development Agency. (13) Overseas Private Investment Corporation. (14) Council of Economic Advisers. (15) Office of Management and Budget. (16) National Economic Council. (17) National Security Staff. (b) In their discretion, the heads of the following organizations or their designees: (1) National Governors Association. (2) United States Conference of Mayors. (c) Five members of the United States Senate, designated by the President of the Senate, and five members of the United States House of Representa- tives, designated by the Speaker of the House, to serve for a two-year term. (d) Not to exceed 28 citizens appointed by the President. These individuals shall be selected from those who are not full-time Federal officers or employ- ees. They shall include representatives of business and industry, agriculture, and labor.’’. Sec. 2. (a) Section 3(d) of Executive Order 13539 of April 21, 2010, as amended (President’s Council of Advisors on Science and Technology), is further amended to read as follows: ‘‘The Department of Energy shall provide such funding and administrative and technical support as the PCAST may require.’’. VerDate Mar<15>2010 18:48 Dec 23, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\27DEE0.SGM 27DEE0 jlentini on DSK4TPTVN1PROD with FRE0 80726 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Presidential Documents (b) Section 5(a) of Executive Order 13539, as amended, is further amended to read as follows: ‘‘Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA), may apply to the PCAST, any functions of the President under the FACA, except that of reporting to the Congress, shall be performed by the Secretary of Energy in accordance with the guide- lines and procedures established by the Administrator of General Services.’’. THE WHITE HOUSE, December 19, 2011. [FR Doc. 2011–33335 Filed 12–23–11; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 16:36 Dec 23, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\27DEE0.SGM 27DEE0 OB#1.EPS</GPH> jlentini on DSK4TPTVN1PROD with FRE0

Amendments to Executive Orders 12131 and 13539

2011-12-19T00:00:00

8528558bfc0f17cc6a2f760d7cfe10f929abf42696491ccecccde569acea1b3a

Presidential Executive Order

2011-30990 (13591)

Presidential Documents 74623 Federal Register Vol. 76, No. 230 Wednesday, November 30, 2011 Title 3— The President Executive Order 13591 of November 23, 2011 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, 2013. (a) Presidential Commission for the Study of Bioethical Issues; Executive Order 13521 (Department of Health and Human Services). (b) National Council on Federal Labor-Management Relations; Executive Order 13522 (Office of Personnel Management). (c) President’s Board of Advisors on Historically Black Colleges and Univer- sities; Executive Order 13532 (Department of Education). (d) President’s Management Advisory Board; Executive Order 13538 (Gen- eral Services Administration). (e) President’s Council of Advisors on Science and Technology; Executive Order 13539 (Office of Science and Technology Policy). (f) Interagency Task Force on Veterans Small Business Development; Execu- tive Order 13540 (Small Business Administration). (g) State, Local, Tribal, and Private Sector (SLTPS) Policy Advisory Com- mittee; Executive Order 13549, as amended (National Archives and Records Administration). Sec. 2. The following advisory committee is continued until September 30, 2012: Advisory Group on Prevention, Health Promotion, and Integrative and Public Health; Executive Order 13544 (Department of Health and Human Services). Sec. 3. Section 6 of Executive Order 13530 of January 29, 2010 (President’s Advisory Council on Financial Capability), is amended to read as follows: ‘‘Unless extended by the President, the Council shall terminate on January 29, 2013.’’ VerDate Mar<15>2010 16:45 Nov 29, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\30NOE0.SGM 30NOE0 jlentini on DSK4TPTVN1PROD with FRE0 74624 Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Presidential Documents Sec. 4. 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 sections 1 and 2 of this order shall be performed by the head of the department or agency designated after each committee, in accordance with the guidelines and procedures established by the Administrator of General Services. THE WHITE HOUSE, November 23, 2011. [FR Doc. 2011–30990 Filed 11–29–11; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 16:45 Nov 29, 2011 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\30NOE0.SGM 30NOE0 OB#1.EPS</GPH> jlentini on DSK4TPTVN1PROD with FRE0

Continuance of Certain Federal Advisory Committees

2011-11-23T00:00:00

9531d892773b43365f47a0364f72b7560d8268de558b206753ca6a69cee7877c

Presidential Executive Order

2011-31624 (13592)

Presidential Documents 76603 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Presidential Documents Executive Order 13592 of December 2, 2011 Improving American Indian and Alaska Native Educational Opportunities and Strengthening Tribal Colleges and Univer- sities By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order as follows: Section 1. Policy. The United States has a unique political and legal relation- ship with the federally recognized American Indian and Alaska Native (AI/ AN) tribes across the country, as set forth in the Constitution of the United States, treaties, Executive Orders, and court decisions. For centuries, the Federal Government’s relationship with these tribes has been guided by a trust responsibility—a long-standing commitment on the part of our Govern- ment to protect the unique rights and ensure the well-being of our Nation’s tribes, while respecting their tribal sovereignty. In recognition of that special commitment—and in fulfillment of the solemn obligations it entails—Federal agencies must help improve educational opportunities provided to all AI/ AN students, including students attending public schools in cities and in rural areas, students attending schools operated and funded by the Depart- ment of the Interior’s Bureau of Indian Education (BIE), and students attend- ing postsecondary institutions, including Tribal Colleges and Universities (TCUs). This is an urgent need. Recent studies show that AI/AN students are dropping out of school at an alarming rate, that our Nation has made little or no progress in closing the achievement gap between AI/AN students and their non-AI/AN student counterparts, and that many Native languages are on the verge of extinction. It is the policy of my Administration to support activities that will strengthen the Nation by expanding educational opportunities and improving edu- cational outcomes for all AI/AN students in order to fulfill our commitment to furthering tribal self-determination and to help ensure that AI/AN students have an opportunity to learn their Native languages and histories and receive complete and competitive educations that prepare them for college, careers, and productive and satisfying lives. My Administration is also committed to improving educational opportunities for students attending TCUs. TCUs maintain, preserve, and restore Native languages and cultural traditions; offer a high-quality college education; provide career and technical education, job training, and other career-building programs; and often serve as anchors in some of the country’s poorest and most remote areas. Sec. 2. Definitions. (a) ‘‘Agency’’ means any executive department or agency designated by the Secretary of Education and the Secretary of the Interior to participate in this order. (b) ‘‘Indian tribe’’ means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a. (c) ‘‘American Indian and Alaska Native’’ means a member of an Indian tribe, as membership is defined by the tribe. (d) ‘‘Public school’’ means a Head Start center or a pre-kindergarten, elementary, or secondary school that is predominantly funded by public means through the Federal Government, a State, a local educational agency, VerDate Mar<15>2010 13:58 Dec 07, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\08DEE0.SGM 08DEE0 wreier-aviles on DSK3TPTVN1PROD with PRESDOC2 76604 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Presidential Documents or an Indian tribal government, including a school operated directly by or through contract or grant with the BIE, an Indian tribe, or a State, county, or local government. (e) ‘‘Tribal Colleges and Universities’’ are those institutions that are char- tered by their respective Indian tribes through the sovereign authority of the tribes or by the Federal Government, and defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c). Sec. 3. White House Initiative on American Indian and Alaska Native Edu- cation. (a) Establishment. There is hereby established the White House Initiative on American Indian and Alaska Native Education (Initiative). The Secretary of Education and the Secretary of the Interior will co-chair the Initiative. The Secretary of Education shall appoint an Executive Director who shall be responsible for overseeing implementation of the Initiative. This individual shall be a senior-level, Department of Education official who shall serve as the Secretary of Education’s senior policy advisor on Federal policies affecting AI/AN education. The Executive Director shall work closely with the BIE Director and shall provide periodic reports to the Secretaries of Education and the Interior regarding progress achieved under the Initiative. The Executive Director shall coordinate frequent consultations with tribal officials and shall provide staff support for the National Advisory Council on Indian Education (NACIE), authorized by section 7141 of the Elementary and Secondary Education Act of 1965 (ESEA) (20 U.S.C. 7471). (b) Mission and Functions. (1) The Initiative shall help expand educational opportunities and improve educational outcomes for all AI/AN students, including opportunities to learn their Native languages, cultures, and histories and receive complete and competitive educations that prepare them for college, careers, and productive and satisfying lives, by: (i) working closely with the Executive Office of the President to help ensure AI/AN participation in the development and implementation of key Administration priorities; (ii) strengthening the relationship between the Department of Education, which has substantial expertise and resources to help improve Indian edu- cation, and the Department of the Interior and its BIE, which directly operates or provides grants to tribes to operate an extensive primary, secondary, and college level school system for AI/AN children and young adults; (iii) coordinating, in consultation with the Department of Education’s Direc- tor of Indian Education, programs administered by the Department of Edu- cation and other executive branch agencies regarding AI/AN education; (iv) serving as a liaison with other executive branch agencies on AI/ AN issues and advising those agencies on how they might help to promote AI/AN educational opportunities; (v) reporting on the development, implementation, and coordination of education policy and programs that affect AI/AN students; (vi) furthering tribal sovereignty by supporting efforts, consistent with applicable law, to build the capacity of tribal educational agencies and TCUs to provide high-quality education services to AI/AN children; (vii) developing in partnership with tribal educational agencies a more routine and streamlined process for entering into agreements for educational studies conducted on tribal lands; (viii) developing sufficient data resources to inform progress on Federal performance indicators, in close collaboration with the Department of Edu- cation’s National Center for Educational Statistics; (ix) encouraging and coordinating Federal partnerships with public, private, philanthropic, and nonprofit entities to help increase the readiness of AI/ AN students for school, college, and careers, and to help increase the number and percentage of AI/AN students completing college; and VerDate Mar<15>2010 13:58 Dec 07, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\08DEE0.SGM 08DEE0 wreier-aviles on DSK3TPTVN1PROD with PRESDOC2 76605 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Presidential Documents (x) developing a national network of individuals, organizations, and com- munities to share best practices in AI/AN education and encouraging them to implement these practices. (2) In order to help expand educational opportunities and improve edu- cation outcomes for AI/AN students, the Initiative shall promote, encour- age, and undertake efforts, consistent with applicable law, to meet the following objectives: (i) increasing the number and percentage of AI/AN children who enter kindergarten ready for success through improved access to high-quality early learning programs and services, including Native language immersion pro- grams, that encourage the learning and development of AI/AN children from birth through age five; (ii) supporting the expanded implementation of education reform strategies that have shown evidence of success in enabling AI/AN students to acquire a rigorous and well-rounded education and increasing their access to the support services that prepare them for college, careers, and civic involvement; (iii) increasing the number and percentage of AI/AN students who have access to excellent teachers and school leaders, including effective science, technology, engineering, and mathematics (STEM), language, and special education teachers, in part by supporting efforts to improve the recruitment, development, and retention of effective AI/AN teachers and other effective teachers and school leaders, particularly through TCUs; (iv) reducing the AI/AN student dropout rate and helping a greater number and percentage of those students who stay in high school to be ready for college and careers by the time of their graduation and college completion, in part by promoting a positive school climate and supporting successful and innovative dropout-prevention and recovery strategies that better engage AI/AN youths in their learning and help them catch up academically; (v) providing pathways that enable those who have dropped out to reenter educational or training programs and acquire degrees, certificates, or industry- recognized credentials and obtain quality jobs, and expanding access to high-quality education programs leading to career advancement, especially in the STEM fields, by supporting adult, career, and technical education; (vi) increasing college access and completion for AI/AN students through strategies to strengthen the capacity of postsecondary institutions, particularly TCUs; and (vii) helping to ensure that the unique cultural, educational, and language needs of AI/AN students are met. (3) To facilitate a new partnership between the Department of Education and the Department of the Interior, to improve AI/AN education, the Executive Director shall work with the BIE Director and develop a Memo- randum of Understanding (MOU) between the two Departments that will take advantage of both Departments’ expertise, resources, and facilities. The MOU shall be completed within 120 days of the date of this order. Among other things, the MOU shall address how the Departments will collaborate in carrying out the policy set out in section 1 of this order. (c) Funding and Administrative Support. Subject to the availability of appropriations, the Department of Education shall fund the Initiative, includ- ing NACIE. The Department shall also provide administrative support for the Initiative to the extent permitted by law and within existing appropria- tions. (d) Interagency Working Group. There is established the Interagency Work- ing Group on AI/AN education and TCUs, which shall be convened by the Initiative’s Executive Director. The Working Group shall consist of senior officials from the Department of Education and the Department of the Interior and officials from the Departments of Justice, Agriculture, Labor, Health and Human Services, and Energy, the Environmental Protection Agency, and the White House Domestic Policy Council, as well as such additional agencies and offices as the Secretaries of Education and the Interior may VerDate Mar<15>2010 13:58 Dec 07, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\08DEE0.SGM 08DEE0 wreier-aviles on DSK3TPTVN1PROD with PRESDOC2 76606 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Presidential Documents designate. Senior officials shall be designated by the heads of their respective agencies and offices. The Secretaries of Education and the Interior shall serve as the co-chairs of the Interagency Working Group. (e) Federal Agency Plans. (1) Each agency designated by the co-chairs as a member of the Interagency Working Group shall develop and implement a two-part, 4-year plan of the agency’s efforts to fulfill the purposes of this order, with part one of the plan focusing on all AI/AN students except for those attending TCUs, and part two focusing on AI/AN students attending TCUs. Each agency plan shall include: (i) annual performance indicators and appropriate measurable objectives with which the agency will measure its success in meeting the goals of this order; (ii) information on how the agency intends to increase the capacity of educational agencies and institutions, including our Nation’s public schools and TCUs, to deliver high-quality education and related social services to all AI/AN students; and (iii) agency efforts to enhance the ability of these educational agencies and institutions serving AI/AN students to compete effectively for grants, contracts, cooperative agreements, and other Federal resources with which to serve the education needs of AI/AN students, and to encourage eligible schools and colleges serving those students to apply for Federal grants and participate in Federal education programs, as appropriate. Agency plans may also emphasize access to high-quality educational opportunities for AI/AN students, consistent with requirements of the ESEA, the Individuals with Disabilities Education Act, and other applicable Federal education stat- utes; the preservation and revitalization of tribal languages and cultural traditions; and innovative approaches to more seamlessly align early learning, elementary, and secondary education programs with the work of TCUs. (2) Submission. Each agency shall submit its plan to the Initiative by a deadline established by the co-chairs. In consultation with NACIE, the Initiative shall then review agency plans and develop, for submission to the President, a synthesized interagency plan to achieve the aims of this order. (3) Annual Performance Reports. Each agency shall submit to the Initiative an Annual Performance Report that measures the agency’s performance against the objectives set forth in its plan. In consultation with NACIE, the Initiative shall review and combine Annual Performance Reports from the various agencies into one annual report, which shall be submitted to the Secretaries of Education and the Interior for review. (f) Private Sector. In consultation with NACIE, and consistent with applica- ble law, the Interagency Working Group, led by the Executive Director, shall encourage the private sector to assist State- and locally-operated public schools that serve large numbers of AI/AN students, including those attending our Nation’s public schools, publicly-funded preschools, and TCUs, through increased use of such strategies as: (1) Providing funds to support the preservation and revitalization of Native languages and cultures; (2) Providing funds to support increased institutional endowments; (3) Helping these schools develop expertise in financial and facilities management, information systems, and curricula; and (4) Providing resources for the hiring and training of effective teachers and administrators. Sec. 4. Study. In carrying out this order, the Secretaries of Education and the Interior shall study and collect information on the education of AI/ AN students. Sec. 5. General Provisions. (a) NACIE shall serve as the Initiative’s advisory committee. VerDate Mar<15>2010 13:58 Dec 07, 2011 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\08DEE0.SGM 08DEE0 wreier-aviles on DSK3TPTVN1PROD with PRESDOC2 76607 Federal Register / Vol. 76, No. 236 / Thursday, December 8, 2011 / Presidential Documents (b) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.), may apply to the Initiative, any functions of the President under that Act, except for those of reporting to the Congress, shall be performed by the Secretary of Education, in consultation with the Secretary of the Interior, in accordance with the guidelines issued by the Administrator of General Services. (c) This order revokes Executive Order 13270 of July 3, 2002, Executive Order 13336 of April 30, 2004, and section 1(n) of Executive Order 13585 of September 30, 2011. (d) The heads of agencies shall assist and provide such information to the Initiative as may be necessary to carry out its functions, consistent with applicable law. (e) Nothing in this order shall be construed to impair or otherwise affect: (1) authority granted by law to an executive department, agency, or the head thereof; or (2) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (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 2, 2011. [FR Doc. 2011–31624 Filed 12–7–11; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 13:58 Dec 07, 2011 Jkt 226001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\08DEE0.SGM 08DEE0 OB#1.EPS</GPH> wreier-aviles on DSK3TPTVN1PROD with PRESDOC2

Improving American Indian and Alaska Native Educational Opportunities and Strengthening Tribal Colleges and Universities

2011-12-02T00:00:00

493804c902b796b74848e47f6dfc96e81646750130a561d11f83b0bff00e3547

Presidential Executive Order

2011-32486 (13593)

Presidential Documents 78451 Federal Register Vol. 76, No. 242 Friday, December 16, 2011 Title 3— The President Executive Order 13593 of December 13, 2011 2011 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. 801–946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473, as amended, it is hereby ordered as follows: Section 1. Parts III and IV of the Manual for Courts-Martial, United States, are amended as described in the Annex attached and made a part of this order. Sec. 2. These amendments shall take effect 30 days from the date of this order. (a) Nothing in these amendments shall be construed to make punishable any act done or omitted prior to the effective date of this order that was not punishable when done or omitted. (b) Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceedings, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to the effective date of this order, and any such nonjudicial punishment, restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed. THE WHITE HOUSE, December 13, 2011. Billing code 3295–F2–P VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 OB#1.EPS</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78452 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.011</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78453 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.012</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78454 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.013</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78455 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.014</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78456 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.015</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78457 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.016</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78458 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.017</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78459 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.018</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78460 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.019</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78461 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.020</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78462 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.021</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS 78463 Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Presidential Documents [FR Doc. 2011–32486 Filed 12–15–11; 11:15 am] Billing code 5000–04–C VerDate Mar<15>2010 18:14 Dec 15, 2011 Jkt 223001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 ED16DE11.022</GPH> sroberts on DSK5SPTVN1PROD with PROPOSALS

2011 Amendments to the Manual for Courts-Martial, United States

2011-12-13T00:00:00

4a21e83f96a4eca0bb9eac6766be6e830816c75e59906ba8defbe148a975a37d

Presidential Executive Order

2011-33089 (13595)

Presidential Documents 80205 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents Executive Order 13595 of December 19, 2011 Instituting a National Action Plan On Women, Peace, And Security By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. (a) The United States recognizes that promoting women’s participation in conflict prevention, management, and resolution, as well as in post-conflict relief and recovery, advances peace, national security, economic and social development, and international cooperation. (b) The United States recognizes the responsibility of all nations to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity, including when implemented by means of sexual violence. The United States further recognizes that sexual violence, when used or commissioned as a tactic of war or as a part of a widespread or systematic attack against civilians, can exacerbate and prolong armed conflict and im- pede the restoration of peace and security. (c) It shall be the policy and practice of the executive branch of the United States to have a National Action Plan on Women, Peace, and Security (National Action Plan). Sec. 2. National Action Plan. A National Action Plan shall be created pursu- ant to the process outlined in Presidential Policy Directive 1 and shall identify and develop activities and initiatives in the following areas: (a) National integration and institutionalization. Through interagency co- ordination, policy development, enhanced professional training and edu- cation, and evaluation, the United States Government will institutionalize a gender-responsive approach to its diplomatic, development, and defense- related work in conflict-affected environments. (b) Participation in peace processes and decisionmaking. The United States Government will improve the prospects for inclusive, just, and sustainable peace by promoting and strengthening women’s rights and effective leader- ship and substantive participation in peace processes, conflict prevention, peacebuilding, transitional processes, and decisionmaking institutions in con- flict-affected environments. (c) Protection from violence. The United States Government will strengthen its efforts to prevent—and protect women and children from—harm, exploi- tation, discrimination, and abuse, including sexual and gender-based violence and trafficking in persons, and to hold perpetrators accountable in conflict- affected environments. (d) Conflict prevention. The United States Government will promote wom- en’s roles in conflict prevention, improve conflict early-warning and response systems through the integration of gender perspectives, and invest in women and girls’ health, education, and economic opportunity to create conditions for stable societies and lasting peace. (e) Access to relief and recovery. The United States Government will respond to the distinct needs of women and children in conflict-affected disasters and crises, including by providing safe, equitable access to humani- tarian assistance. Sec. 3. Responsibility of Executive Departments and Agencies. (a) Executive departments and agencies (agencies) shall maintain a current awareness of U.S. policy with regard to Women, Peace, and Security, as set out in VerDate Mar<15>2010 18:57 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\23DEE1.SGM 23DEE1 sroberts on DSK5SPTVN1PROD with RULES 80206 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents the National Action Plan, as it is relevant to their functions, and shall perform such functions so as to respect and implement that policy fully, while retaining their established institutional roles in the implementation, interpretation, and enforcement of Federal law. (b) The Secretary of State, the Secretary of Defense, and the Administrator of the United States Agency for International Development shall each: (i) designate one or more officers, as appropriate, as responsible for coordi- nating and implementing the National Action Plan; (ii) within 150 days of the date of the release of the National Action Plan, develop and submit to the Assistant to the President and National Security Advisor an agency-specific implementation plan that will identify the actions each agency plans to take to implement the National Action Plan; and (iii) execute their agency-specific implementation plans, and monitor and report to the Assistant to the President and National Security Advisor on such execution. Sec. 4. Interagency Process. The Assistant to the President and National Security Advisor shall, consistent with Presidential Policy Directive 1 or any successor documents, establish an interagency process for coordinating the implementation of this order, which shall, inter alia: (a) coordinate implementation of the National Action Plan and agency- specific implementation plans as specified in section 3(b) of this order; (b) establish a mechanism for agencies to report progress in implementing the National Action Plan and agency-specific implementation plans, as appro- priate and as specified in section 3(b), and in meeting the objectives of this order, which the Assistant to the President and National Security Advisor shall draw upon to provide an annual report to the President; (c) coordinate a comprehensive periodic review of, and update to, the National Action Plan. The review of, and update to, the National Action Plan will be informed by consultation with relevant civil society organiza- tions. The first review will take place in 2015; and (d) consider and implement other revisions to the National Action Plan, as necessary. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) Independent agencies are strongly encouraged to comply with this order. VerDate Mar<15>2010 18:57 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\23DEE1.SGM 23DEE1 sroberts on DSK5SPTVN1PROD with RULES 80207 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, December 19, 2011. [FR Doc. 2011–33089 Filed 12–22–11; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 18:57 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\23DEE1.SGM 23DEE1 OB#1.EPS</GPH> sroberts on DSK5SPTVN1PROD with RULES

Instituting a National Action Plan On Women, Peace, And Security

2011-12-19T00:00:00

49ebc80f740a1190e0c6ccd8a773b9a951f409f27eb87986189864565534558f

Presidential Executive Order

2011-30463 (13590)

Presidential Documents 72609 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Presidential Documents Executive Order 13590 of November 20, 2011 Authorizing the Imposition of Certain Sanctions With Respect to the Provision of Goods, Services, Technology, or Support for Iran’s Energy and Petrochemical Sectors 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, and in order to take additional steps with respect to the national emergency declared in Executive Order 12957 of March 15, 1995, I, BARACK OBAMA, President of the United States of America, hereby order: Section 1. The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Rep- resentative, 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 2 or 3 of this order upon determining that the person: (a) knowingly, on or after the effective date of this order, sells, leases, or provides to Iran goods, services, technology, or support that has a fair market value of $1,000,000 or more or that, during a 12-month period, has an aggregate fair market value of $5,000,000 or more, and that could directly and significantly contribute to the maintenance or enhancement of Iran’s ability to develop petroleum resources located in Iran; (b) knowingly, on or after the effective date of this order, sells, leases, or provides to Iran goods, services, technology, or support that has a fair market value of $250,000 or more or that, during a 12-month period, has an aggregate fair market value of $1,000,000 or more, and that could directly and significantly contribute to the maintenance or expansion of Iran’s domes- tic production of petrochemical products; (c) is a successor entity to a person referred to in subsection (a) or (b) of this section; (d) owns or controls a person referred to in subsection (a) or (b) of this section, and had actual knowledge or should have known that the person engaged in the activities referred to in that subsection; or (e) is owned or controlled by, or under common ownership or control with, a person referred to in subsection (a) or (b) of this section, and knowingly participated in the activities referred to in that subsection. Sec. 2. When the Secretary of State, in accordance with the terms of section 1 of this order, has determined that a person meets any of the criteria described in section 1 and has selected any of the sanctions set forth below to impose on that person, the heads of relevant agencies, in consultation with the Secretary of State, 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 shall deny approval of the issuance of any guarantee, insurance, extension of credit, or participa- tion in an extension of credit in connection with the export of any goods or services to the sanctioned person; VerDate Mar<15>2010 14:36 Nov 22, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\23NOE0.SGM 23NOE0 pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS 72610 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Presidential Documents (b) agencies shall not issue any specific license or grant any other specific permission or authority under any statute 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; or (d) agencies shall not procure, or enter into a contract for the procurement of, any goods or services from the sanctioned person. (e) The prohibitions in subsections (a)-(d) 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. Sec. 3. (a) When the Secretary of State, in accordance with the terms of section 1 of this order, has determined that a person has engaged in the activities described in section 1 and has selected 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 imposed by the Secretary of State: (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 come within the United States, or that are or come within the possession or control of any United States person, including any foreign branch, of the sanctioned person, and provide that such property and interests in property may not be transferred, paid, exported, with- drawn, or otherwise dealt in; or (v) restrict or prohibit imports of goods, technology, or services, directly or indirectly, into the United States from the sanctioned person. (b) 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 type 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 subsection (a)(iv) of this section 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 subsection (a)(iv) of this section. (c) The prohibitions in subsection (a)(iv) of this section include, but are not limited to: VerDate Mar<15>2010 14:36 Nov 22, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\23NOE0.SGM 23NOE0 pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS 72611 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Presidential Documents (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. (d) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order. Sec. 4. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 5. 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 ‘‘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; (e) the term ‘‘United States financial institution’’ means a financial institu- tion (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; (f) the term ‘‘sanctioned person’’ means a person on whom the Secretary of State, in accordance with the terms of section 1 of this order, has deter- mined to impose sanctions pursuant to section 1; (g) the term ‘‘to develop’’ petroleum resources means to explore for, or to extract, refine, or transport by pipeline, petroleum resources; (h) 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; (i) the term ‘‘Government of Iran’’ includes the Government of Iran, any political subdivision, agency, or instrumentality thereof, and any person owned or controlled by, or acting for or on behalf of, the Government of Iran; (j) the term ‘‘knowingly,’’ with respect to a conduct, a circumstance, or a result, means that the person has actual knowledge, or should have known, of the conduct, the circumstance, or the result; (k) the term ‘‘petroleum resources’’ includes petroleum, oil, natural gas, liquefied natural gas, and refined petroleum products; VerDate Mar<15>2010 14:36 Nov 22, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\23NOE0.SGM 23NOE0 pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS 72612 Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / Presidential Documents (l) the term ‘‘refined petroleum products’’ means diesel, gasoline, jet fuel (including naptha-type and kerosene-type jet fuel), and aviation gasoline; and (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. Sec. 6. 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 section 3(a)(iv) of 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 an action taken pursuant to section 3(a)(iv) of this order. Sec. 7. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of section 3 of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government 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. 8. 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. 9. 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. 10. This order is effective at 12:01 a.m. eastern standard time on November 21, 2011. THE WHITE HOUSE, November 20, 2011. [FR Doc. 2011–30463 Filed 11–22–11; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 14:36 Nov 22, 2011 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\23NOE0.SGM 23NOE0 OB#1.EPS</GPH> pmangrum on DSK3VPTVN1PROD with MISCELLANEOUS

Authorizing the Imposition of Certain Sanctions With Respect to the Provision of Goods, Services, Technology, or Support for Iran's Energy and Petrochemical Sectors

2011-11-20T00:00:00

277e391cf710eab2a248c3757f0fbe294244ade0ff394e60517cb7989b65ffcb

Presidential Executive Order

2011-29683 (13589)

Presidential Documents 70863 Federal Register Vol. 76, No. 220 Tuesday, November 15, 2011 Title 3— The President Executive Order 13589 of November 9, 2011 Promoting Efficient Spending By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further promote efficient spending in the Federal Government, it is hereby ordered as follows: Section 1. Policy. My Administration is committed to cutting waste in Federal Government spending and identifying opportunities to promote efficient and effective spending. The Federal Government performs critical functions that support the basic protections that Americans have counted on for dec- ades. As they serve taxpayers, executive departments and agencies (agencies) also must act in a fiscally responsible manner, including by minimizing their costs, in order to perform these mission-critical functions in the most efficient, cost-effective way. As such, I have pursued an aggressive agenda for reducing administrative costs since taking office and, most recently, within my Fiscal Year 2012 Budget. Building on this effort, I direct agency heads to take even more aggressive steps to ensure the Government is a good steward of taxpayer money. Sec. 2. Agency Reduction Targets. Each agency shall establish a plan for reducing the combined costs associated with the activities covered by sections 3 through 7 of this order, as well as activities included in the Administrative Efficiency Initiative in the Fiscal Year 2012 Budget, by not less than 20 percent below Fiscal Year 2010 levels, in Fiscal Year 2013. Agency plans for meeting this target shall be submitted to the Office of Management and Budget (OMB) within 45 days of the date of this order. The OMB shall monitor implementation of these plans consistent with Executive Order 13576 of June 13, 2011 (Delivering an Efficient, Effective, and Accountable Government). Sec. 3. Travel. (a) Agency travel is important to the effective functioning of Government and certain activities can be performed only by traveling to a different location. However, to ensure efficient travel spending, agencies are encouraged to devise strategic alternatives to Government travel, includ- ing local or technological alternatives, such as teleconferencing and video- conferencing. Agencies should make all appropriate efforts to conduct busi- ness and host or sponsor conferences in space controlled by the Federal Government, wherever practicable and cost-effective. Lastly, each agency should review its policies associated with domestic civilian permanent change of duty station travel (relocations), including eligibility rules, to identify ways to reduce costs and ensure appropriate controls are in place. (b) Each agency, agency component, and office of inspector general should designate a senior-level official to be responsible for developing and imple- menting policies and controls to ensure efficient spending on travel and conference-related activities, consistent with subsection (a) of this section. Sec. 4. Employee Information Technology Devices. Agencies should assess current device inventories and usage, and establish controls, to ensure that they are not paying for unused or underutilized information technology (IT) equipment, installed software, or services. Each agency should take steps to limit the number of IT devices (e.g., mobile phones, smartphones, desktop and laptop computers, and tablet personal computers) issued to employees, consistent with the Telework Enhancement Act of 2010 (Public Law 111–292), operational requirements (including continuity of operations), and initiatives designed to create efficiency through the effective implementa- tion of technology. To promote further efficiencies in IT, agencies should VerDate Mar<15>2010 19:17 Nov 14, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\15NOE0.SGM 15NOE0 jlentini on DSK4TPTVN1PROD with FRE0 70864 Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Presidential Documents consider the implementation of appropriate agency-wide IT solutions that consolidate activities such as desktop services, email, and collaboration tools. Sec. 5. Printing. Agencies are encouraged to limit the publication and printing of hard copy documents and to presume that information should be provided in an electronic form, whenever practicable, permitted by law, and consistent with applicable records retention requirements. Agencies should consider using acquisition vehicles developed by the OMB’s Federal Strategic Sourcing Initiative to acquire printing and copying devices and services. Sec. 6. Executive Fleet Efficiencies. The President’s Memorandum of May 24, 2011 (Federal Fleet Performance) directed agencies to improve the per- formance of the Federal fleet of motor vehicles by increasing the use of vehicle technologies, optimizing fleet size, and improving agency fleet man- agement. Building upon this effort, agencies should limit executive transpor- tation. Sec. 7. Extraneous Promotional Items. Agencies should limit the purchase of promotional items (e.g., plaques, clothing, and commemorative items), in particular where they are not cost-effective. Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agency, or the head thereof; (ii) functions of the Director of OMB related to budgetary, administrative, or legislative proposals; or (iii) the authority of inspectors general under the Inspector General Act of 1978, as amended. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) Independent agencies are requested to adhere to this order. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, November 9, 2011. [FR Doc. 2011–29683 Filed 11–14–11; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 19:17 Nov 14, 2011 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\15NOE0.SGM 15NOE0 OB#1.EPS</GPH> jlentini on DSK4TPTVN1PROD with FRE0

Promoting Efficient Spending

2011-11-09T00:00:00

470cc8ad899835baf8f73a26206c2c1a8dd2bea4210bacca85757e1b72b51546

Presidential Executive Order

2011-26729 (13587)

Presidential Documents 63811 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Presidential Documents Executive Order 13587 of October 7, 2011 Structural Reforms To Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information 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 responsible sharing and safeguarding of classified national security information (classified information) on computer networks, it is hereby ordered as follows: Section 1. Policy. Our Nation’s security requires classified information to be shared immediately with authorized users around the world but also requires sophisticated and vigilant means to ensure it is shared securely. Computer networks have individual and common vulnerabilities that require coordinated decisions on risk management. This order directs structural reforms to ensure responsible sharing and safe- guarding of classified information on computer networks that shall be con- sistent with appropriate protections for privacy and civil liberties. Agencies bear the primary responsibility for meeting these twin goals. These structural reforms will ensure coordinated interagency development and reliable imple- mentation of policies and minimum standards regarding information security, personnel security, and systems security; address both internal and external security threats and vulnerabilities; and provide policies and minimum stand- ards for sharing classified information both within and outside the Federal Government. These policies and minimum standards will address all agencies that operate or access classified computer networks, all users of classified computer networks (including contractors and others who operate or access classified computer networks controlled by the Federal Government), and all classified information on those networks. Sec. 2. General Responsibilities of Agencies. Sec. 2.1. The heads of agencies that operate or access classified computer networks shall have responsibility for appropriately sharing and safeguarding classified information on computer networks. As part of this responsibility, they shall: (a) designate a senior official to be charged with overseeing classified information sharing and safeguarding efforts for the agency; (b) implement an insider threat detection and prevention program con- sistent with guidance and standards developed by the Insider Threat Task Force established in section 6 of this order; (c) perform self-assessments of compliance with policies and standards issued pursuant to sections 3.3, 5.2, and 6.3 of this order, as well as other applicable policies and standards, the results of which shall be reported annually to the Senior Information Sharing and Safeguarding Steering Com- mittee established in section 3 of this order; (d) provide information and access, as warranted and consistent with law and section 7(d) of this order, to enable independent assessments by the Executive Agent for Safeguarding Classified Information on Computer Networks and the Insider Threat Task Force of compliance with relevant established policies and standards; and VerDate Mar<15>2010 17:32 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\13OCE0.SGM 13OCE0 emcdonald on DSK5VPTVN1PROD with MISCELLANEOUS 63812 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Presidential Documents (e) detail or assign staff as appropriate and necessary to the Classified Information Sharing and Safeguarding Office and the Insider Threat Task Force on an ongoing basis. Sec. 3. Senior Information Sharing and Safeguarding Steering Committee. Sec. 3.1. There is established a Senior Information Sharing and Safeguarding Steering Committee (Steering Committee) to exercise overall responsibility and ensure senior-level accountability for the coordinated interagency devel- opment and implementation of policies and standards regarding the sharing and safeguarding of classified information on computer networks. Sec. 3.2. The Steering Committee shall be co-chaired by senior representatives of the Office of Management and Budget and the National Security Staff. Members of the committee shall be officers of the United States as designated by the heads of the Departments of State, Defense, Justice, Energy, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, and the Information Security Oversight Office within the National Archives and Records Administration (ISOO), as well as such additional agencies as the co-chairs of the Steering Committee may designate. Sec. 3.3. The responsibilities of the Steering Committee shall include: (a) establishing Government-wide classified information sharing and safe- guarding goals and annually reviewing executive branch successes and short- comings in achieving those goals; (b) preparing within 90 days of the date of this order and at least annually thereafter, a report for the President assessing the executive branch’s suc- cesses and shortcomings in sharing and safeguarding classified information on computer networks and discussing potential future vulnerabilities; (c) developing program and budget recommendations to achieve Govern- ment-wide classified information sharing and safeguarding goals; (d) coordinating the interagency development and implementation of prior- ities, policies, and standards for sharing and safeguarding classified informa- tion on computer networks; (e) recommending overarching policies, when appropriate, for promulgation by the Office of Management and Budget or the ISOO; (f) coordinating efforts by agencies, the Executive Agent, and the Task Force to assess compliance with established policies and standards and recommending corrective actions needed to ensure compliance; (g) providing overall mission guidance for the Program Manager-Informa- tion Sharing Environment (PM–ISE) with respect to the functions to be performed by the Classified Information Sharing and Safeguarding Office established in section 4 of this order; and (h) referring policy and compliance issues that cannot be resolved by the Steering Committee to the Deputies Committee of the National Security Council in accordance with Presidential Policy Directive/PPD–1 of February 13, 2009 (Organization of the National Security Council System). Sec. 4. Classified Information Sharing and Safeguarding Office. Sec. 4.1. There shall be established a Classified Information Sharing and Safeguarding Office (CISSO) within and subordinate to the office of the PM–ISE to provide expert, full-time, sustained focus on responsible sharing and safeguarding of classified information on computer networks. Staff of the CISSO shall include detailees, as needed and appropriate, from agencies represented on the Steering Committee. Sec. 4.2. The responsibilities of CISSO shall include: (a) providing staff support for the Steering Committee; (b) advising the Executive Agent for Safeguarding Classified Information on Computer Networks and the Insider Threat Task Force on the development of an effective program to monitor compliance with established policies VerDate Mar<15>2010 17:32 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\13OCE0.SGM 13OCE0 emcdonald on DSK5VPTVN1PROD with MISCELLANEOUS 63813 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Presidential Documents and standards needed to achieve classified information sharing and safe- guarding goals; and (c) consulting with the Departments of State, Defense, and Homeland Security, the ISOO, the Office of the Director of National Intelligence, and others, as appropriate, to ensure consistency with policies and standards under Executive Order 13526 of December 29, 2009, Executive Order 12829 of January 6, 1993, as amended, Executive Order 13549 of August 18, 2010, and Executive Order 13556 of November 4, 2010. Sec. 5. Executive Agent for Safeguarding Classified Information on Computer Networks. Sec. 5.1. The Secretary of Defense and the Director, National Security Agency, shall jointly act as the Executive Agent for Safeguarding Classified Informa- tion on Computer Networks (the ‘‘Executive Agent’’), exercising the existing authorities of the Executive Agent and National Manager for national security systems, respectively, under National Security Directive/NSD–42 of July 5, 1990, as supplemented by and subject to this order. Sec. 5.2. The Executive Agent’s responsibilities, in addition to those specified by NSD–42, shall include the following: (a) developing effective technical safeguarding policies and standards in coordination with the Committee on National Security Systems (CNSS), as re-designated by Executive Orders 13286 of February 28, 2003, and 13231 of October 16, 2001, that address the safeguarding of classified information within national security systems, as well as the safeguarding of national security systems themselves; (b) referring to the Steering Committee for resolution any unresolved issues delaying the Executive Agent’s timely development and issuance of technical policies and standards; (c) reporting at least annually to the Steering Committee on the work of CNSS, including recommendations for any changes needed to improve the timeliness and effectiveness of that work; and (d) conducting independent assessments of agency compliance with estab- lished safeguarding policies and standards, and reporting the results of such assessments to the Steering Committee. Sec. 6. Insider Threat Task Force. Sec. 6.1. There is established an interagency Insider Threat Task Force that shall develop a Government-wide program (insider threat program) for deterring, detecting, and mitigating insider threats, including the safeguarding of classified information from exploitation, compromise, or other unauthor- ized disclosure, taking into account risk levels, as well as the distinct needs, missions, and systems of individual agencies. This program shall include development of policies, objectives, and priorities for establishing and inte- grating security, counterintelligence, user audits and monitoring, and other safeguarding capabilities and practices within agencies. Sec. 6.2. The Task Force shall be co-chaired by the Attorney General and the Director of National Intelligence, or their designees. Membership on the Task Force shall be composed of officers of the United States from, and designated by the heads of, the Departments of State, Defense, Justice, Energy, and Homeland Security, the Office of the Director of National Intel- ligence, the Central Intelligence Agency, and the ISOO, as well as such additional agencies as the co-chairs of the Task Force may designate. It shall be staffed by personnel from the Federal Bureau of Investigation and the Office of the National Counterintelligence Executive (ONCIX), and other agencies, as determined by the co-chairs for their respective agencies and to the extent permitted by law. Such personnel must be officers or full- time or permanent part-time employees of the United States. To the extent permitted by law, ONCIX shall provide an appropriate work site and adminis- trative support for the Task Force. Sec. 6.3. The Task Force’s responsibilities shall include the following: VerDate Mar<15>2010 17:32 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\13OCE0.SGM 13OCE0 emcdonald on DSK5VPTVN1PROD with MISCELLANEOUS 63814 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Presidential Documents (a) developing, in coordination with the Executive Agent, a Government- wide policy for the deterrence, detection, and mitigation of insider threats, which shall be submitted to the Steering Committee for appropriate review; (b) in coordination with appropriate agencies, developing minimum stand- ards and guidance for implementation of the insider threat program’s Govern- ment-wide policy and, within 1 year of the date of this order, issuing those minimum standards and guidance, which shall be binding on the executive branch; (c) if sufficient appropriations or authorizations are obtained, continuing in coordination with appropriate agencies after 1 year from the date of this order to add to or modify those minimum standards and guidance, as appropriate; (d) if sufficient appropriations or authorizations are not obtained, recom- mending for promulgation by the Office of Management and Budget or the ISOO any additional or modified minimum standards and guidance developed more than 1 year after the date of this order; (e) referring to the Steering Committee for resolution any unresolved issues delaying the timely development and issuance of minimum standards; (f) conducting, in accordance with procedures to be developed by the Task Force, independent assessments of the adequacy of agency programs to implement established policies and minimum standards, and reporting the results of such assessments to the Steering Committee; (g) providing assistance to agencies, as requested, including through the dissemination of best practices; and (h) providing analysis of new and continuing insider threat challenges facing the United States Government. Sec. 7. General Provisions. (a) For the purposes of this order, the word ‘‘agencies’’ shall have the meaning set forth in section 6.1(b) of Executive Order 13526 of December 29, 2009. (b) Nothing in this order shall be construed to change the requirements of Executive Orders 12333 of December 4, 1981, 12829 of January 6, 1993, 12968 of August 2, 1995, 13388 of October 25, 2005, 13467 of June 30, 2008, 13526 of December 29, 2009, 13549 of August 18, 2010, and their successor orders and directives. (c) Nothing in this order shall be construed to supersede or change the authorities of the Secretary of Energy or the Nuclear Regulatory Commission under the Atomic Energy Act of 1954, as amended; the Secretary of Defense under Executive Order 12829, as amended; the Secretary of Homeland Secu- rity under Executive Order 13549; the Secretary of State under title 22, United States Code, and the Omnibus Diplomatic Security and Antiterrorism Act of 1986; the Director of ISOO under Executive Orders 13526 and 12829, as amended; the PM–ISE under Executive Order 13388 or the Intelligence Reform and Terrorism Prevention Act of 2004, as amended; the Director, Central Intelligence Agency under NSD–42 and Executive Order 13286, as amended; the National Counterintelligence Executive, under the Counterintel- ligence Enhancement Act of 2002; or the Director of National Intelligence under the National Security Act of 1947, as amended, the Intelligence Reform and Terrorism Prevention Act of 2004, as amended, NSD–42, and Executive Orders 12333, as amended, 12968, as amended, 13286, as amended, 13467, and 13526. (d) Nothing in this order shall authorize the Steering Committee, CISSO, CNSS, or the Task Force to examine the facilities or systems of other agencies, without advance consultation with the head of such agency, nor to collect information for any purpose not provided herein. (e) The entities created and the activities directed by this order shall not seek to deter, detect, or mitigate disclosures of information by Govern- ment employees or contractors that are lawful under and protected by the Intelligence Community Whistleblower Protection Act of 1998, Whistleblower VerDate Mar<15>2010 17:32 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\13OCE0.SGM 13OCE0 emcdonald on DSK5VPTVN1PROD with MISCELLANEOUS 63815 Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Presidential Documents Protection Act of 1989, Inspector General Act of 1978, or similar statutes, regulations, or policies. (f) With respect to the Intelligence Community, the Director of National Intelligence, after consultation with the heads of affected agencies, may issue such policy directives and guidance as the Director of National Intel- ligence deems necessary to implement this order. (g) Nothing in this order shall be construed to impair or otherwise affect: (1) the authority granted by law to an 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. (h) This order shall be implemented consistent with applicable law and appropriate protections for privacy and civil liberties, and subject to the availability of appropriations. (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. THE WHITE HOUSE, October 7, 2011. [FR Doc. 2011–26729 Filed 10–12–11; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 17:32 Oct 12, 2011 Jkt 226001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\13OCE0.SGM 13OCE0 OB#1.EPS</GPH> emcdonald on DSK5VPTVN1PROD with MISCELLANEOUS

Structural Reforms To Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information

2011-10-07T00:00:00

1929d6ee1c9bc9390d6ef333b1ac8a7cd27514a2c0d5b8d7093a181129596b9c

Presidential Executive Order

2011-28728 (13588)

Presidential Documents 68295 Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Presidential Documents Executive Order 13588 of October 31, 2011 Reducing Prescription Drug Shortages 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. Shortages of pharmaceutical drugs pose a serious and growing threat to public health. While a very small number of drugs in the United States experience a shortage in any given year, the number of prescription drug shortages in the United States nearly tripled between 2005 and 2010, and shortages are becoming more severe as well as more frequent. The affected medicines include cancer treatments, anesthesia drugs, and other drugs that are critical to the treatment and prevention of serious diseases and life-threatening conditions. For example, over approximately the last 5 years, data indicates that the use of sterile injectable cancer treatments has increased by about 20 percent, without a corresponding increase in production capacity. While manufactur- ers are currently in the process of expanding capacity, it may be several years before production capacity has been significantly increased. Interrup- tions in the supplies of these drugs endanger patient safety and burden doctors, hospitals, pharmacists, and patients. They also increase health care costs, particularly because some participants in the market may use shortages as opportunities to hoard scarce drugs or charge exorbitant prices. The Food and Drug Administration (FDA) in the Department of Health and Human Services has been working diligently to address this problem through its existing regulatory framework. While the root problems and many of their solutions are outside of the FDA’s control, the agency has worked cooperatively with manufacturers to prevent or mitigate shortages by expediting review of certain regulatory submissions and adopting a flexible approach to drug manufacturing and importation regulations where appro- priate. As a result, the FDA prevented 137 drug shortages in 2010 and 2011. Despite these successes, however, the problem of drug shortages has continued to grow. Many different factors contribute to drug shortages, and solving this critical public health problem will require a multifaceted approach. An important factor in many of the recent shortages appears to be an increase in demand that exceeds current manufacturing capacity. While manufacturers are in the process of expanding capacity, one important step is ensuring that the FDA and the public receive adequate advance notice of shortages whenever possible. The FDA cannot begin to work with manufacturers or use the other tools at its disposal until it knows there is a potential problem. Similarly, early disclosure of a shortage can help hospitals, doctors, and patients make alternative arrangements before a shortage becomes a crisis. However, drug manufacturers have not consistently provided the FDA with adequate notice of potential shortages. As part of my Administration’s broader effort to work with manufacturers, health care providers, and other stakeholders to prevent drug shortages, this order directs the FDA to take steps that will help to prevent and reduce current and future disruptions in the supply of lifesaving medicines. Sec. 2. Broader Reporting of Manufacturing Discontinuances. To the extent permitted by law, the FDA shall use all appropriate administrative tools, including its authority to interpret and administer the reporting requirements in 21 U.S.C. 356c, to require drug manufacturers to provide adequate advance VerDate Mar<15>2010 17:06 Nov 02, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\03NOE0.SGM 03NOE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 68296 Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Presidential Documents notice of manufacturing discontinuances that could lead to shortages of drugs that are life-supporting or life-sustaining, or that prevent debilitating disease. Sec. 3. Expedited Regulatory Review. To the extent practicable, and consistent with its statutory responsibility to ensure the safety and effectiveness of the drug supply, the FDA shall take steps to expand its current efforts to expedite its regulatory reviews, including reviews of new drug suppliers, manufacturing sites, and manufacturing changes, whenever it determines that expedited review would help to avoid or mitigate existing or potential drug shortages. In prioritizing and allocating its limited resources, the FDA should consider both the severity of the shortage and the importance of the affected drug to public health. Sec. 4. Review of Certain Behaviors by Market Participants. The FDA shall communicate to the Department of Justice (DOJ) any findings that shortages have led market participants to stockpile the affected drugs or sell them at exorbitant prices. The DOJ shall then determine whether these activities are consistent with applicable law. Based on its determination, DOJ, in coordination with other State and Federal regulatory agencies as appropriate, should undertake whatever enforcement actions, if any, it deems appropriate. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, October 31, 2011. [FR Doc. 2011–28728 Filed 11–2–11; 11:15 am] Billing code 3295–F2–P VerDate Mar<15>2010 17:06 Nov 02, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\03NOE0.SGM 03NOE0 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with MISCELLANEOUS

Reducing Prescription Drug Shortages

2011-10-31T00:00:00

e81dffba5309d9cd40d08de733f77882bd72e4485c3339da537521d5d350b185

Presidential Executive Order

2011-26574 (13586)

Presidential Documents 63533 Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Presidential Documents Executive Order 13586 of October 6, 2011 Establishing an Emergency Board to Investigate Disputes Be- tween Certain Railroads Represented by the National Car- riers’ Conference Committee of the National Railway Labor Conference and Their Employees Represented by Certain Labor Organizations Disputes exist between certain railroads represented by the National Carriers’ Conference Committee of the National Railway Labor Conference and their employees represented by certain labor organizations. The railroads and labor organizations involved in these disputes are designated on the attached list, which is made part of this order. The disputes have not heretofore been adjusted under the provisions of the Railway Labor Act, as amended, 45 U.S.C. 151–188 (RLA). I have been notified by the National Mediation Board that in its judgment these disputes threaten substantially to interrupt interstate commerce to a degree that would deprive a section of the country of essential transpor- tation service. NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States, including section 10 of the RLA (45 U.S.C. 160), it is hereby ordered as follows: Section 1. Establishment of Emergency Board (Board). There is established, effective 12:01 a.m. eastern daylight time on October 7, 2011, a Board composed of a chair and four other members, all five of whom shall be appointed by the President to investigate and report on these disputes. No member shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The Board shall perform its functions subject to the availability of funds. Sec. 2. Report. The Board shall report to the President with respect to the disputes within 30 days of its creation. Sec. 3. Maintaining Conditions. As provided by section 10 of the RLA, from the date of the creation of the Board and for 30 days after the Board has submitted its report to the President, no change in the conditions out of which the disputes arose shall be made by the parties to the controversy, except by agreement of the parties. Sec. 4. Records Maintenance. The records and files of the Board are records of the Office of the President and upon the Board’s termination shall be maintained in the physical custody of the National Mediation Board. VerDate Mar<15>2010 19:19 Oct 11, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCE0.SGM 12OCE0 jlentini on DSK4TPTVN1PROD with FRE0 63534 Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Presidential Documents Sec. 5. Expiration. The Board shall terminate upon the submission of the report provided for in section 2 of this order. THE WHITE HOUSE, October 6, 2011. Billing code 3295–F2–P VerDate Mar<15>2010 19:19 Oct 11, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCE0.SGM 12OCE0 OB#1.EPS</GPH> jlentini on DSK4TPTVN1PROD with FRE0 63535 Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Presidential Documents [FR Doc. 2011–26574 Filed 10–11–11; 11:15 am] Billing code 7550–01–C VerDate Mar<15>2010 19:19 Oct 11, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\12OCE0.SGM 12OCE0 ED12OC11.025</GPH> jlentini on DSK4TPTVN1PROD with FRE0

Establishing an Emergency Board to Investigate Disputes Between Certain Railroads Represented by the National Carriers' Conference Committee of the National Railway Labor Conference and Their Employees Represented by Certain Labor Organizations

2011-10-06T00:00:00

06a5f6911175470232ca29f705ccb21eade820ae03f1f8fa41d1b05a8b1edf94

Presidential Executive Order

2011-26141 (13585)

Presidential Documents 62281 Federal Register Vol. 76, No. 195 Friday, October 7, 2011 Title 3— The President Executive Order 13585 of September 30, 2011 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, 2013. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) President’s Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (c) President’s Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (d) Federal Advisory Council on Occupational Safety and Health; Executive Order 11612, as amended (Department of Labor). (e) President’s Export Council; Executive Order 12131, as amended (Depart- ment of Commerce). (f) President’s Committee on the International Labor Organization; Execu- tive Order 12216, as amended (Department of Labor). (g) President’s Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (h) President’s National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (i) National Industrial Security Program Policy Advisory Committee; Execu- tive Order 12829, as amended (National Archives and Records Administra- tion). (j) Trade and Environment Policy Advisory Committee; Executive Order 12905, as amended (Office of the United States Trade Representative). (k) President’s Committee for People with Intellectual Disabilities; Execu- tive Order 12994, as amended (Department of Health and Human Services). (l) National Infrastructure Advisory Council; Executive Order 13231, as amended (Department of Homeland Security). (m) President’s Council on Fitness, Sports, and Nutrition; Executive Order 13265, as amended (Department of Health and Human Services). (n) President’s Board of Advisors on Tribal Colleges and Universities; Executive Order 13270 (Department of Education). (o) President’s Advisory Commission on Asian Americans and Pacific Islanders; Executive Order 13515 (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 guidelines and procedures estab- lished by the Administrator of General Services. VerDate Mar<15>2010 17:29 Oct 06, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\07OCE0.SGM 07OCE0 emcdonald on DSK5VPTVN1PROD with MISCELLANEOUS 62282 Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 / Presidential Documents Sec. 3. Sections 1 and 2 of Executive Order 13511 are superseded by sections 1 and 2 of this order. Sec. 4. Executive Order 13515 of October 14, 2009, is amended: (a) in section 2(a), by striking ‘‘through the Secretaries of Education and Commerce, as Co-Chairs of the Initiative described in section 3 of this order’’ and inserting in lieu thereof ‘‘through the Co-Chairs of the Initiative’’; (b) in section 2(c), by striking ‘‘Secretary of Education, in consultation with the Secretary of Commerce,’’ and inserting in lieu thereof ‘‘Co-Chairs of the Initiative’’; (c) in the introductory text to section 3: (1) by striking ‘‘The Secretary of Commerce and the Secretary of Education shall serve as the Co-Chairs of the Initiative’’ and inserting in lieu thereof ‘‘The Secretary of Education and a senior official to be designated by the President from the membership of the Initiative shall serve as Co- Chairs of the Initiative’’; and (2) by striking ‘‘Secretaries’’ and inserting in lieu thereof ‘‘Co-Chairs’’; and (d) in section 3(b), in the list of agency members, by inserting ‘‘the Depart- ment of Commerce’’ after ‘‘the Department of Agriculture’’ and inserting ‘‘the Department of Education’’ after ‘‘the Department of Energy’’ and then redesignating the subsections of section 3(b) as appropriate. Sec. 5. This order shall be effective September 30, 2011. THE WHITE HOUSE, September 30, 2011. [FR Doc. 2011–26141 Filed 10–6–11; 8:45 am] Billing code 3295–F2–P VerDate Mar<15>2010 17:29 Oct 06, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\07OCE0.SGM 07OCE0 OB#1.EPS</GPH> emcdonald on DSK5VPTVN1PROD with MISCELLANEOUS

Continuance of Certain Federal Advisory Committees

2011-09-30T00:00:00

80c383d3b762c4c4268f62bc23fc68d020b25474e2c2c7a4f1f7a11b17e771c6

Presidential Executive Order

2011-21704 (13583)

Presidential Documents 52847 Federal Register Vol. 76, No. 163 Tuesday, August 23, 2011 Title 3— The President Executive Order 13583 of August 18, 2011 Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce 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 Federal workplace as a model of equal opportunity, diversity, and inclusion, it is hereby ordered as follows: Section 1. Policy. Our Nation derives strength from the diversity of its population and from its commitment to equal opportunity for all. We are at our best when we draw on the talents of all parts of our society, and our greatest accomplishments are achieved when diverse perspectives are brought to bear to overcome our greatest challenges. A commitment to equal opportunity, diversity, and inclusion is critical for the Federal Government as an employer. By law, the Federal Government’s recruitment policies should ‘‘endeavor to achieve a work force from all segments of society.’’ (5 U.S.C. 2301(b)(1)). As the Nation’s largest employer, the Federal Government has a special obligation to lead by example. Attaining a diverse, qualified workforce is one of the cornerstones of the merit-based civil service. Prior Executive Orders, including but not limited to those listed below, have taken a number of steps to address the leadership role and obligations of the Federal Government as an employer. For example, Executive Order 13171 of October 12, 2000 (Hispanic Employment in the Federal Govern- ment), directed executive departments and agencies to implement programs for recruitment and career development of Hispanic employees and estab- lished a mechanism for identifying best practices in doing so. Executive Order 13518 of November 9, 2009 (Employment of Veterans in the Federal Government), required the establishment of a Veterans Employment Initiative. Executive Order 13548 of July 26, 2010 (Increasing Federal Employment of Individuals with Disabilities), and its related predecessors, Executive Order 13163 of July 26, 2000 (Increasing the Opportunity for Individuals With Disabilities to be Employed in the Federal Government), and Executive Order 13078 of March 13, 1998 (Increasing Employment of Adults With Disabilities), sought to tap the skills of the millions of Americans living with disabilities. To realize more fully the goal of using the talents of all segments of society, the Federal Government must continue to challenge itself to enhance its ability to recruit, hire, promote, and retain a more diverse workforce. Further, the Federal Government must create a culture that encourages collaboration, flexibility, and fairness to enable individuals to participate to their full potential. Wherever possible, the Federal Government must also seek to consolidate compliance efforts established through related or overlapping statutory man- dates, directions from Executive Orders, and regulatory requirements. By this order, I am directing executive departments and agencies (agencies) to develop and implement a more comprehensive, integrated, and strategic focus on diversity and inclusion as a key component of their human resources strategies. This approach should include a continuing effort to identify and adopt best practices, implemented in an integrated manner, to promote diversity and remove barriers to equal employment opportunity, consistent with merit system principles and applicable law. VerDate Mar<15>2010 18:47 Aug 22, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\23AUE0.SGM 23AUE0 emcdonald on DSK2BSOYB1PROD with NOTICES6 52848 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Presidential Documents Sec. 2. Government-Wide Diversity and Inclusion Initiative and Strategic Plan. The Director of the Office of Personnel Management (OPM) and the Deputy Director for Management of the Office of Management and Budget (OMB), in coordination with the President’s Management Council (PMC) and the Chair of the Equal Employment Opportunity Commission (EEOC), shall: (a) establish a coordinated Government-wide initiative to promote diversity and inclusion in the Federal workforce; (b) within 90 days of the date of this order: (i) develop and issue a Government-wide Diversity and Inclusion Strategic Plan (Government-wide Plan), to be updated as appropriate and at a min- imum every 4 years, focusing on workforce diversity, workplace inclusion, and agency accountability and leadership. The Government-wide Plan shall highlight comprehensive strategies for agencies to identify and remove barriers to equal employment opportunity that may exist in the Federal Government’s recruitment, hiring, promotion, retention, professional devel- opment, and training policies and practices; (ii) review applicable directives to agencies related to the development or submission of agency human capital and other workforce plans and reports in connection with recruitment, hiring, promotion, retention, pro- fessional development, and training policies and practices, and develop a strategy for consolidating such agency plans and reports where appro- priate and permitted by law; and (iii) provide guidance to agencies concerning formulation of agency-specific Diversity and Inclusion Strategic Plans prepared pursuant to section 3(b) of this order; (c) identify appropriate practices to improve the effectiveness of each agency’s efforts to recruit, hire, promote, retain, develop, and train a diverse and inclusive workforce, consistent with merit system principles and applica- ble law; and (d) establish a system for reporting regularly on agencies’ progress in implementing their agency-specific Diversity and Inclusion Strategic Plans and in meeting the objectives of this order. Sec. 3. Responsibilities of Executive Departments and Agencies. All agencies shall implement the Government-wide Plan prepared pursuant to section 2 of this order, and such other related guidance as issued from time to time by the Director of OPM and Deputy Director for Management of OMB. In addition, the head of each executive department and agency referred to under subsections (1) and (2) of section 901(b) of title 31, United States Code, shall: (a) designate the agency’s Chief Human Capital Officer to be responsible for enhancing employment and promotion opportunities within the agency, in collaboration with the agency’s Director of Equal Employment Opportunity and Director of Diversity and Inclusion, if any, and consistent with law and merit system principles, including development and implementation of the agency-specific Diversity and Inclusion Strategic Plan; (b) within 120 days of the issuance of the Government-wide Plan or its update under section 2(b)(i) of this order, develop and submit for review to the Director of OPM and the Deputy Director for Management of OMB an agency-specific Diversity and Inclusion Strategic Plan for recruiting, hir- ing, training, developing, advancing, promoting, and retaining a diverse work- force consistent with applicable law, the Government-wide Plan, merit system principles, the agency’s overall strategic plan, its human capital plan prepared pursuant to Part 250 of title 5 of the Code of Federal Regulations, and other applicable workforce planning strategies and initiatives; (c) implement the agency-specific Diversity and Inclusion Strategic Plan after incorporating it into the agency’s human capital plan; and (d) provide information as specified in the reporting requirements devel- oped under section 2(d). VerDate Mar<15>2010 17:21 Aug 22, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\23AUE0.SGM 23AUE0 emcdonald on DSK2BSOYB1PROD with NOTICES6 52849 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Presidential Documents Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted to a department or agency or the head thereof, includ- ing the authority granted to EEOC by other Executive Orders (including Executive Order 12067) or any agency’s authority to establish an inde- pendent Diversity and Inclusion Office; or (ii) functions of the Director of OMB relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, August 18, 2011. [FR Doc. 2011–21704 Filed 8–22–11; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 17:21 Aug 22, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\23AUE0.SGM 23AUE0 OB#1.EPS</GPH> emcdonald on DSK2BSOYB1PROD with NOTICES6

Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce

2011-08-18T00:00:00

9d4b6c66a3152d410f447acd44e83f5773acd34464c1d0d2d567014f44228900

Presidential Executive Order

2011-33087 (13594)

Presidential Documents 80191 Federal Register Vol. 76, No. 247 Friday, December 23, 2011 Title 3— The President Executive Order 13594 of December 19, 2011 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, including the Continuing Appropria- tions and Surface Transportation Extensions Act, 2011 (Public Law 111– 322), which freezes certain pay schedules for civilian Federal employees at 2010 levels through 2012 and provides for the phase-in of the full applica- ble locality pay rates in non-foreign areas pursuant to the Non-Foreign Area Retirement Equity Assurance Act of 2009 (5 U.S.C. 5304 note), it is hereby ordered as follows: Section 1. Statutory Pay Systems. Pursuant to the Continuing Appropriations and Surface Transportation Extensions Act, 2011(Public Law 111–322; De- cember 22, 2010), the rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)) 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. 31) at Schedule 6; and (c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a), and section 140 of Public Law 97–92) 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, the Non-Foreign Area Retirement Equity Assurance Act of 2009 (5 U.S.C. 5304 note), and the Continuing Appropria- tions and Surface Transportation Extensions Act, 2011(Public Law 111– 322; December 22, 2010), 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. VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 tkelley on DSK3SPTVN1PROD with PRES DOC 80192 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2012. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2012. Sec. 8. Prior Order Superseded. Executive Order 13561 of December 22, 2010, is superseded. THE WHITE HOUSE, December 19, 2011. Billing code 3295–F2–P VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 OB#1.EPS</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC 80193 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE11.060</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC 80194 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE11.061</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC 80195 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE11.062</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC 80196 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE11.063</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC 80197 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE11.064</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC 80198 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE11.065</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC 80199 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE11.066</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC 80200 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE11.067</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC 80201 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE11.068</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC 80202 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE11.069</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC 80203 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Presidential Documents [FR Doc. 2011–33087 Filed 12–22–11; 8:45 am] Billing code 6235–01–C VerDate Mar<15>2010 17:55 Dec 22, 2011 Jkt 226001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0 ED23DE11.070</GPH> tkelley on DSK3SPTVN1PROD with PRES DOC

Adjustments of Certain Rates of Pay

2011-12-19T00:00:00

f64c5acbfb1e74f2ba7f4cb81756ed744c2b6b7bfcaefd52d34e5d0b2d4ebeef

Presidential Executive Order

2011-21505 (13582)

Presidential Documents 52209 Federal Register Vol. 76, No. 162 Monday, August 22, 2011 Title 3— The President Executive Order 13582 of August 17, 2011 Blocking Property of the Government of Syria and Prohib- iting Certain Transactions With Respect to Syria 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, BARACK OBAMA, President of the United States of America, in order to take additional steps with respect to the Government of Syria’s continuing escalation of violence against the people of Syria and with respect to the national emergency declared in Executive Order 13338 of May 11, 2004, as modified in scope and relied upon for additional steps taken in Executive Order 13399 of April 25, 2006, Executive Order 13460 of February 13, 2008, Executive Order 13572 of April 29, 2011, and Executive Order 13573 of May 18, 2011, hereby order: Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, including any overseas branch, of the Government of Syria are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in. (b) 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, including any overseas branch, 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 Sec- retary of State: (i) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, any person whose property and interests in property are blocked pursuant to this order; or (ii) 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. Sec. 2. The following are prohibited: (a) new investment in Syria by a United States person, wherever located; (b) the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any services to Syria; (c) the importation into the United States of petroleum or petroleum products of Syrian origin; (d) any transaction or dealing by a United States person, wherever located, including purchasing, selling, transporting, swapping, brokering, approving, financing, facilitating, or guaranteeing, in or related to petroleum or petro- leum products of Syrian origin; and (e) any approval, financing, facilitation, or guarantee by a United States person, wherever located, of a transaction by a foreign person where the VerDate Mar<15>2010 07:39 Aug 19, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\22AUE0.SGM 22AUE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 52210 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Presidential Documents transaction by that foreign person would be prohibited by this section if performed by a United States person or within the United States. 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 13338 and expanded in scope in Executive Order 13572, 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 but are not limited to: (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. The prohibitions in sections 1 and 2 of this order 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. Sec. 6. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 7. Nothing in sections 1 or 2 of this order shall prohibit transactions for the conduct of the official business of the Federal Government by employ- ees, grantees, or contractors thereof. 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, perma- nent 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 Syria’’ means the Government of the Syrian Arab Republic, its agencies, instrumentalities, and controlled entities. 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 13338 and expanded in scope in Executive Order 13572, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. 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 as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. All agencies of the United States Government are hereby VerDate Mar<15>2010 07:39 Aug 19, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\22AUE0.SGM 22AUE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 52211 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Presidential Documents directed to take all appropriate measures within their authority to carry out the provisions of this order. Sec. 11. 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. 12. This order is effective at 12:01 a.m. eastern daylight time on August 18, 2011. THE WHITE HOUSE, August 17, 2011. [FR Doc. 2011–21505 Filed 8–19–11; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 07:39 Aug 19, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\22AUE0.SGM 22AUE0 OB#1.EPS</GPH> erowe on DSK5CLS3C1PROD with MISCELLANEOUS

Blocking Property of the Government of Syria and Prohibiting Certain Transactions With Respect to Syria

2011-08-17T00:00:00

21768c91825a6da5bda74b7b40fcf63f7b6fb47ee6e2fdea93318fdc90b5b332

Presidential Executive Order

2011-19156 (13581)

Presidential Documents 44757 Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Presidential Documents Executive Order 13581 of July 24, 2011 Blocking Property of Transnational Criminal Organizations By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, find that the activities of significant transnational criminal organizations, such as those listed in the Annex to this order, have reached such scope and gravity that they threaten the stability of international political and economic sys- tems. Such organizations are becoming increasingly sophisticated and dan- gerous to the United States; they are increasingly entrenched in the operations of foreign governments and the international financial system, thereby weak- ening democratic institutions, degrading the rule of law, and undermining economic markets. These organizations facilitate and aggravate violent civil conflicts and increasingly facilitate the activities of other dangerous persons. I therefore determine that significant transnational criminal organizations constitute an unusual and extraordinary threat to the national security, for- eign policy, and economy of the United States, and hereby declare a national emergency to deal with that threat. Accordingly, I hereby order: Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, including any overseas branch, 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 and (ii) any person determined by the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State: (A) to be a foreign person that constitutes a significant transnational criminal organization; (B) 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 (C) 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) 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 subsection (a) of this section. (c) The prohibitions in subsection (a) of this section include, but are not limited to: VerDate Mar<15>2010 22:06 Jul 25, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\27JYE0.SGM 27JYE0 sroberts on DSK5SPTVN1PROD with RULES 44758 Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Presidential Documents (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 this order; and (ii) the receipt of any contribution or provision of funds, goods, or services from any such person. (d) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order. Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. 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 ‘‘foreign person’’ means any citizen or national of a foreign state, or any entity organized under the laws of a foreign state or existing in a foreign state, including any such individual or entity who is also a United States person; and (e) the term ‘‘significant transnational criminal organization’’ means a group of persons, such as those listed in the Annex to this order, that includes one or more foreign persons; that engages in an ongoing pattern of serious criminal activity involving the jurisdictions of at least two foreign states; and that threatens the national security, foreign policy, or economy of the United States. Sec. 4. 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 these 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(a) of this order. Sec. 5. 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 redelegate any of these functions to other officers and agencies of the United States Government 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. 6. 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. 7. The Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, is hereby authorized to determine that VerDate Mar<15>2010 22:06 Jul 25, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\27JYE0.SGM 27JYE0 sroberts on DSK5SPTVN1PROD with RULES 44759 Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Presidential Documents 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. 8. 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. 9. This order is effective at 12:01 a.m. eastern daylight time on July 25, 2011. THE WHITE HOUSE, July 24, 2011. Billing code 3195–W1–P [FR Doc. 2011–19156 Filed 7–26–11; 8:45 am] Billing code 4811–33–C VerDate Mar<15>2010 22:06 Jul 25, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\27JYE0.SGM 27JYE0 OB#1.EPS</GPH> ED27JY11.023</GPH> sroberts on DSK5SPTVN1PROD with RULES

Blocking Property of Transnational Criminal Organizations

2011-07-24T00:00:00

8f5e9e23fb8561b22b408385d5a7566592fab535a0dea121ee7fbc9ff1d37543

Presidential Executive Order

2011-23891 (13584)

Presidential Documents 56945 Federal Register Vol. 76, No. 179 Thursday, September 15, 2011 Title 3— The President Executive Order 13584 of September 9, 2011 Developing an Integrated Strategic Counterterrorism Commu- nications Initiative and Establishing a Temporary Organiza- tion to Support Certain Government-wide Communications Activities Directed Abroad By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 2656 of title 22, United States Code, and section 3161 of title 5, United States Code, it is hereby ordered as follows: Section 1. Policy. The United States is committed to actively countering the actions and ideologies of al-Qa’ida, its affiliates and adherents, other terrorist organizations, and violent extremists overseas that threaten the inter- ests and national security of the United States. These efforts take many forms, but all contain a communications element and some use of commu- nications strategies directed to audiences outside the United States to counter the ideology and activities of such organizations. These communications strategies focus not only on the violent actions and human costs of terrorism, but also on narratives that can positively influence those who may be susceptible to radicalization and recruitment by terrorist organizations. The purpose of this Executive Order is to reinforce, integrate, and com- plement public communications efforts across the executive branch that are (1) focused on countering the actions and ideology of al-Qa’ida, its affiliates and adherents, and other international terrorist organizations and violent extremists overseas, and (2) directed to audiences outside the United States. This collaborative work among executive departments and agencies (agencies) brings together expertise, capabilities, and resources to realize efficiencies and better coordination of U.S. Government communications investments to combat terrorism and extremism. Sec. 2. Assigned Responsibilities to the Center for Strategic Counterterrorism Communications. (a) Under the direction of the Secretary of State (Secretary), the Center for Strategic Counterterrorism Communications (Center) that has been estab- lished in the Department of State by the Secretary shall coordinate, orient, and inform Government-wide public communications activities directed at audiences abroad and targeted against violent extremists and terrorist organi- zations, especially al-Qa’ida and its affiliates and adherents, with the goal of using communication tools to reduce radicalization by terrorists and extremist violence and terrorism that threaten the interests and national security of the United States. Consistent with section 404o of title 50, United States Code, the Center shall coordinate its analysis, evaluation, and planning functions with the National Counterterrorism Center. The Center shall also coordinate these functions with other agencies, as appropriate. Executive branch efforts undertaken through the Center shall draw on all agencies with relevant information or capabilities, to prepare, plan for, and conduct these communications efforts. (b) To achieve these objectives, the Center’s functions shall include: (i) monitoring and evaluating narratives (overarching communication themes that reflect a community’s identity, experiences, aspirations, and concerns) and events abroad that are relevant to the development of a VerDate Mar<15>2010 10:58 Sep 14, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\15SEE0.SGM 15SEE0 wreier-aviles on DSK7SPTVN1PROD with NOTICES6 56946 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Presidential Documents U.S. strategic counterterrorism narrative designed to counter violent extre- mism and terrorism that threaten the interests and national security of the United States; (ii) developing and promulgating for use throughout the executive branch the U.S. strategic counterterrorism narratives and public communications strategies to counter the messaging of violent extremists and terrorist orga- nizations, especially al-Qa’ida and its affiliates and adherents; (iii) identifying current and emerging trends in extremist communications and communications by al-Qa’ida and its affiliates and adherents in order to coordinate and provide thematic guidance to U.S. Government commu- nicators on how best to proactively promote the U.S. strategic counterter- rorism narrative and policies and to respond to and rebut extremist mes- saging and narratives when communicating to audiences outside the United States, as informed by a wide variety of Government and non-government sources, including nongovernmental organizations, academic sources, and finished intelligence created by the intelligence community; (iv) facilitating the use of a wide range of communications technologies, including digital tools, by sharing expertise among agencies, seeking exper- tise from external sources, and extending best practices; (v) identifying and requesting relevant information from agencies, including intelligence reporting, data, and analysis; and (vi) identifying shortfalls in U.S. capabilities in any areas relevant to the Center’s mission and recommending necessary enhancements or changes. (c) The Secretary shall establish a Steering Committee composed of senior representatives of agencies relevant to the Center’s mission to provide advice to the Secretary on the operations and strategic orientation of the Center and to ensure adequate support for the Center. The Steering Committee shall meet not less than every 6 months. The Steering Committee shall be chaired by the Under Secretary of State for Public Diplomacy. The Coordi- nator for Counterterrorism of the Department of State shall serve as Vice Chair. The Coordinator of the Center shall serve as Executive Secretary. The Steering Committee shall include one senior representative designated by the head of each of the following agencies: the Department of Defense, the Department of Justice, the Department of Homeland Security, the Depart- ment of the Treasury, the National Counterterrorism Center, the Joint Chiefs of Staff, the Counterterrorism Center of the Central Intelligence Agency, the Broadcast Board of Governors, and the Agency for International Develop- ment. Other agencies may be invited to participate in the Steering Committee at the discretion of the Chair. Sec. 3. Establishment of a Temporary Organization. (a) There is established within the Department of State, in accordance with section 3161 of title 5, United States Code, a temporary organization to be known as the Counterterrorism Communications Support Office (CCSO). (b) The purpose of the CCSO shall be to perform the specific project of supporting agencies in Government-wide public communications activities targeted against violent extremism and terrorist organizations, especially al-Qa’ida and its affiliates and adherents, to audiences abroad by using communication tools designed to counter violent extremism and terrorism that threaten the interests and national security of the United States. (c) In carrying out its purpose set forth in subsection (b) of this section, the CCSO shall: (i) support agencies in their implementation of whole-of-government public communications activities directed at audiences abroad, including by pro- viding baseline research on characteristics of these audiences, by devel- oping expertise and studies on aspirations, narratives, information strate- gies and tactics of violent extremists and terrorist organizations overseas, by designing and developing sustained campaigns on specific areas of VerDate Mar<15>2010 10:58 Sep 14, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\15SEE0.SGM 15SEE0 wreier-aviles on DSK7SPTVN1PROD with NOTICES6 56947 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Presidential Documents interest to audiences abroad, and by developing expertise on implementing highly focused social media campaigns; and (ii) perform such other functions related to the specific project set forth in subsection (b) of this section as the Secretary may assign. (d) The CCSO shall be headed by a Director selected by the Secretary, with the advice of the Steering Committee. Its staff may include, as deter- mined by the Secretary: (1) personnel with relevant expertise detailed on a non-reimbursable basis from other agencies; (2) senior and other technical advisers; and (3) such other personnel as the Secretary may direct to support the CCSO. To accomplish this mission, the heads of agencies participating on the Steering Committee shall provide to the CCSO, on a non-reimbursable basis, assistance, services, and other support including but not limited to logistical and administrative support and details of personnel. Non-reimburs- able details shall be based on reasonable requests from the Secretary in light of the need for specific expertise, and after consultation with the relevant agency, to the extent permitted by law. (e) The CCSO shall terminate at the end of the maximum period permitted by section 3161(a)(1) of title 5, United States Code, unless sooner terminated by the Secretary consistent with section 3161(a)(2) of such title. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, September 9, 2011. [FR Doc. 2011–23891 Filed 9–14–11; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 10:58 Sep 14, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\15SEE0.SGM 15SEE0 OB#1.EPS</GPH> wreier-aviles on DSK7SPTVN1PROD with NOTICES6

Developing an Integrated Strategic Counterterrorism Communications Initiative and Establishing a Temporary Organization to Support Certain Government-wide Communications Activities Directed Abroad

2011-09-09T00:00:00

fbc7f03482ac524ef4f86b650178ae597eaddf1306f750cd547d5177c7d4d534

Presidential Executive Order

2011-18065 (13580)

Presidential Documents 41989 Federal Register Vol. 76, No. 136 Friday, July 15, 2011 Title 3— The President Executive Order 13580 of July 12, 2011 Interagency Working Group on Coordination of Domestic En- ergy Development and Permitting in Alaska By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish an interagency working group to coordinate the efforts of Federal agencies responsible for overseeing the safe and responsible development of onshore and offshore energy resources and associated infrastructure in Alaska and to help reduce our dependence on foreign oil, it is hereby ordered as follows: Section 1. Policy. Interagency coordination is important for the safe, respon- sible, and efficient development of oil and natural gas resources in Alaska, both onshore and on the Alaska Outer Continental Shelf (OCS), while pro- tecting human health and the environment, as well as indigenous popu- lations. A number of executive departments and agencies (agencies) are charged with ensuring that resource development projects in Alaska comply with health, safety, and environmental protection standards. To formalize and promote ongoing interagency coordination, this order establishes a high- level, interagency working group that will facilitate coordinated and efficient domestic energy development and permitting in Alaska while ensuring that all applicable standards are fully met. Sec. 2. Establishment. There is established an Interagency Working Group on Coordination of Domestic Energy Development and Permitting in Alaska (Working Group), led by the Department of the Interior. Sec. 3. Membership. (a) The Deputy Secretary of the Interior shall serve as Chair of the Working Group and coordinate its work. The Working Group shall also include deputy-level representatives or officials at the equivalent level, designated by the head of the respective agency, from: (i) the Department of Defense; (ii) the Department of Commerce; (iii) the Department of Agriculture; (iv) the Department of Energy; (v) the Department of Homeland Security; (vi) the Environmental Protection Agency; and (vii) the Office of the Federal Coordinator for Alaska Natural Gas Transpor- tation Projects. (b) The Domestic Policy Council shall work closely with the Chair of the Working Group and assist in the interagency coordination functions described in section 4 of this order. To maximize coordination with National Security Policy Directive-66 (NSPD-66), ‘‘Arctic Region Policy;’’ Executive Order 13547 of July 19, 2010 (‘‘Stewardship of the Ocean, Our Coasts, and the Great Lakes’’); the National Response Framework; the National Oil and Hazardous Substances Pollution Contingency Plan (National Contingency Plan); and other relevant Federal policy initiatives, the Working Group shall also include deputy-level representatives or officials at the equivalent level, designated by the head of the respective agency or office, from: (i) the Council on Environmental Quality; (ii) the Office of Science and Technology Policy; (iii) the Office of Management and Budget; and VerDate Mar<15>2010 18:00 Jul 14, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\15JYE0.SGM 15JYE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 41990 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Presidential Documents (iv) the National Security Staff. (c) The Working Group shall consult with other agencies and offices, as appropriate, in order to facilitate the sharing of information and best practices. (d) Members of the Working Group shall meet periodically and on a schedule coordinated with significant milestones in the various permitting cycles. Staff from the participating agencies shall meet as appropriate to facilitate the functions of the Working Group. Sec. 4. Functions. Consistent with the authorities and responsibilities of participating agencies, the Working Group shall perform the following func- tions: (a) facilitate orderly and efficient decisionmaking regarding the issuance of permits and conduct of environmental reviews for onshore and offshore energy development projects in Alaska; (b) ensure that the schedules and progress of agency regulatory and permit- ting activities are coordinated appropriately, that they operate efficiently and effectively, and that agencies assist one another, as appropriate; (c) facilitate the sharing of application and project information among agencies, including information regarding anticipated timelines and mile- stones; (d) ensure the sharing and integrity of scientific and environmental infor- mation and cultural and traditional knowledge among agencies to support the permit evaluation process of onshore and offshore energy development projects in Alaska; (e) engage in longterm planning and ensure coordination with the appro- priate Federal entities related to such issues as oil spill prevention, prepared- ness and response, and the development of necessary infrastructure to ade- quately support energy development in Alaska; (f) coordinate Federal engagement with States, localities, and tribal govern- ments, as it relates to energy development and permitting issues in Alaska, including: (i) designating a primary point of contact to facilitate coordination with the State of Alaska; (ii) designating a primary point of contact to facilitate coordination with local communities, governments, tribes, co-management organizations, and similar Alaska Native organizations; (g) collaborate on stakeholder outreach; and (h) promote interagency dialogue with respect to communications with industry regarding Alaska offshore and onshore energy development and permitting issues. Sec. 5. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (b) The Department of the Interior shall provide administrative support for the Working Group to the extent permitted by law. (c) 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. VerDate Mar<15>2010 18:00 Jul 14, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\15JYE0.SGM 15JYE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 41991 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Presidential Documents (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, July 12, 2011. [FR Doc. 2011–18065 Filed 7–14–11; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 18:00 Jul 14, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\15JYE0.SGM 15JYE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Interagency Working Group on Coordination of Domestic Energy Development and Permitting in Alaska

2011-07-12T00:00:00

f6eb104f6b5fc6bdf6dc2795a1301da8c56a374413bc64bc009ecfa2d7e672b9

Presidential Executive Order

2011-17953 (13579)

Presidential Documents 41587 Federal Register Vol. 76, No. 135 Thursday, July 14, 2011 Title 3— The President Executive Order 13579 of July 11, 2011 Regulation and Independent Regulatory Agencies By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to improve regulation and regulatory review, it is hereby ordered as follows: Section 1. Policy. (a) Wise regulatory decisions depend on public participa- tion and on careful analysis of the likely consequences of regulation. Such decisions are informed and improved by allowing interested members of the public to have a meaningful opportunity to participate in rulemaking. To the extent permitted by law, such decisions should be made only after consideration of their costs and benefits (both quantitative and qualitative). (b) Executive Order 13563 of January 18, 2011, ‘‘Improving Regulation and Regulatory Review,’’ directed to executive agencies, was meant to produce a regulatory system that protects ‘‘public health, welfare, safety, and our environment while promoting economic growth, innovation, com- petitiveness, and job creation.’’ Independent regulatory agencies, no less than executive agencies, should promote that goal. (c) Executive Order 13563 set out general requirements directed to execu- tive agencies concerning public participation, integration and innovation, flexible approaches, and science. To the extent permitted by law, independent regulatory agencies should comply with these provisions as well. Sec. 2. Retrospective Analyses of Existing Rules. (a) To facilitate the periodic review of existing significant regulations, independent regulatory agencies should consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned. Such retrospective analyses, including supporting data and evaluations, should be released online whenever possible. (b) Within 120 days of the date of this order, each independent regulatory agency should develop and release to the public a plan, consistent with law and reflecting its resources and regulatory priorities and processes, under which the agency will periodically review its existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency’s regulatory program more effective or less burdensome in achieving the regulatory objec- tives. Sec. 3. General Provisions. (a) For purposes of this order, ‘‘executive agency’’ shall have the meaning set forth for the term ‘‘agency’’ in section 3(b) of Executive Order 12866 of September 30, 1993, and ‘‘independent regu- latory agency’’ shall have the meaning set forth in 44 U.S.C. 3502(5). (b) Nothing in this order shall be construed to impair or otherwise affect: (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. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Mar<15>2010 14:07 Jul 13, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 wreier-aviles on DSKGBLS3C1PROD with PRESDOC1 41588 Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Presidential Documents (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, July 11, 2011. [FR Doc. 2011–17953 Filed 7–13–11; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 14:07 Jul 13, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14JYE0.SGM 14JYE0 OB#1.EPS</GPH> wreier-aviles on DSKGBLS3C1PROD with PRESDOC1

Regulation and Independent Regulatory Agencies

2011-07-11T00:00:00

f94cde5f3f137e27a0304ca6e8f75a54283faafb2a9057556d153185dc164fa6

Presidential Executive Order

2011-17447 (13578)

Presidential Documents 40591 Federal Register Vol. 76, No. 132 Monday, July 11, 2011 Title 3— The President Executive Order 13578 of July 6, 2011 Coordinating Policies on Automotive Communities and Work- ers By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. Over the last decade, the United States has experienced a decline in employment in the automotive industry and among part sup- pliers. This decline accelerated dramatically from 2008 to 2009, with more than 400,000 jobs being lost in the industry. Now, 2 years later, the American automotive industry is beginning to recover. The automotive industry has, over the past 2 years, experienced its strongest period of job growth since the late 1990s. Exports have expanded, and the domestic automakers in 2010 gained market share for the first time since 1995. The automotive supply chain, which employs three times as many workers as the automakers, has also shown renewed strength. However, we still have a long way to go. Over the past 2 years my Administration has undertaken coordinated efforts on behalf of automotive communities, including targeted technical and finan- cial assistance. For example, the Department of Labor set aside funds for green jobs and job training for high-growth sectors of the economy specifically targeted to communities affected by the automotive downturn, and the De- partment of Commerce provided funds specifically for automotive commu- nities to develop plans for economic recovery. Stabilizing the automotive industry will also require the use of expanded strategies by automotive communities that include land-use redevelopment, small business support, and worker training. The purpose of this order is to continue the coordinated Federal response to factors affecting automotive communities and workers and to ensure that Federal programs and policies address these concerns. Sec. 2. Assignment of Responsibilities to the Secretary of Labor. (a) The Secretary of Labor shall: (i) work to coordinate the development of policies and programs among executive departments and agencies with the goal of coordinating a Federal response to factors that have a distinct impact on automotive communities and workers, including through the coordination of economic adjustment assistance activities; (ii) advise the President, in coordination with the Director of the National Economic Council, on the potential effects of pending legislation; (iii) provide recommendations to the President, in coordination with the Director of the National Economic Council, on executive branch policy proposals affecting automotive communities and changes to Federal poli- cies and programs intended to address issues of special importance to automotive communities and workers; and (iv) conduct outreach to representatives of nonprofit organizations, busi- nesses, labor organizations, State and local government agencies, elected officials, and other interested persons that will assist in bringing to the President’s attention concerns, ideas, and policy options for expanding and improving efforts to revitalize automotive communities. (b) The Secretary of Labor shall perform the functions assigned by this order in coordination with the Director of the National Economic Council. VerDate Mar<15>2010 07:29 Jul 08, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\11JYE0.SGM 11JYE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 40592 Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Presidential Documents The Secretary of Labor may delegate these responsibilities to the Executive Director of the Department of Labor Office of Recovery for Auto Communities and Workers. Sec. 3. Revocation. Executive Order 13509 of June 23, 2009, is hereby revoked. Sec. 4. General Provisions. (a) The heads of executive departments and agencies shall assist and provide information to the Secretary of Labor or the Secretary’s designee, consistent with applicable law, as may be nec- essary to carry out the responsibilities assigned by this order. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department, 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. (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. THE WHITE HOUSE, July 6, 2011. [FR Doc. 2011–17447 Filed 7–8–11; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 07:29 Jul 08, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\11JYE0.SGM 11JYE0 OB#1.EPS</GPH> erowe on DSK5CLS3C1PROD with MISCELLANEOUS

Coordinating Policies on Automotive Communities and Workers

2011-07-06T00:00:00

3204c37cbcf09b49b1a07fd868c17faa49f262a0947cd3ecbda3b84085f31aef

Presidential Executive Order

2011-14919 (13575)

Presidential Documents 34841 Federal Register Vol. 76, No. 114 Tuesday, June 14, 2011 Title 3— The President Executive Order 13575 of June 9, 2011 Establishment of the White House Rural 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 enhance Federal engagement with rural communities, it is hereby ordered as follows: Section 1. Policy. Sixteen percent of the American population lives in rural counties. Strong, sustainable rural communities are essential to winning the future and ensuring American competitiveness in the years ahead. These communities supply our food, fiber, and energy, safeguard our natural re- sources, and are essential in the development of science and innovation. Though rural communities face numerous challenges, they also present enor- mous economic potential. The Federal Government has an important role to play in order to expand access to the capital necessary for economic growth, promote innovation, improve access to health care and education, and expand outdoor recreational activities on public lands. To enhance the Federal Government’s efforts to address the needs of rural America, this order establishes a council to better coordinate Federal pro- grams and maximize the impact of Federal investment to promote economic prosperity and quality of life in our rural communities. Sec. 2. Establishment. There is established a White House Rural Council (Council). Sec. 3. Membership. (a) The Secretary of Agriculture shall serve as the Chair of the Council, which shall also include the heads of the following executive branch departments, agencies, and offices: (1) the Department of the Treasury; (2) the Department of Defense; (3) the Department of Justice; (4) the Department of the Interior; (5) the Department of Commerce; (6) the Department of Labor; (7) the Department of Health and Human Services; (8) the Department of Housing and Urban Development; (9) the Department of Transportation; (10) the Department of Energy; (11) the Department of Education; (12) the Department of Veterans Affairs; (13) the Department of Homeland Security; (14) the Environmental Protection Agency; (15) the Federal Communications Commission; (16) the Office of Management and Budget; (17) the Office of Science and Technology Policy; (18) the Office of National Drug Control Policy; (19) the Council of Economic Advisers; VerDate Mar<15>2010 16:55 Jun 13, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14JNE0.SGM 14JNE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 34842 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Presidential Documents (20) the Domestic Policy Council; (21) the National Economic Council; (22) the Small Business Administration; (23) the Council on Environmental Quality; (24) the White House Office of Public Engagement and Intergovernmental Affairs; (25) the White House Office of Cabinet Affairs; and such other executive branch departments, agencies, and offices as the President or the Secretary of Agriculture may, from time to time, designate. (b) A member of the Council may designate, to perform the Council functions of the member, a senior-level official who is part of the member’s department, agency, or office, and who is a full-time officer or employee of the Federal Government. (c) The Department of Agriculture shall provide funding and administrative support for the Council to the extent permitted by law and within existing appropriations. (d) The Council shall coordinate its policy development through the Do- mestic Policy Council and the National Economic Council. Sec. 4. Mission and Function of the Council. The Council shall work across executive departments, agencies, and offices to coordinate development of policy recommendations to promote economic prosperity and quality of life in rural America, and shall coordinate my Administration’s engagement with rural communities. The Council shall: (a) make recommendations to the President, through the Director of the Domestic Policy Council and the Director of the National Economic Council, on streamlining and leveraging Federal investments in rural areas, where appropriate, to increase the impact of Federal dollars and create economic opportunities to improve the quality of life in rural America; (b) coordinate and increase the effectiveness of Federal engagement with rural stakeholders, including agricultural organizations, small businesses, education and training institutions, health-care providers, telecommuni- cations services providers, research and land grant institutions, law enforce- ment, State, local, and tribal governments, and nongovernmental organiza- tions regarding the needs of rural America; (c) coordinate Federal efforts directed toward the growth and development of geographic regions that encompass both urban and rural areas; and (d) identify and facilitate rural economic opportunities associated with energy development, outdoor recreation, and other conservation related ac- tivities. Sec. 5. General Provisions. (a) The heads of executive departments and agencies shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out the functions of the Council. Each executive department and agency shall bear its own ex- pense for participating in the Council. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department, 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. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Mar<15>2010 16:55 Jun 13, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14JNE0.SGM 14JNE0 srobinson on DSK4SPTVN1PROD with MISCELLANEOUS 34843 Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Presidential Documents (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, June 9, 2011. [FR Doc. 2011–14919 Filed 6–13–11; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 16:55 Jun 13, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\14JNE0.SGM 14JNE0 OB#1.EPS</GPH> srobinson on DSK4SPTVN1PROD with MISCELLANEOUS

Establishment of the White House Rural Council

2011-06-09T00:00:00

9b03f87895afb9952494b9c8a93d986444cbd25c2d4265c42e1e6dafe4fb82cf

Presidential Executive Order

2011-15181 (13576)

Presidential Documents 35297 Federal Register Vol. 76, No. 116 Thursday, June 16, 2011 Title 3— The President Executive Order 13576 of June 13, 2011 Delivering an Efficient, Effective, and Accountable Govern- ment By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to cut waste, streamline Government operations, and reinforce the performance and management reform gains my Administration has achieved, it is hereby ordered as follows: Section 1. Policy. My Administration is committed to ensuring that the Federal Government serves the American people with the utmost effective- ness and efficiency. Over the last 2 years, we have made good progress and have saved taxpayer dollars by cutting waste and increasing the efficiency of Government operations by curbing uncontrolled growth in contract spend- ing, terminating poorly performing information technology projects, deploy- ing state of the art fraud detection tools to crack down on waste, focusing agency leaders on achieving ambitious improvements in high priority areas, and opening Government up to the public to increase accountability and accelerate innovation. The American people must be able to trust that their Government is doing everything in its power to stop wasteful practices and earn a high return on every tax dollar that is spent. To strengthen that trust and deliver a smarter and leaner Government, my Administration will reinforce the per- formance and management reform gains achieved thus far; systematically identify additional reforms necessary to eliminate wasteful, duplicative, or otherwise inefficient programs; and publicize these reforms so that they may serve as a model across the Federal Government. The implementation of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) (Recovery Act) has seen unprecedented trans- parency. The Recovery Accountability and Transparency Board (RATB) has developed innovative technologies and approaches for preventing and identi- fying fraud and abuse that have the potential to improve performance across all of Government spending. Sec. 2. Accountable Government Initiative. (a) On September 14, 2010, in a Memorandum to the Senior Executive Service, my Administration intro- duced goals for the Accountable Government Initiative (Initiative). The mis- sion of the Initiative is to monitor and promote agency progress in making Government work better, faster, and more efficiently. To hold executive departments and agencies (agencies) accountable for obtaining results con- sistent with this mission, the Vice President shall convene periodic meetings in which Cabinet members and the Director of the Office of Management and Budget (OMB) report to him on improvements implemented under their direction. (b) The Federal Chief Performance Officer (CPO), who also serves as the Deputy Director for Management of OMB and the Chair of the President’s Management Council (PMC), shall work with the PMC to support agencies’ performance and management reform and cost-cutting efforts. The CPO will lead OMB and the PMC in identifying practices that should be adopted across agencies and in facilitating reforms that require cross-agency coordina- tion and cooperation. The CPO shall work with agencies to ensure that each area identified as critical to performance improvement has robust per- formance metrics in place, and that these metrics are frequently analyzed VerDate Mar<15>2010 17:27 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\16JNE0.SGM 16JNE0 emcdonald on DSK2BSOYB1PROD with MISCELLANEOUS 35298 Federal Register / Vol. 76, No. 116 / Thursday, June 16, 2011 / Presidential Documents and reviewed by agency leadership. Agencies shall update these metrics quarterly, as appropriate, on the website performance.gov. (c) In accordance with the GPRA Modernization Act of 2010 (31 U.S.C. 1115 et seq.), each agency’s Chief Operating Officer (COO) shall be designated as the Senior Accountable Official responsible for leading performance and management reform efforts, and for reducing wasteful or ineffective programs, policies, and procedures. In discharging this responsibility, this official shall be accountable for conducting frequent data-driven reviews of agency progress toward goals in the areas that OMB identifies as being critical to performance improvement across agencies or that the agency head identi- fies as top near-term priorities. These goals may include reforming informa- tion technology, reducing improper payments, leveraging the Federal Govern- ment’s purchasing scale, reducing high-risk contracting practices, improving the management of Federal real estate, enhancing customer service, and achieving agency and Federal Government priority goals identified pursuant to the GPRA Modernization Act of 2010. (d) The Director of OMB shall provide guidance to agencies as part of the Fiscal Year 2013 budget process for identifying areas of program overlap and duplication within and across agencies, and for proposing consolidations and reductions to address those inefficiencies. (e) The Chief Financial Officers (CFOs) at all agencies shall be responsible for achieving agency cost savings. This will include each agency’s share of the $2.1 billion in administrative cost savings identified in my Fiscal Year 2012 Budget, and for achieving those savings as quickly as possible. The CFOs are encouraged to realize these cost savings by targeting wasteful practices and by reducing, and identifying alternatives to, discretionary travel, the use of consultants, and other administrative expenses. The Federal CFO Council shall provide a monthly report on these efforts to the PMC, with relevant findings and progress reported on performance.gov. Sec. 3. Government Accountability and Transparency Board. (a) There is hereby established a Government Accountability and Transparency Board (Board) to provide strategic direction for enhancing the transparency of Federal spending and advance efforts to detect and remediate fraud, waste, and abuse in Federal programs. The Board shall be composed of 11 members designated by the President from among agency Inspectors General, agency Chief Financial Officers or Deputy Secretaries, a senior official of OMB, and such other members as the President shall designate. The President shall designate a Chair from among the members. Building on the lessons learned from the successful implementation of the Recovery Act, the Board shall work with the RATB to apply the approaches developed by the RATB across Government spending. (b) Not later than 6 months after the date of this order, the Board shall submit a report to the President that identifies implementation guidelines for integrating systems that support the collection and display of Government spending data, ensuring the reliability of those data, and broadening the deployment of fraud detection technologies, including those proven success- ful during the implementation of the Recovery Act. (c) The Director of OMB, in consultation with the Board, shall be respon- sible for assisting executive agencies in achieving objectives in the guidelines identified in subsection (b) above. (d) The Chair of the Board, in consultation with the Director of OMB, shall provide monthly updates to the Vice President on the progress obtained under this order. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (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 related to budgetary, administrative, or legislative proposals. VerDate Mar<15>2010 17:27 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\16JNE0.SGM 16JNE0 emcdonald on DSK2BSOYB1PROD with MISCELLANEOUS 35299 Federal Register / Vol. 76, No. 116 / Thursday, June 16, 2011 / Presidential Documents (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, June 13, 2011. [FR Doc. 2011–15181 Filed 6–15–11; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 18:38 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\16JNE0.SGM 16JNE0 OB#1.EPS</GPH> emcdonald on DSK2BSOYB1PROD with MISCELLANEOUS

Delivering an Efficient, Effective, and Accountable Government

2011-06-13T00:00:00

4d303af439c703df160811c84217c0c1cfdaf9b0fd1f5ec8ba69e9c7d9f9c686

Presidential Executive Order

2011-12645 (13573)

Presidential Documents 29143 Federal Register Vol. 76, No. 98 Friday, May 20, 2011 Title 3— The President Executive Order 13573 of May 18, 2011 Blocking Property of Senior Officials of the Government of Syria 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, BARACK OBAMA, President of the United States of America, in order to take additional steps with respect to the Government of Syria’s continuing escalation of violence against the people of Syria—including through attacks on protestors, arrests and harassment of protestors and political activists, and repression of democratic change, overseen and executed by numerous elements of the Syrian government—and with respect to the national emer- gency declared in Executive Order 13338 of May 11, 2004, relied upon for additional steps taken in Executive Order 13399 of April 25, 2006, and in Executive Order 13460 of February 13, 2008, and expanded in scope in Executive Order 13572 of April 29, 2011, hereby order: Section 1. All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, including any overseas branch, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (a) the persons listed in the Annex to this order; and (b) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: (i) to be a senior official of the Government of Syria; (ii) to be an agency or instrumentality of the Government of Syria, or owned or controlled, directly or indirectly, by the Government of Syria or by an official or officials of the Government of Syria; (iii) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, any person whose property and interests in property are blocked pursuant 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. Sec. 2. 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 13338 and expanded in scope in Executive Order 13572, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 3. The prohibitions in section 1 of this order include but are not limited to: (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 VerDate Mar<15>2010 10:19 May 19, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\20MYE0.SGM 20MYE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 29144 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Presidential Documents (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 4. The prohibitions in section 1 of this order 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. Sec. 5. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 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 Syria’’ means the Government of the Syrian Arab Republic, its agencies, instrumentalities, and controlled entities. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13338 and expanded in scope in Executive Order 13572, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government 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. 9. The Secretary of the Treasury, in consultation with the Secretary of State, 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. 10. 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. VerDate Mar<15>2010 10:19 May 19, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\20MYE0.SGM 20MYE0 erowe on DSK5CLS3C1PROD with MISCELLANEOUS 29145 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Presidential Documents Sec. 11. This order is effective at 1:00 p.m. eastern daylight time on May 18, 2011. THE WHITE HOUSE, May 18, 2011. Billing code 3195–W1–P VerDate Mar<15>2010 10:19 May 19, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\20MYE0.SGM 20MYE0 OB#1.EPS</GPH> erowe on DSK5CLS3C1PROD with MISCELLANEOUS 29146 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Presidential Documents [FR Doc. 2011–12645 Filed 5–19–11; 8:45 am] Billing code 4811–33–C VerDate Mar<15>2010 10:19 May 19, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\20MYE0.SGM 20MYE0 EP20MY11.110</GPH> erowe on DSK5CLS3C1PROD with MISCELLANEOUS

Blocking Property of Senior Officials of the Government of Syria

2011-05-18T00:00:00

0df81d34f248fb3ea4020c1d40c5c7412c5c094c6b5f5b857b7003ec2cc93f77

Presidential Executive Order

2011-13173 (13574)

Presidential Documents 30505 Federal Register / Vol. 76, No. 101 / Wednesday, May 25, 2011 / Presidential Documents Executive Order 13574 of May 23, 2011 Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Sanctions Act of 1996, as Amended 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 Iran Sanctions Act of 1996 (Public Law 104–172) (50 U.S.C. 1701 note) (ISA), as amended by, inter alia, the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111–195), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the national emergency declared in Executive Order 12957 of March 15, 1995, I, BARACK OBAMA, President of the United States of America, hereby order: Section 1. (a) When the President, or the Secretary of State pursuant to authority delegated by the President and in accordance with the terms of such delegation, which includes consultation with the Secretary of the Treasury, has determined that sanctions shall be imposed on a person pursu- ant to section 5 of ISA and has selected the sanctions set forth in section 6 of ISA to impose on that person, the Secretary of the Treasury, in consulta- tion with the Secretary of State, shall take the following actions with respect to the sanctions imposed and maintained by the President or by the Secretary of State pursuant to and in accordance with the terms of such delegation: (i) with respect to section 6(a)(3) of ISA, prohibit any United States financial institution from making loans or providing credits to the ISA-sanctioned person consistent with section 6(a)(3) of ISA; (ii) with respect to section 6(a)(6) of ISA, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the ISA-sanctioned person has any interest; (iii) with respect to section 6(a)(7) of ISA, prohibit any transfers of credit or payments between financial institutions or by, through, or to any finan- cial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the ISA-sanctioned person; (iv) with respect to section 6(a)(8) of ISA, block all property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any United States person, including any overseas branch, of the ISA-sanctioned person, and provide that such property and interests in property may not be transferred, paid, exported, withdrawn, or otherwise dealt in; or (v) with respect to section 6(a)(9) of ISA, restrict or prohibit imports of goods, technology, or services, directly or indirectly, into the United States from the ISA-sanctioned person. (b) 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 ISA- sanctioned person whose property and interests in property are blocked pursuant to subsection (a)(iv) of this section would seriously impair my ability to deal with the national emergency declared in Executive Order VerDate Mar<15>2010 17:26 May 24, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25MYE0.SGM 25MYE0 emcdonald on DSK2BSOYB1PROD with MISCELLANEOUS 30506 Federal Register / Vol. 76, No. 101 / Wednesday, May 25, 2011 / Presidential Documents 12957, and I hereby prohibit such donations as provided by subsection (a)(iv) of this section. (c) The prohibitions in subsection (a)(iv) of this section include but are not limited to: (i) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any ISA-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 ISA-sanctioned person. (d) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order. Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. 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 ‘‘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; (e) 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; and (f) the term ‘‘ISA-sanctioned person’’ means a person that the President, or the Secretary of State pursuant to authority delegated by the President and in accordance with the terms of such delegation, including consultation with the Secretary of the Treasury, has determined is a person on whom sanctions shall be imposed pursuant to section 5 of ISA and on whom the President or the Secretary of State has imposed any of the sanctions in section 6 of ISA. Sec. 4. 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 section 1(a)(iv) of 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 an action taken pursuant to section 1(a)(iv) of this order. Sec. 5. 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 6(a)(6), 6(a)(7), 6(a)(8), and 6(a)(9) of ISA, and to VerDate Mar<15>2010 17:26 May 24, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25MYE0.SGM 25MYE0 emcdonald on DSK2BSOYB1PROD with MISCELLANEOUS 30507 Federal Register / Vol. 76, No. 101 / Wednesday, May 25, 2011 / Presidential Documents 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. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government 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. 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. 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. THE WHITE HOUSE, May 23, 2011. [FR Doc. 2011–13173 Filed 5–24–11; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 18:10 May 24, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\25MYE0.SGM 25MYE0 OB#1.EPS</GPH> emcdonald on DSK2BSOYB1PROD with MISCELLANEOUS

Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Sanctions Act of 1996, as Amended

2011-05-23T00:00:00

153c429d58375e6ed49ddb715897e57c10fd2872ce8b28eb3dc1cd18a58717f3

Presidential Executive Order

2011-15443 (13577)

Presidential Documents 35715 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Presidential Documents Executive Order 13577 of June 15, 2011 Establishment of the SelectUSA Initiative By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to support private- sector job creation and enhance economic growth by encouraging and sup- porting business investment in the United States, it is hereby ordered as follows: Section 1. Policy. Business investment in the United States by both domestic and foreign firms, whether in the form of new equipment or facilities or the expansion of existing facilities, is a major engine of economic growth and job creation. In an era of global capital mobility, the United States faces increasing competition for retaining and attracting industries of the future and the jobs they create. My Administration is committed to enhancing the efforts of the United States to win the growing global competition for business investment by leveraging our advantages as the premier business location in the world. As a place to do business, the United States offers a hardworking, diverse, and educated workforce, strong protection of intellectual property rights, a predictable and transparent legal system, relatively low taxes, highly devel- oped infrastructure, and access to the world’s most lucrative consumer mar- ket. We welcome both domestic and foreign businesses to invest across the broad spectrum of the U.S. market. The Federal Government lacks the centralized investment promotion infra- structure and resources to attract business investment that is often found in other industrialized countries. Currently, States and cities are competing against foreign governments to attract business investment. Our Nation needs to retain business investment and pursue and win new investment in the United States by better marketing our strengths, providing clear, complete, and consistent information, and removing unnecessary obstacles to invest- ment. Sec. 2. SelectUSA Initiative. (a) Establishment. There is established the SelectUSA Initiative (Initiative), a Government-wide initiative to attract and retain investment in the American economy. The Initiative is to be housed in the Department of Commerce. The mission of this Initiative shall be to facilitate business investment in the United States in order to create jobs, spur economic growth, and promote American competitiveness. The Initiative will provide enhanced coordination of Federal activities in order to increase the impact of Federal resources that support both domestic and foreign investment in the United States. In providing assistance, the Initiative shall work to maximize impact on business investment, job creation, and economic growth. The Initiative shall work on behalf of the entire Nation and shall exercise strict neutrality with regard to specific locations within the United States. (b) Functions. (i) The Initiative shall coordinate outreach and engagement by the Federal Government to promote the United States as the premier location to operate a business. (ii) The Initiative shall serve as an ombudsman that facilitates the resolution of issues involving Federal programs or activities related to pending invest- ments. VerDate Mar<15>2010 17:05 Jun 17, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\20JNE0.SGM 20JNE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 35716 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Presidential Documents (iii) The Initiative shall provide information to domestic and foreign firms on: the investment climate in the United States; Federal programs and incentives available to investors; and State and local economic develop- ment organizations. (iv) The Initiative shall report quarterly to the President through the Na- tional Economic Council, the Domestic Policy Council, and the National Security Staff, describing its outreach activities, requests for information received, and efforts to resolve issues. (c) Administration. The Department of Commerce shall provide funding and administrative support for the Initiative through resources and staff assigned to work on the Initiative, to the extent permitted by law and within existing appropriations. The Secretary of Commerce shall designate a senior staff member as the Executive Director to lead the Initiative. The Executive Director shall coordinate activities both within the Department of Commerce and with other executive departments and agencies that have activities relating to business investment decisions. (d) Federal Interagency Investment Working Group. (i) There is established the Federal Interagency Investment Working Group (Working Group), which will be convened and chaired by the Initiative’s Executive Director, in coordination with the Director of the National Eco- nomic Council. (ii) The Working Group shall consist of senior officials from the Depart- ments of State, the Treasury, Defense, Justice, the Interior, Agriculture, Commerce, Labor, Veterans Affairs, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, and Homeland Security, the Environmental Protection Agency, the Small Business Admin- istration, the Export-Import Bank of the United States, the Office of the United States Trade Representative, the Domestic Policy Council, the Na- tional Economic Council, the National Security Staff, the Office of Manage- ment and Budget, and the Council of Economic Advisers, as well as such additional executive departments, agencies, and offices as the Sec- retary of Commerce may designate. Senior officials shall be designated by and report to the Deputy Secretary or official at the equivalent level of their respective offices, departments, and agencies. (iii) The Working Group shall coordinate activities to promote business investment and respond to specific issues that affect business investment decisions. (iv) The Department of Commerce shall provide funding and administrative support for the Working Group to the extent permitted by law and within existing appropriations. (e) Department and Agency Participation. All executive departments and agencies that have activities relating to business investment decisions shall cooperate with the Initiative, as requested by the Initiative’s Executive Direc- tor, to support its objectives. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department, agency, or the head thereof, or the status of that department or agency within the Federal Government; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Mar<15>2010 17:05 Jun 17, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\20JNE0.SGM 20JNE0 mstockstill on DSK4VPTVN1PROD with PREDOCE0 35717 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Presidential Documents (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, June 15, 2011. [FR Doc. 2011–15443 Filed 6–17–11; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 17:05 Jun 17, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\20JNE0.SGM 20JNE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0

Establishment of the SelectUSA Initiative

2011-06-15T00:00:00

4d1ed1bebf6dc8c7c5f63b0cebda8019ccc97509497aeab171717a01f73d88d8

Presidential Executive Order

2011-10910 (13572)

Presidential Documents 24787 Federal Register Vol. 76, No. 85 Tuesday, May 3, 2011 Title 3— The President Executive Order 13572 of April 29, 2011 Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria 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, BARACK OBAMA, President of the United States of America, hereby expand the scope of the national emergency declared in Executive Order 13338 of May 11, 2004, and relied upon for additional steps taken in Executive Order 13399 of April 25, 2006, and in Executive Order 13460 of February 13, 2008, finding that the Government of Syria’s human rights abuses, including those related to the repression of the people of Syria, manifested most recently by the use of violence and torture against, and arbitrary arrests and detentions of, peaceful protestors by police, security forces, and other entities that have engaged in human rights abuses, constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and I hereby order: Section 1. All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, including any overseas branch, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (a) the persons listed in the Annex to this order; and (b) 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 responsible for ordering, control- ling, or otherwise directing, or to have participated in, the commission of human rights abuses in Syria, including those related to repression; (ii) to be a senior official of an entity whose property and interests in property are blocked pursuant to this order; (iii) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the activities described in subsection (b)(i) of this section or any person whose property and interests in property are blocked pursuant to Executive Order 13338, Executive Order 13460, or 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 Executive Order 13460 or this order. Sec. 2. 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 13338 and expanded in this order, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 3. The prohibitions in section 1 of this order include but are not limited to: VerDate Mar<15>2010 08:54 May 02, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\03MYE0.SGM 03MYE0 WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 24788 Federal Register / Vol. 76, No. 85 / Tuesday, May 3, 2011 / Presidential Documents (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 4. The prohibitions in section 1 of this order 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. Sec. 5. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 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 Syria’’ means the Government of the Syrian Arab Republic, its agencies, instrumentalities, and controlled entities. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13338 and expanded in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government 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. 9. The Secretary of the Treasury, in consultation with the Secretary of State, 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. 10. 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. VerDate Mar<15>2010 08:54 May 02, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\03MYE0.SGM 03MYE0 WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 24789 Federal Register / Vol. 76, No. 85 / Tuesday, May 3, 2011 / Presidential Documents Sec. 11. This order is effective at 1:00 p.m. eastern daylight time on April 29, 2011. THE WHITE HOUSE, April 29, 2011. Billing code 3195–W1–P [FR Doc. 2011–10910 Filed 5–2–11; 8:45 am] Billing code 4811–33–C VerDate Mar<15>2010 08:54 May 02, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03MYE0.SGM 03MYE0 OB#1.EPS</GPH> EO03MY11.036</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1

Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria

2011-04-29T00:00:00

1380568cd78bf136c081bf86f17ccde8e2b18245a4bc547794a4cfc4423918e2

Presidential Executive Order

2011-9739 (13570)

Presidential Documents 22291 Federal Register Vol. 76, No. 76 Wednesday, April 20, 2011 Title 3— The President Executive Order 13570 of April 18, 2011 Prohibiting Certain Transactions 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.), section 5 of the United Nations Participa- tion Act of 1945 (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code, and in view of United Nations Security Council Resolu- tion (UNSCR) 1718 of October 14, 2006, and UNSCR 1874 of June 12, 2009, I, BARACK OBAMA, President of the United States of America, in order to take additional steps to address the national emergency declared in Execu- tive Order 13466 of June 26, 2008, and expanded in Executive Order 13551 of August 30, 2010, that will ensure implementation of the import restrictions contained in UNSCRs 1718 and 1874 and complement the import restrictions provided for in the Arms Export Control Act (22 U.S.C. 2751 et seq.), hereby order: Section 1. Except to the extent provided in statutes or in licenses, regulations, orders, or directives that may be issued pursuant to this order, and notwith- standing any contract entered into or any license or permit granted prior to the date of this order, the importation into the United States, directly or indirectly, of any goods, services, or technology from North Korea is prohibited. Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. The provisions of Executive Orders 13466 and 13551 remain in effect, and this order does not affect any action taken pursuant to those orders. Sec. 4. 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 Korea’’ includes the territory of the Democratic People’s Republic of Korea and the Government of North Korea; and (e) the term ‘‘Government of North Korea’’ means the Government of the Democratic People’s Republic of Korea, its agencies, instrumentalities, and controlled entities. Sec. 5. 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 VerDate Mar<15>2010 18:34 Apr 19, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\20APD2.SGM 20APD2 jlentini on DSKJ8SOYB1PROD with FRD2 22292 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Presidential Documents by IEEPA and the UNPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government 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. 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 April 19, 2011. THE WHITE HOUSE, April 18, 2011. [FR Doc. 2011–9739 Filed 4–19–11; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 18:34 Apr 19, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\20APD2.SGM 20APD2 OB#1.EPS</GPH> jlentini on DSKJ8SOYB1PROD with FRD2

Prohibiting Certain Transactions With Respect to North Korea

2011-04-18T00:00:00

e0b611f9312dde12b7cf83a1fe0a6d7c0d1d03bcc52f925d662d58e53a21832e

Presidential Executive Order

2011-10732 (13571)

Presidential Documents 24339 Federal Register Vol. 76, No. 84 Monday, May 2, 2011 Title 3— The President Executive Order 13571 of April 27, 2011 Streamlining Service Delivery and Improving Customer Serv- ice By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to improve the quality of service to the public by the Federal Government, it is hereby ordered as follows: Section 1. Policy. The public deserves competent, efficient, and responsive service from the Federal Government. Executive departments and agencies (agencies) must continuously evaluate their performance in meeting this standard and work to improve it. To this end, Executive Order 12862 (Setting Customer Service Standards), issued on September 11, 1993, requires agencies that provide significant services directly to the public to identify and survey their customers, establish service standards and track performance against those standards, and benchmark customer service performance against the best in business. This effort to ‘‘put people first’’ was an important step. It was reinforced by a Presidential Memorandum for the Heads of Executive Departments and Agencies issued on March 22, 1995 (Improving Customer Service), and a further Presidential Memorandum issued on March 3, 1998 (Conducting ‘‘Conversations with America’’ to Further Improve Customer Service). However, with advances in technology and service delivery systems in other sectors, the public’s expectations of the Government have continued to rise. The Government must keep pace with and even exceed those expectations. Government must also address the need to improve its services, not only to individuals, but also to private and Governmental entities to which the agency directly provides significant services. Government managers must learn from what is working in the private sector and apply these best practices to deliver services better, faster, and at lower cost. Such best practices include increasingly popular lower-cost, self-service options accessed by the Internet or mobile phone and improved processes that deliver services faster and more responsively, reducing the overall need for customer inquiries and complaints. The Federal Government has a respon- sibility to streamline and make more efficient its service delivery to better serve the public. Sec. 2. Agency Customer Service Plans and Activities. Within 180 days of the date of this order, each agency shall develop, in consultation with the Office of Management and Budget (OMB), a Customer Service Plan (plan) to address how the agency will provide services in a manner that seeks to streamline service delivery and improve the experience of its cus- tomers. As used in this order, the term ‘‘customer’’ refers to any individual or to any entity, including a business, tribal, State or local government, or other agency, to which the agency directly provides significant services. The plan shall set forth the agency’s approach, intended benefits, and an implementation timeline for the following actions: (a) establishing one major initiative (signature initiative) that will use technology to improve the customer experience; (b) establishing mechanisms to solicit customer feedback on Government services and using such feedback regularly to make service improvements; (c) setting clear customer service standards and expectations, including, where appropriate, performance goals for customer service required by the VerDate Mar<15>2010 16:24 Apr 29, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\02MYE0.SGM 02MYE0 jlentini on DSKJ8SOYB1PROD with FRE0 24340 Federal Register / Vol. 76, No. 84 / Monday, May 2, 2011 / Presidential Documents GPRA (Government Performance and Results) Modernization Act of 2010 (Public Law 111–352); (d) improving the customer experience by adopting proven customer serv- ice best practices and coordinating across service channels (such as online, phone, in-person, and mail services); (e) streamlining agency processes to reduce costs and accelerate delivery, while reducing the need for customer calls and inquiries; and (f) identifying ways to use innovative technologies to accomplish the customer service activities above, thereby lowering costs, decreasing service delivery times, and improving the customer experience. Sec. 3. Publication of Agency Customer Service Plans. Each agency shall publish its plan on its Open Government web page. Sec. 4. Assistance in Implementation. In consultation with the heads of executive departments and agencies, the Chief Performance Officer, who also serves as the Deputy Director for Management of the OMB, shall develop guidance for implementing the activities outlined in this order. Such guid- ance shall include, among other things, the nature and scope of services to which the order’s requirements will apply. The Office of Management and Budget, the General Services Administration, and the Office of Science and Technology Policy shall assist and support agencies in developing cus- tomer service standards and plans, online posting of customer service metrics and best practices, expediting review for customer feedback mechanisms under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), improving the design and management of agency websites providing services or informa- tion to the public in compliance with section 508 of the Rehabilitation Act (29 U.S.C. 794d), and using innovative technologies to improve customer service at lower costs. Sec. 5. Independent Agencies. Independent agencies are requested to adhere to this order. Sec. 6. Privileged Information. Nothing in this order shall compel or authorize the disclosure of privileged information, law enforcement information, infor- mation affecting national security, or information the disclosure of which is prohibited by law. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department, agency, or the head thereof; or (ii) functions of the Director of the 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. VerDate Mar<15>2010 16:24 Apr 29, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\02MYE0.SGM 02MYE0 jlentini on DSKJ8SOYB1PROD with FRE0 24341 Federal Register / Vol. 76, No. 84 / Monday, May 2, 2011 / Presidential Documents (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, April 27, 2011. [FR Doc. 2011–10732 Filed 4–29–11; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 16:24 Apr 29, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\02MYE0.SGM 02MYE0 OB#1.EPS</GPH> jlentini on DSKJ8SOYB1PROD with FRE0

Streamlining Service Delivery and Improving Customer Service

2011-04-27T00:00:00

dd9717a7b4c4b115933b06ccfc12922402c77ed6c542147717ef7f4e77e2f440

Presidential Executive Order

2011-8642 (13569)

Presidential Documents 19891 Federal Register Vol. 76, No. 68 Friday, April 8, 2011 Title 3— The President Executive Order 13569 of April 5, 2011 Amendments to Executive Orders 12824, 12835, 12859, and 13532, Reestablishment Pursuant to Executive Order 13498, and Revocation of Executive Order 13507 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 12824, of December 7, 1992 (‘‘Establishing the Transportation Distinguished Service Medal’’), as amended, is hereby further amended by striking ‘‘a member of the Coast Guard’’ in section 1 and inserting in lieu thereof ‘‘any member of the Armed Forces of the United States’’. Sec. 2. Executive Order 12835 of January 25, 1993 (‘‘Establishment of the National Economic Council’’), as amended, is hereby further amended by striking ‘‘(o) Assistant to the President for Energy and Climate Change;’’ in section 2 and inserting in lieu thereof ‘‘(o) Chair of the Council on Environmental Quality;’’. Sec. 3. Executive Order 12859 of August 16, 1993 (‘‘Establishment of the Domestic Policy Council’’), as amended, is hereby further amended by striking ‘‘(v) Assistant to the President for Energy and Climate Change;’’ in section 2 and inserting in lieu thereof ‘‘(v) Chair of the Council on Environmental Quality;’’. Sec. 4. Executive Order 13532 of February 26, 2010 (‘‘Promoting Excellence, Innovation, and Sustainability at Historically Black Colleges and Univer- sities’’), is hereby amended by striking ‘‘34 C.F.R. 602.8’’ in section 4(a) and inserting in lieu thereof ‘‘34 C.F.R. 608.2’’. Sec. 5. The President’s Advisory Council on Faith-Based and Neighborhood Partnerships, as set forth under the provisions of Executive Order 13498 of February 5, 2009, is hereby reestablished and shall terminate 2 years from the date of this order unless extended by the President. Sec. 6. Executive Order 13507 of April 8, 2009 (‘‘Establishment of the White House Office of Health Reform’’), is hereby revoked. VerDate Mar<15>2010 18:23 Apr 07, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\08APE0.SGM 08APE0 jlentini on DSKJ8SOYB1PROD with FRE0 19892 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Presidential Documents 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, April 5, 2011. [FR Doc. 2011–8642 Filed 4–7–11; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 18:23 Apr 07, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\08APE0.SGM 08APE0 OB#1.EPS</GPH> jlentini on DSKJ8SOYB1PROD with FRE0

Amendments to Executive Orders 12824, 12835, 12859, and 13532, Reestablishment Pursuant to Executive Order 13498, and Revocation of Executive Order 13507

2011-04-05T00:00:00

2d014fd8e25f3a9e8431c7f53dab139326fbd0fbf2aeab650c0966d23e830b1f

Presidential Executive Order

2011-5728 (13567)

Presidential Documents 13277 Federal Register Vol. 76, No. 47 Thursday, March 10, 2011 Title 3— The President Executive Order 13567 of March 7, 2011 Periodic Review of Individuals Detained at Guanta ´namo Bay Naval Station Pursuant to the Authorization for Use of Mili- tary Force By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Authorization for Use of Military Force of September 2001 (AUMF), Public Law 107–40, and in order to ensure that military detention of individuals now held at the U.S. Naval Station, Guanta ´namo Bay, Cuba (Guanta ´namo), who were subject to the interagency review under section 4 of Executive Order 13492 of January 22, 2009, continues to be carefully evaluated and justified, consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows: Section 1. Scope and Purpose. (a) The periodic review described in section 3 of this order applies only to those detainees held at Guanta ´namo on the date of this order, whom the interagency review established by Executive Order 13492 has (i) designated for continued law of war detention; or (ii) referred for prosecution, except for those detainees against whom charges are pending or a judgment of conviction has been entered. (b) This order is intended solely to establish, as a discretionary matter, a process to review on a periodic basis the executive branch’s continued, discretionary exercise of existing detention authority in individual cases. It does not create any additional or separate source of detention authority, and it does not affect the scope of detention authority under existing law. Detainees at Guanta ´namo have the constitutional privilege of the writ of habeas corpus, and nothing in this order is intended to affect the jurisdiction of Federal courts to determine the legality of their detention. (c) In the event detainees covered by this order are transferred from Guanta ´namo to another U.S. detention facility where they remain in law of war detention, this order shall continue to apply to them. Sec. 2. Standard for Continued Detention. Continued law of war detention is warranted for a detainee subject to the periodic review in section 3 of this order if it is necessary to protect against a significant threat to the security of the United States. Sec. 3. Periodic Review. The Secretary of Defense shall coordinate a process of periodic review of continued law of war detention for each detainee described in section 1(a) of this order. In consultation with the Attorney General, the Secretary of Defense shall issue implementing guidelines gov- erning the process, consistent with the following requirements: (a) Initial Review. For each detainee, an initial review shall commence as soon as possible but no later than 1 year from the date of this order. The initial review will consist of a hearing before a Periodic Review Board (PRB). The review and hearing shall follow a process that includes the following requirements: (1) Each detainee shall be provided, in writing and in a language the detainee understands, with advance notice of the PRB review and an unclassified summary of the factors and information the PRB will consider in evaluating whether the detainee meets the standard set forth in section 2 of this order. The written summary shall be sufficiently comprehensive to provide adequate notice to the detainee of the reasons for continued detention. VerDate Mar<15>2010 11:31 Mar 09, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 jdjones on DSKHWCL6B1PROD with RULES6 13278 Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Presidential Documents (2) The detainee shall be assisted in proceedings before the PRB by a Government-provided personal representative (representative) who pos- sesses the security clearances necessary for access to the information de- scribed in subsection (a)(4) of this section. The representative shall advo- cate on behalf of the detainee before the PRB and shall be responsible for challenging the Government’s information and introducing information on behalf of the detainee. In addition to the representative, the detainee may be assisted in proceedings before the PRB by private counsel, at no expense to the Government. (3) The detainee shall be permitted to (i) present to the PRB a written or oral statement; (ii) introduce relevant information, including written declarations; (iii) answer any questions posed by the PRB; and (iv) call witnesses who are reasonably available and willing to provide information that is relevant and material to the standard set forth in section 2 of this order. (4) The Secretary of Defense, in coordination with other relevant Govern- ment agencies, shall compile and provide to the PRB all information in the detainee disposition recommendations produced by the Task Force established under Executive Order 13492 that is relevant to the determina- tion whether the standard in section 2 of this order has been met and on which the Government seeks to rely for that determination. In addition, the Secretary of Defense, in coordination with other relevant Government agencies, shall compile any additional information relevant to that deter- mination, and on which the Government seeks to rely for that determina- tion, that has become available since the conclusion of the Executive Order 13492 review. All mitigating information relevant to that determina- tion must be provided to the PRB. (5) The information provided in subsection (a)(4) of this section shall be provided to the detainee’s representative. In exceptional circumstances where it is necessary to protect national security, including intelligence sources and methods, the PRB may determine that the representative must receive a sufficient substitute or summary, rather than the underlying information. If the detainee is represented by private counsel, the informa- tion provided in subsection (a)(4) of this section shall be provided to such counsel unless the Government determines that the need to protect national security, including intelligence sources and methods, or law en- forcement or privilege concerns, requires the Government to provide coun- sel with a sufficient substitute or summary of the information. A sufficient substitute or summary must provide a meaningful opportunity to assist the detainee during the review process. (6) The PRB shall conduct a hearing to consider the information described in subsection (a)(4) of this section, and other relevant information provided by the detainee or the detainee’s representative or counsel, to determine whether the standard in section 2 of this order is met. The PRB shall consider the reliability of any information provided to it in making its determination. (7) The PRB shall make a prompt determination, by consensus and in writing, as to whether the detainee’s continued detention is warranted under the standard in section 2 of this order. If the PRB determines that the standard is not met, the PRB shall also recommend any conditions that relate to the detainee’s transfer. The PRB shall provide a written summary of any final determination in unclassified form to the detainee, in a language the detainee understands, within 30 days of the determination when practicable. (8) The Secretary of Defense shall establish a secretariat to administer the PRB review and hearing process. The Director of National Intelligence shall assist in preparing the unclassified notice and the substitutes or summaries described above. Other executive departments and agencies shall assist in the process of providing the PRB with information required for the review processes detailed in this order. VerDate Mar<15>2010 11:31 Mar 09, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 jdjones on DSKHWCL6B1PROD with RULES6 13279 Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Presidential Documents (b) Subsequent Full Review. The continued detention of each detainee shall be subject to subsequent full reviews and hearings by the PRB on a triennial basis. Each subsequent review shall employ the procedures set forth in section 3(a) of this order. (c) File Reviews. The continued detention of each detainee shall also be subject to a file review every 6 months in the intervening years between full reviews. This file review will be conducted by the PRB and shall consist of a review of any relevant new information related to the detainee compiled by the Secretary of Defense, in coordination with other relevant agencies, since the last review and, as appropriate, information considered during any prior PRB review. The detainee shall be permitted to make a written submission in connection with each file review. If, during the file review, a significant question is raised as to whether the detainee’s continued detention is warranted under the standard in section 2 of this order, the PRB will promptly convene a full review pursuant to the standards in section 3(a) of this order. (d) Review of PRB Determinations. The Review Committee (Committee), as defined in section 9(d) of this order, shall conduct a review if (i) a member of the Committee seeks review of a PRB determination within 30 days of that determination; or (ii) consensus within the PRB cannot be reached. Sec. 4. Effect of Determination to Transfer. (a) If a final determination is made that a detainee does not meet the standard in section 2 of this order, the Secretaries of State and Defense shall be responsible for ensuring that vigorous efforts are undertaken to identify a suitable transfer location for any such detainee, outside of the United States, consistent with the national security and foreign policy interests of the United States and the commitment set forth in section 2242(a) of the Foreign Affairs Reform and Restructuring Act of 1998 (Public Law 105–277). (b) The Secretary of State, in consultation with the Secretary of Defense, shall be responsible for obtaining appropriate security and humane treatment assurances regarding any detainee to be transferred to another country, and for determining, after consultation with members of the Committee, that it is appropriate to proceed with the transfer. (c) The Secretary of State shall evaluate humane treatment assurances in all cases, consistent with the recommendations of the Special Task Force on Interrogation and Transfer Policies established by Executive Order 13491 of January 22, 2009. Sec. 5. Annual Committee Review. (a) The Committee shall conduct an annual review of sufficiency and efficacy of transfer efforts, including: (1) the status of transfer efforts for any detainee who has been subject to the periodic review under section 3 of this order, whose continued detention has been determined not to be warranted, and who has not been transferred more than 6 months after the date of such determination; (2) the status of transfer efforts for any detainee whose petition for a writ of habeas corpus has been granted by a U.S. Federal court with no pending appeal and who has not been transferred; (3) the status of transfer efforts for any detainee who has been designated for transfer or conditional detention by the Executive Order 13492 review and who has not been transferred; and (4) the security and other conditions in the countries to which detainees might be transferred, including a review of any suspension of transfers to a particular country, in order to determine whether further steps to facilitate transfers are appropriate or to provide a recommendation to the President regarding whether continuation of any such suspension is warranted. (b) After completion of the initial reviews under section 3(a) of this order, and at least once every 4 years thereafter, the Committee shall review VerDate Mar<15>2010 11:31 Mar 09, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 jdjones on DSKHWCL6B1PROD with RULES6 13280 Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Presidential Documents whether a continued law of war detention policy remains consistent with the interests of the United States, including national security interests. Sec. 6. Continuing Obligation of the Departments of Justice and Defense to Assess Feasibility of Prosecution. As to each detainee whom the inter- agency review established by Executive Order 13492 has designated for continued law of war detention, the Attorney General and the Secretary of Defense shall continue to assess whether prosecution of the detainee is feasible and in the national security interests of the United States, and shall refer detainees for prosecution, as appropriate. Sec. 7. Obligation of Other Departments and Agencies to Assist the Secretary of Defense. All departments, agencies, entities, and officers of the United States, to the maximum extent permitted by law, shall provide the Secretary of Defense such assistance as may be requested to implement this order. Sec. 8. Legality of Detention. The process established under this order does not address the legality of any detainee’s law of war detention. If, at any time during the periodic review process established in this order, material information calls into question the legality of detention, the matter will be referred immediately to the Secretary of Defense and the Attorney General for appropriate action. Sec. 9. Definitions. (a) ‘‘Law of War Detention’’ means: detention authorized by the Congress under the AUMF, as informed by the laws of war. (b) ‘‘Periodic Review Board’’ means: a board composed of senior officials tasked with fulfilling the functions described in section 3 of this order, one appointed by each of the following departments and offices: the Depart- ments of State, Defense, Justice, and Homeland Security, as well as the Offices of the Director of National Intelligence and the Chairman of the Joint Chiefs of Staff. (c) ‘‘Conditional Detention’’ means: the status of those detainees designated by the Executive Order 13492 review as eligible for transfer if one of the following conditions is satisfied: (1) the security situation improves in Yemen; (2) an appropriate rehabilitation program becomes available; or (3) an appropriate third-country resettlement option becomes available. (d) ‘‘Review Committee’’ means: a committee composed of the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff. Sec. 10. General Provisions. (a) Nothing in this order shall prejudice the authority of the Secretary of Defense or any other official to determine the disposition of any detainee not covered by this order. (b) This order shall be implemented subject to the availability of necessary appropriations and consistent with applicable law including: the Convention Against Torture; Common Article 3 of the Geneva Conventions; the Detainee Treatment Act of 2005; and other laws relating to the transfer, treatment, and interrogation of individuals detained in an armed conflict. (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. VerDate Mar<15>2010 11:31 Mar 09, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 jdjones on DSKHWCL6B1PROD with RULES6 13281 Federal Register / Vol. 76, No. 47 / Thursday, March 10, 2011 / Presidential Documents (d) Nothing in this order, and no determination made under this order, shall be construed as grounds for release of detainees covered by this order into the United States. THE WHITE HOUSE, March 7, 2011. [FR Doc. 2011–5728 Filed 3–9–11; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 11:31 Mar 09, 2011 Jkt 223001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 OB#1.EPS</GPH> jdjones on DSKHWCL6B1PROD with RULES6

Periodic Review of Individuals Detained at Guantánamo Bay Naval Station Pursuant to the Authorization for Use of Military Force

2011-03-07T00:00:00

bf4bacc35e4ad51c4ca57c99e115ec33318f533624cd4e8b45a349d2cfbd1030

Presidential Executive Order

2011-5903 (13568)

Presidential Documents 13497 Federal Register Vol. 76, No. 48 Friday, March 11, 2011 Title 3— The President Executive Order 13568 of March 8, 2011 Extending Provisions of the International Organizations Im- munities Act to the Office of the High Representative in Bos- nia and Herzegovina and the International Civilian Office in Kosovo 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 (59 Stat. 669, 22 U.S.C. 288), and the Extending Immunities to the Office of the High Representative in Bosnia and Herzegovina and the International Civilian Office in Kosovo Act of 2010 (Public Law 111–177, 124 Stat. 1260), it is hereby ordered that all privileges, exemptions, and immunities provided by the International Organizations Act be extended to the Office of the High Representative in Bosnia and Herzegovina and to its officers and employees, and to the International Civilian Office in Kosovo and to its officers and employees. In the event either the Office of the High Representative in Bosnia and Herzegovina or the International Civilian Office in Kosovo is dissolved, the privileges, exemptions, and immunities of that organization under the International Organizations and Immunities Act, as well as those of its officers and employ- ees, shall continue to subsist. This extension is not intended to abridge in any respect privileges, exemp- tions, or immunities that the Office of the High Representative in Bosnia and Herzegovina or the International Civilian Office in Kosovo, or the officers and employees thereof, otherwise may have acquired or may acquire by law. THE WHITE HOUSE, March 8, 2011. [FR Doc. 2011–5903 Filed 3–10–11; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 18:10 Mar 10, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11MRE0.SGM 11MRE0 OB#1.EPS</GPH> jlentini on DSKJ8SOYB1PROD with FRE0

Extending Provisions of the International Organizations Immunities Act to the Office of the High Representative in Bosnia and Herzegovina and the International Civilian Office in Kosovo

2011-03-08T00:00:00

8b791ed577efc6ec95fc15c8238888ca5cd7cd17edf061715198a44dc7b0f107

Presidential Executive Order

2011-4753 (13566)

Presidential Documents 11315 Federal Register Vol. 76, No. 41 Wednesday, March 2, 2011 Title 3— The President Executive Order 13566 of February 25, 2011 Blocking Property and Prohibiting Certain Transactions Re- lated to Libya By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, find that Colonel Muammar Qadhafi, his government, and close associates have taken extreme measures against the people of Libya, including by using weapons of war, mercenaries, and wanton violence against unarmed civilians. I further find that there is a serious risk that Libyan state assets will be misappro- priated by Qadhafi, members of his government, members of his family, or his close associates if those assets are not protected. The foregoing cir- cumstances, the prolonged attacks, and the increased numbers of Libyans seeking refuge in other countries from the attacks, have caused a deterioration in the security of Libya and pose a serious risk to its stability, thereby constituting 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 order: Section 1. All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, including any overseas branch, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (a) the persons listed in the Annex to this order; and (b) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: (i) to be a senior official of the Government of Libya; (ii) to be a child of Colonel Muammar Qadhafi; (iii) to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have participated in, the commis- sion of human rights abuses related to political repression in Libya; (iv) to have materially assisted, sponsored, or provided financial, material, logistical, or technical support for, or goods or services in support of the activities described in subsection (b)(iii) of this section or any person whose property and interests in property are blocked pursuant to this order; (v) to be owned or controlled by, or to have acted or purported to act for or on behalf of, any person whose property and interests in property are blocked pursuant to this order; or (vi) to be a spouse or dependent child of any person whose property and interests in property are blocked pursuant to this order. Sec. 2. 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, including VerDate Mar<15>2010 07:38 Mar 01, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\02MRE0.SGM 02MRE0 WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 11316 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Presidential Documents any overseas branch, of the Government of Libya, its agencies, instrumental- ities, and controlled entities, and the Central Bank of Libya, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in. Sec. 3. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 4. 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 type 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 sections 1 and 2 of this order would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such dona- tions as provided by sections 1 and 2 of this order. Sec. 5. The prohibitions in sections 1 and 2 of this order include but are not limited to: (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. The prohibitions in sections 1 and 2 of this order 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. Sec. 7. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 8. Nothing in this order shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof. Sec. 9. 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; and (c) the term ‘‘United States person’’ means any United States citizen or national, 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. 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 as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government 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. VerDate Mar<15>2010 07:38 Mar 01, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\02MRE0.SGM 02MRE0 WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 11317 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Presidential Documents Sec. 11. The Secretary of the Treasury, in consultation with the Secretary of State, 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. 12. 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. 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. Sec. 14. This order is effective at 8:00 p.m. eastern standard time on February 25, 2011. THE WHITE HOUSE, February 25, 2011. Billing code 3195–W9–P VerDate Mar<15>2010 07:38 Mar 01, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\02MRE0.SGM 02MRE0 OB#1.EPS</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 11318 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Presidential Documents [FR Doc. 2011–4753 Filed 3–1–11; 8:45 am] Billing code 4811–33–C VerDate Mar<15>2010 07:38 Mar 01, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\02MRE0.SGM 02MRE0 ED02MR11.019</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1

Blocking Property and Prohibiting Certain Transactions Related to Libya

2011-02-25T00:00:00

4ac8e658db42d4c98f5bbfadb71cafc93114b6f04af5833797da3ac200f5d86e

Presidential Executive Order

2011-2577 (13564)

Presidential Documents 6309 Federal Register / Vol. 76, No. 23 / Thursday, February 3, 2011 / Presidential Documents Executive Order 13564 of January 31, 2011 Establishment of the President’s Council on Jobs and Com- petitiveness By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to continue to strengthen the Nation’s economy and ensure the competitiveness of the United States and to create jobs, opportunity, and prosperity for the American people by ensuring the availability of non-partisan advice to the President from participants in and experts on the economy, it is hereby ordered as follows: Section 1. There is hereby established within the Department of the Treasury the President’s Council on Jobs and Competitiveness (PCJC). The PCJC shall consist of members appointed by the President from among distinguished citizens outside the Federal Government and shall include citizens chosen to serve as representatives of the various sectors of the economy to offer the diverse perspectives of the private sector, employers, and workers on how the Federal Government can best foster growth, competitiveness, innova- tion, and job creation. The members may also include citizens selected based on their expertise and experience to offer independent advice. The President shall designate a Chair from among the members. A Co-Chair of the President’s Council of Advisors on Science and Technology who is not serving in the Federal Government and the Chair and Vice Chair of the President’s Export Council shall serve as ex-officio members. The Treasury may provide the PCJC with a staff, as necessary. Sec. 2. The functions of the PCJC are advisory only. The PCJC shall meet regularly and shall: (a) solicit ideas from across the country about how to bolster the economy and the prosperity of the American people that can inform the decision- making of the President, and with respect to matters deemed appropriate by the President, provide information and recommendations to any executive department or agency (agency) with responsibilities related to the economy, growth, innovation, American competitiveness, or job creation; (b) report directly to the President on the design, implementation, and evaluation of policies to promote the growth of the American economy, enhance the skills and education of Americans, maintain a stable and sound financial and banking system, create stable jobs for American workers, and improve the long-term prosperity and competitiveness of the American peo- ple; and (c) provide analysis and information with respect to the operation, regula- tion, and healthy functioning of the economy and other factors that may contribute to the sustainable growth and competitiveness of American indus- try and the American labor force. As deemed appropriate by the President, this analysis and information shall be provided to the Chairman of the Board of Governors of the Federal Reserve System, the National Economic Council, or any agency with responsibilities related to the economy, growth, innovation, American competitiveness, or job creation. Sec. 3. Administration of the PCJC. (a) All agencies and all offices within the Executive Office of the President shall cooperate with the PCJC and provide such information and assistance to the PCJC as the Chair of the PCJC may request, to the extent permitted by law. VerDate Mar<15>2010 18:07 Feb 02, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\03FEE0.SGM 03FEE0 mstockstill on DSKH9S0YB1PROD with PRESDOCE0 6310 Federal Register / Vol. 76, No. 23 / Thursday, February 3, 2011 / Presidential Documents (b) The Department of the Treasury shall provide funding and administra- tive support for the PCJC to the extent permitted by law and within existing appropriations. (c) Members of the PCJC shall serve without compensation but may receive transportation expenses, including per diem in lieu of subsistence, as author- ized by law for persons serving intermittently in the Government (5 U.S.C. 5701–5707), consistent with the availability of funds. Sec. 4. Termination. The PCJC shall terminate 2 years after the date of this order unless extended by the President. Sec. 5. Revocation of Executive Order 13501. Executive Order 13501 of February 6, 2009 (Establishing the President’s Economic Recovery Advisory Board), is hereby revoked. Sec. 6. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the ‘‘Act’’), may apply to the PCJC, any functions of the President under the Act, except for those in section 6 of the Act, shall be performed by the Secretary of the Treasury in accordance with the guidelines that have been issued by the Administrator of General Services. (b) Nothing in this order shall be construed to impair or otherwise affect: (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. (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. THE WHITE HOUSE, January 31, 2011. [FR Doc. 2011–2577 Filed 2–2–11; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 18:07 Feb 02, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\03FEE0.SGM 03FEE0 OB#1.EPS</GPH> mstockstill on DSKH9S0YB1PROD with PRESDOCE0

Establishment of the President's Council on Jobs and Competitiveness

2011-01-31T00:00:00

0bc296f21bb8a7ac6571a04c17dd420089eef5a6116629deb3c612550b2d773b

Presidential Executive Order

2011-1385 (13563)

Presidential Documents 3821 Federal Register Vol. 76, No. 14 Friday, January 21, 2011 Title 3— The President Executive Order 13563 of January 18, 2011 Improving Regulation and Regulatory Review By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to improve regulation and regulatory review, it is hereby ordered as follows: Section 1. General Principles of Regulation. (a) Our regulatory system must protect public health, welfare, safety, and our environment while promoting economic growth, innovation, competitiveness, and job creation. It must be based on the best available science. It must allow for public participation and an open exchange of ideas. It must promote predictability and reduce uncertainty. It must identify and use the best, most innovative, and least burdensome tools for achieving regulatory ends. It must take into account benefits and costs, both quantitative and qualitative. It must ensure that regulations are accessible, consistent, written in plain language, and easy to understand. It must measure, and seek to improve, the actual results of regulatory requirements. (b) This order is supplemental to and reaffirms the principles, structures, and definitions governing contemporary regulatory review that were estab- lished in Executive Order 12866 of September 30, 1993. As stated in that Executive Order and to the extent permitted by law, each agency must, among other things: (1) propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify); (2) tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) to the extent feasible, specify perform- ance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public. (c) In applying these principles, each agency is directed to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible. Where appropriate and permitted by law, each agency may consider (and discuss qualitatively) values that are difficult or impossible to quantify, including equity, human dignity, fairness, and distributive impacts. Sec. 2. Public Participation. (a) Regulations shall be adopted through a process that involves public participation. To that end, regulations shall be based, to the extent feasible and consistent with law, on the open exchange of information and perspectives among State, local, and tribal officials, ex- perts in relevant disciplines, affected stakeholders in the private sector, and the public as a whole. (b) To promote that open exchange, each agency, consistent with Executive Order 12866 and other applicable legal requirements, shall endeavor to provide the public with an opportunity to participate in the regulatory process. To the extent feasible and permitted by law, each agency shall afford the public a meaningful opportunity to comment through the Internet on any proposed regulation, with a comment period that should generally VerDate Mar<15>2010 21:18 Jan 20, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\21JAE0.SGM 21JAE0 Emcdonald on DSK2BSOYB1PROD with NOTICES 3822 Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Presidential Documents be at least 60 days. To the extent feasible and permitted by law, each agency shall also provide, for both proposed and final rules, timely online access to the rulemaking docket on regulations.gov, including relevant sci- entific and technical findings, in an open format that can be easily searched and downloaded. For proposed rules, such access shall include, to the extent feasible and permitted by law, an opportunity for public comment on all pertinent parts of the rulemaking docket, including relevant scientific and technical findings. (c) Before issuing a notice of proposed rulemaking, each agency, where feasible and appropriate, shall seek the views of those who are likely to be affected, including those who are likely to benefit from and those who are potentially subject to such rulemaking. Sec. 3. Integration and Innovation. Some sectors and industries face a signifi- cant number of regulatory requirements, some of which may be redundant, inconsistent, or overlapping. Greater coordination across agencies could re- duce these requirements, thus reducing costs and simplifying and harmo- nizing rules. In developing regulatory actions and identifying appropriate approaches, each agency shall attempt to promote such coordination, sim- plification, and harmonization. Each agency shall also seek to identify, as appropriate, means to achieve regulatory goals that are designed to promote innovation. Sec. 4. Flexible Approaches. Where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, each agency shall identify and consider regulatory approaches that reduce burdens and main- tain flexibility and freedom of choice for the public. These approaches include warnings, appropriate default rules, and disclosure requirements as well as provision of information to the public in a form that is clear and intelligible. Sec. 5. Science. Consistent with the President’s Memorandum for the Heads of Executive Departments and Agencies, ‘‘Scientific Integrity’’ (March 9, 2009), and its implementing guidance, each agency shall ensure the objectivity of any scientific and technological information and processes used to support the agency’s regulatory actions. Sec. 6. Retrospective Analyses of Existing Rules. (a) To facilitate the periodic review of existing significant regulations, agencies shall consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned. Such retrospective analyses, including supporting data, should be released online whenever possible. (b) Within 120 days of the date of this order, each agency shall develop and submit to the Office of Information and Regulatory Affairs a preliminary plan, consistent with law and its resources and regulatory priorities, under which the agency will periodically review its existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency’s regulatory program more effective or less burdensome in achieving the regulatory objectives. Sec. 7. General Provisions. (a) For purposes of this order, ‘‘agency’’ shall have the meaning set forth in section 3(b) of Executive Order 12866. (b) Nothing in this order shall be construed to impair or otherwise affect: (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. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Mar<15>2010 21:18 Jan 20, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\21JAE0.SGM 21JAE0 Emcdonald on DSK2BSOYB1PROD with NOTICES 3823 Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Presidential Documents (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, January 18, 2011. [FR Doc. 2011–1385 Filed 1–20–11; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 21:18 Jan 20, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\21JAE0.SGM 21JAE0 OB#1.EPS</GPH> Emcdonald on DSK2BSOYB1PROD with NOTICES

Improving Regulation and Regulatory Review

2011-01-18T00:00:00

8c42d10e6476f4a261b4900e9f5c156eba7501370ffc8f3bb759d36c478bb3b8

Presidential Executive Order

2010-33169 (13562)

Presidential Documents 82585 Federal Register Vol. 75, No. 248 Thursday, December 30, 2010 Title 3— The President Executive Order 13562 of December 27, 2010 Recruiting and Hiring Students and Recent Graduates 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 diverse workforce that includes students and recent graduates, who infuse the workplace with their enthusiasm, talents, and unique perspectives. The existing competitive hiring process for the Federal civil service, however, is structured in a manner that, even at the entry level, favors job applicants who have signifi- cant previous work experience. This structure, along with the complexity of the rules governing admission to the career civil service, creates a barrier to recruiting and hiring students and recent graduates. It places the Federal Government at a competitive disadvantage compared to private-sector em- ployers when it comes to hiring qualified applicants for entry-level positions. To compete effectively for students and recent graduates, the Federal Govern- ment must improve its recruiting efforts; offer clear paths to Federal intern- ships for students from high school through post-graduate school; offer clear paths to civil service careers for recent graduates; and provide meaningful training, mentoring, and career-development opportunities. Further, exposing students and recent graduates to Federal jobs through internships and similar programs attracts them to careers in the Federal Government and enables agency employers to evaluate them on the job to determine whether they are likely to have successful careers in Government. Accordingly, pursuant to my authority under 5 U.S.C. 3302(1), and in order to achieve a workforce that represents all segments of society as provided in 5 U.S.C. 2301(b)(1), I find that conditions of good administration (specifi- cally, the need to promote employment opportunities for students and recent graduates in the Federal workforce) make necessary an exception to the competitive hiring rules for certain positions in the Federal civil service. Sec. 2. Establishment. There are hereby established the Internship Program and the Recent Graduates Program, which, along with the Presidential Man- agement Fellows Program, as modified herein, shall collectively be known as the Pathways Programs. I therefore direct the Director of the Office of Personnel Management (OPM) to issue regulations implementing the Path- ways Programs consistent with this order, including: (a) a description of the positions that executive departments and agencies (agencies) may fill through the Pathways Programs because conditions of good administration necessitate excepting those positions from the competi- tive hiring rules; (b) rules governing whether, to what extent, and in what manner public notice should be provided of job opportunities in the Pathways Programs; (c) a description of career-development, training, and mentorship opportu- nities for participants in the Pathways Programs; (d) requirements that managers meaningfully assess the performance of participants in the Pathways Programs to identify those who should be considered for conversion to career civil service positions; (e) a description of OPM oversight of agency use of the Pathways Programs to ensure that (i) they serve as a supplement to, and not a substitute for, VerDate Mar<15>2010 23:31 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 emcdonald on DSK2BSOYB1PROD with NOTICES6 82586 Federal Register / Vol. 75, No. 248 / Thursday, December 30, 2010 / Presidential Documents the competitive hiring process, and (ii) agencies are using the Pathways Programs in a genuine effort to develop talent for careers in the civil service; (f) a description of OPM plans to evaluate agencies’ effectiveness in recruit- ing and retaining talent using the Pathways Programs and of the satisfaction of Pathways Programs participants and their hiring managers; and (g) standard naming conventions across agencies, so that students and recent graduates can clearly understand and compare the career pathway opportunities available to them in the Federal Government. Sec. 3. Internship Program. The Internship Program shall provide students in high schools, community colleges, 4-year colleges, trade schools, career and technical education programs, and other qualifying educational institu- tions and programs, as determined by OPM, with paid opportunities to work in agencies and explore Federal careers while still in school. The Internship Program would replace the existing Student Career Experience Program, established pursuant to Executive Order 12015 of October 26, 1977. The following principles and policies shall govern the Internship Program: (a) Participants in the program shall be referred to as ‘‘Interns’’ and shall be students enrolled, or accepted for enrollment, in qualifying educational institutions and programs, as determined by OPM. (b) Subject to any exceptions OPM may establish by regulation, agencies shall provide Interns with meaningful developmental work and set clear expectations regarding the work experience of the intern. (c) Students employed by third-party internship providers but placed in agencies may, to the extent permitted by OPM regulations, be treated as participants in the Internship Program. Sec. 4. Recent Graduates Program. The Recent Graduates Program shall provide individuals who have recently graduated from qualifying educational institutions or programs with developmental experiences in the Federal Gov- ernment intended to promote possible careers in the civil service. The fol- lowing principles and policies shall govern the Recent Graduates Program: (a) Participants in the program shall be referred to as ‘‘Recent Graduates’’ and must have obtained a qualifying degree, or completed a qualifying career or technical education program, as determined by OPM, within the preceding 2 years, except that veterans who, due to their military service obligation, were precluded from participating in the Recent Graduates Pro- gram during the 2-year period after obtaining a qualifying degree or com- pleting a qualifying program shall be eligible to participate in the Program within 6 years of obtaining a qualifying degree or completing a qualifying program. (b) Responsibilities assigned to a Recent Graduate shall be consistent with his or her qualifications, educational background, and career interests, the purpose of the Recent Graduates Program, and agency needs. Sec. 5. Presidential Management Fellows Program. The Presidential Manage- ment Fellows (PMF) Program is an existing program established pursuant to Executive Order 13318 of November 21, 2003, that aims to attract to the Federal service outstanding men and women from a variety of academic disciplines at the graduate level who have a clear interest in, and commitment to, the leadership and management of public policies and programs. The following requirements shall govern the PMF Program upon the revocation of Executive Order 13318, as provided in section 8 of this order: (a) Participants in this program shall continue to be known as Presidential Management Fellows (PMFs or Fellows) and must have received, within the preceding 2 years, a qualifying advanced degree, as determined by OPM. (b) Responsibilities assigned to a PMF shall be consistent with the PMF’s qualifications, educational background, and career interests, the purposes of the PMF Program, and agency needs. VerDate Mar<15>2010 23:31 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 emcdonald on DSK2BSOYB1PROD with NOTICES6 82587 Federal Register / Vol. 75, No. 248 / Thursday, December 30, 2010 / Presidential Documents (c) OPM shall establish the eligibility requirements and minimum qualifica- tions for the program, as well as a process for assessing eligible individuals for consideration for appointment as PMFs. Sec. 6. Appointment and Conversion. (a) Appointments to any of the Path- ways Programs shall be under Schedule D of the excepted service, as estab- lished by section 7 of this order. (b) Appointments to the Recent Graduates or PMF Programs shall not exceed 2 years, unless extended by the employing agency for up to 120 days thereafter. (c) Appointment to a Pathways Program shall confer no right to further Federal employment in either the competitive or excepted service upon the expiration of the appointment, except that agencies may convert eligible participants noncompetitively to term, career, or career conditional appoint- ments after satisfying requirements to be established by OPM, and agencies may noncompetitively convert participants who were initially converted to a term appointment under this section to a career or career-conditional appointment before the term appointment expires. 5 CFR PART 6 ■PART 6—[AMENDED] Sec. 7. Implementation. (a) Civil Service Rule VI is amended as follows: (i) 5 CFR 6.1(a) is amended to read: OPM may except positions from the competitive service when it deter- mines that (A) appointments thereto through competitive examination are not practicable, or (B) recruitment from among students attending qualifying educational institutions or individuals who have recently com- pleted qualifying educational programs can better be achieved by devising additional means for recruiting and assessing candidates that diverge from the processes generally applicable to the competitive service. These positions shall be listed in OPM’s annual report for the fiscal year in which the exceptions are made. (ii) 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, 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 com- petitive 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 recently completed qualifying educational programs. These positions, which are temporarily placed in the excepted service to en- able 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. (iii) The first sentence of 5 CFR 6.4 is amended to read: Except as may be required by statute, the Civil Service Rules and Regula- tions shall not apply to removals from positions listed in Schedules A, C, or D or from positions excepted from the competitive service by statute. The second sentence of 5 CFR 6.4 is to remain unchanged. (iv) The first sentence of 5 CFR 6.6 is amended to read: VerDate Mar<15>2010 23:31 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 emcdonald on DSK2BSOYB1PROD with NOTICES6 82588 Federal Register / Vol. 75, No. 248 / Thursday, December 30, 2010 / Presidential Documents OPM may remove any position from or may revoke in whole or in part any provision of Schedule A, B, C, or D. The second sentence of 5 CFR 6.6 is to remain unchanged. (b) The Director of OPM shall: (i) promulgate such regulations as the Director determines may be necessary to implement this order; (ii) provide oversight of the Pathways Programs; (iii) establish, if appropriate, a Government-wide cap on the number of noncompetitive conversions to the competitive service of Interns, Recent Graduates, or PMFs (or a Government-wide combined conversion cap appli- cable to all three categories together); (iv) administer, and review and revise annually or as needed, any Govern- ment-wide cap established pursuant to this subsection; (v) provide guidance on conducting an orderly transition from existing student and internship programs to the Pathways Programs established pursuant to this order; and (vi) consider for publication in the Federal Register at an appropriate time a proposed rule seeking public comment on the elimination of the Student Temporary Employment Program, established through OPM regula- tions at 5 CFR 213.3202(a). (c) In accordance with regulations prescribed pursuant to this order and applicable law, agencies shall: (i) use appropriate merit-based procedures for recruitment, assessment, placement, and ongoing career development for participants in the Path- ways Programs; (ii) provide for equal employment opportunity in the Pathways Programs without regard to race, ethnicity, color, religion, sex, national origin, age, disability, sexual orientation, or any other non-merit-based factor; (iii) apply veterans’ preference criteria; and (iv) within 45 days of the date of this order, designate a Pathways Programs Officer (at the agency level, or at bureaus or components within the agency) to administer Pathways Programs, to serve as liaison with OPM, and to report to OPM on the implementation of the Pathways Programs and the individuals hired under them. Sec. 8. Prior Executive Orders. (a) Effective March 1, 2011, Executive Order 13162 (Federal Career Intern Program) is superseded and revoked. Any indi- viduals serving in appointments under that order on March 1, 2011, shall be converted to the competitive service, effective on that date, with no loss of pay or benefits. (b) On the effective date of final regulations promulgated by the Director of OPM to implement the Internship Program, Executive Order 12015 (pursu- ant to which the Student Career Experience Program was established), as amended, is superseded and revoked. (c) On the effective date of final regulations promulgated by the Director of OPM to implement changes to the PMF Program required by this order, Executive Order 13318 (Presidential Management Fellows Program), as amended, is superseded and revoked. Sec. 9. 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) authority granted by law, regulation, Executive Order, or Presidential Directive to an executive department, agency, or head thereof; or (ii) functions of the Director of the Office of Management and Budget 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 VerDate Mar<15>2010 23:31 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 emcdonald on DSK2BSOYB1PROD with NOTICES6 82589 Federal Register / Vol. 75, No. 248 / Thursday, December 30, 2010 / Presidential Documents against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, December 27, 2010. [FR Doc. 2010–33169 Filed 12–29–10; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 23:31 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\30DEE0.SGM 30DEE0 OB#1.EPS</GPH> emcdonald on DSK2BSOYB1PROD with NOTICES6

Recruiting and Hiring Students and Recent Graduates

2010-12-27T00:00:00

bedb9258ae155cb089799dc928fe28640f122c1592919552ad9fcfa780615ebb

Presidential Executive Order

2010-29579 (13559)

Presidential Documents 71319 Federal Register Vol. 75, No. 224 Monday, November 22, 2010 Title 3— The President Executive Order 13559 of November 17, 2010 Fundamental Principles and Policymaking Criteria for Part- nerships With Faith-Based and Other Neighborhood Organi- zations By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to guide Federal agencies in formulating and developing policies with implications for faith-based and other neighborhood organizations, to promote compliance with constitu- tional and other applicable legal principles, and to strengthen the capacity of faith-based and other neighborhood organizations to deliver services effec- tively to those in need, it is hereby ordered: Section 1. Amendments to Executive Order 13279. Executive Order 13279 of December 12, 2002 (Equal Protection of the Laws for Faith-Based and Community Organizations), as amended, is hereby further amended: (a) in section 1, by striking subsection (e), and inserting in lieu thereof the following: ‘‘(e) ‘Specified agency heads’ means: (i) the Attorney General; (ii) the Secretary of Agriculture; (iii) the Secretary of Commerce; (iv) the Secretary of Labor; (v) the Secretary of Health and Human Services; (vi) the Secretary of Housing and Urban Development; (vii) the Secretary of Education; (viii) the Secretary of Veterans Affairs; (ix) the Secretary of Homeland Security; (x) the Administrator of the Environmental Protection Agency; (xi) the Administrator of the Small Business Administration; (xii) the Administrator of the United States Agency for International Devel- opment; and (xiii) the Chief Executive Officer of the Corporation for National and Community Service.’’; (b) by striking section 2, and inserting in lieu thereof the following: ‘‘Sec. 2. Fundamental Principles. In formulating and implementing policies that have implications for faith-based and other neighborhood organizations, agencies that administer social service programs or that support (including through prime awards or sub-awards) social service programs with Federal financial assistance shall, to the extent permitted by law, be guided by the following fundamental principles: (a) Federal financial assistance for social service programs should be dis- tributed in the most effective and efficient manner possible. (b) The Nation’s social service capacity will benefit if all eligible organiza- tions, including faith-based and other neighborhood organizations, are able to compete on an equal footing for Federal financial assistance used to support social service programs. VerDate Mar<15>2010 19:06 Nov 19, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\22NOE0.SGM 22NOE0 jlentini on DSKJ8SOYB1PROD with FRE0 71320 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Presidential Documents (c) No organization should be discriminated against on the basis of religion or religious belief in the administration or distribution of Federal financial assistance under social service programs. (d) All organizations that receive Federal financial assistance under social service programs should be prohibited from discriminating against bene- ficiaries or prospective beneficiaries of the social service programs on the basis of religion or religious belief. Accordingly, organizations, in providing services supported in whole or in part with Federal financial assistance, and in their outreach activities related to such services, should not be allowed to discriminate against current or prospective program beneficiaries on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. (e) The Federal Government must implement Federal programs in accord- ance with the Establishment Clause and the Free Exercise Clause of the First Amendment to the United States Constitution, as well as other applica- ble law, and must monitor and enforce standards regarding the relationship between religion and government in ways that avoid excessive entanglement between religious bodies and governmental entities. (f) Organizations that engage in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization) must perform such activities and offer such services outside of programs that are supported with direct Federal financial assistance (including through prime awards or sub-awards), separately in time or location from any such programs or services supported with direct Federal financial assistance, and participation in any such explicitly religious activities must be voluntary for the beneficiaries of the social service program supported with such Federal financial assistance. (g) Faith-based organizations should be eligible to compete for Federal financial assistance used to support social service programs and to participate fully in the social service programs supported with Federal financial assist- ance without impairing their independence, autonomy, expression outside the programs in question, or religious character. Accordingly, a faith-based organization that applies for, or participates in, a social service program supported with Federal financial assistance may retain its independence and may continue to carry out its mission, including the definition, develop- ment, practice, and expression of its religious beliefs, provided that it does not use direct Federal financial assistance that it receives (including through a prime award or sub-award) to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), or in any other manner prohibited by law. Among other things, faith-based organizations that receive Federal financial assistance may use their facilities to provide social services supported with Federal financial assistance, without removing or altering religious art, icons, scriptures, or other symbols from these facilities. In addition, a faith-based organization that applies for, or participates in, a social service program supported with Federal financial assistance may retain religious terms in its name, select its board members on a religious basis, and include religious references in its organization’s mission statements and other chartering or governing documents. (h) Each agency responsible for administering or awarding Federal financial assistance for social service programs shall offer protections for beneficiaries of such programs pursuant to the following principles: (i) Referral to an Alternative Provider. If a beneficiary or prospective beneficiary of a social service program supported by Federal financial assistance objects to the religious character of an organization that provides services under the program, that organization shall, within a reasonable time after the date of the objection, refer the beneficiary to an alternative provider. (ii) Agency Responsibilities. Each agency responsible for administering a social service program or supporting a social service program with VerDate Mar<15>2010 19:06 Nov 19, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\22NOE0.SGM 22NOE0 jlentini on DSKJ8SOYB1PROD with FRE0 71321 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Presidential Documents Federal financial assistance shall establish policies and procedures de- signed to ensure that (1) appropriate and timely referrals are made to an alternative provider; (2) all referrals are made in a manner consistent with all applicable privacy laws and regulations; (3) the organization subject to subsection (h)(i) notifies the agency of any referral; (4) such organization has established a process for determining whether the bene- ficiary has contacted the alternative provider; and (5) each beneficiary of a social service program receives written notice of the protections set forth in this subsection prior to enrolling in or receiving services from such program. (i) To promote transparency and accountability, agencies that provide Federal financial assistance for social service programs shall post online, in an easily accessible manner, regulations, guidance documents, and policies that reflect or elaborate upon the fundamental principles described in this section. Agencies shall also post online a list of entities that receive Federal financial assistance for provision of social service programs, consistent with law and pursuant to guidance set forth in paragraph (c) of section 3 of this order. (j) Decisions about awards of Federal financial assistance must be free from political interference or even the appearance of such interference and must be made on the basis of merit, not on the basis of the religious affiliation of a recipient organization or lack thereof.’’; (c) by striking section 3, and inserting in lieu thereof the following: ‘‘Sec. 3. Ensuring Uniform Implementation Across the Federal Government. In order to promote uniformity in agencies’ policies that have implications for faith-based and other neighborhood organizations and in related guidance, and to ensure that those policies and guidance are consistent with the fundamental principles set forth in section 2 of this order, there is established an Interagency Working Group on Faith-Based and Other Neighborhood Partnerships (Working Group). (a) Mission and Function of the Working Group. The Working Group shall meet periodically to review and evaluate existing agency regulations, guidance documents, and policies that have implications for faith-based and other neighborhood organizations. Where appropriate, specified agency heads shall, to the extent permitted by law, amend all such existing policies of their respective agencies to ensure that they are consistent with the fundamental principles set forth in section 2 of this order. (b) Uniform Agency Implementation. Within 120 days of the date of this order, the Working Group shall submit a report to the President on amend- ments, changes, or additions that are necessary to ensure that regulations and guidance documents associated with the distribution of Federal financial assistance for social service programs are consistent with the fundamental principles set forth in section 2 of this order. The Working Group’s report should include, but not be limited to, a model set of regulations and guidance documents for agencies to adopt in the following areas: (i) prohibited uses of direct Federal financial assistance and separation requirements; (ii) protections for religious identity; (iii) the distinction be- tween ‘‘direct’’ and ‘‘indirect’’ Federal financial assistance; (iv) protections for beneficiaries of social service programs; (v) transparency requirements, consistent with and in furtherance of existing open government initiatives; (vi) obligations of nongovernmental and governmental intermediaries; (vii) instructions for peer reviewers and those who recruit peer reviewers; and (viii) training on these matters for government employees and for Federal, State, and local governmental and nongovernmental organizations that receive Federal financial assistance under social service programs. In developing this report and in reviewing agency regulations and guidance for consistency with section 2 of this order, the Working Group shall consult the March 2010 report and recommendations prepared by the President’s Advisory Council on Faith-Based and Neighborhood Partnerships on the topic of reforming the Office of Faith-Based and Neighborhood Partnerships. VerDate Mar<15>2010 19:31 Nov 19, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\22NOE0.SGM 22NOE0 jlentini on DSKJ8SOYB1PROD with FRE0 71322 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Presidential Documents (c) Guidance. The Director of the Office of Management and Budget (OMB), following receipt of a copy of the report of the Working Group, and in coordination with the Department of Justice, shall issue guidance to agencies on the implementation of this order, including in particular subsections 2(h)–(j). (d) Membership of the Working Group. The Director of the Office of Faith-Based and Neighborhood Partnerships and a senior official from the OMB designated by the Director of the OMB shall serve as the Co-Chairs of the Working Group. The Co-Chairs shall convene regular meetings of the Working Group, determine its agenda, and direct its work. In addition to the Co-Chairs, the Working Group shall consist of a senior official with knowledge of policies that have implications for faith-based and other neigh- borhood organizations from the following agencies and offices: (i) the Department of State; (ii) the Department of Justice; (iii) the Department of the Interior; (iv) the Department of Agriculture; (v) the Department of Commerce; (vi) the Department of Labor; (vii) the Department of Health and Human Services; (viii) the Department of Housing and Urban Development; (ix) the Department of Education; (x) the Department of Veterans Affairs; (xi) the Department of Homeland Security; (xii) the Environmental Protection Agency; (xiii) the Small Business Administration; (xiv) the United States Agency for International Development; (xv) the Corporation for National and Community Service; and (xvi) other agencies and offices as the President, from time to time, may designate. (e) Administration of the Initiative. The Department of Health and Human Services shall provide funding and administrative support for the Working Group to the extent permitted by law and within existing appropriations.’’; and (d) by striking in the title, preamble, and section 1(c), ‘‘community’’ and inserting in lieu thereof ‘‘other neighborhood’’. Sec. 2. General Provisions. (a) This order amends the requirements contained in Executive Order 13279. This order supplements, but does not supersede, the requirements contained in Executive Orders 13198 and 13199 of January 29, 2001, and Executive Order 13498 of February 5, 2009. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department, agency, or the head thereof; or (ii) functions of the Director of the OMB relating to budgetary, administra- tive, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. VerDate Mar<15>2010 19:31 Nov 19, 2010 Jkt 223001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\22NOE0.SGM 22NOE0 jlentini on DSKJ8SOYB1PROD with FRE0 71323 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Presidential Documents (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, November 17, 2010. [FR Doc. 2010–29579 Filed 11–19–10; 11:15 am] Billing code 3195–W1–P VerDate Mar<15>2010 19:31 Nov 19, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\22NOE0.SGM 22NOE0 OB#1.EPS</GPH> jlentini on DSKJ8SOYB1PROD with FRE0

Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations

2010-11-17T00:00:00

c922b4d55dcc3917b338b80c310408b097dd8262bd0e6a4b7d24d33b59beb15b

Presidential Executive Order

2010-31878 (13560)

Presidential Documents 78875 Federal Register Vol. 75, No. 242 Friday, December 17, 2010 Title 3— The President Executive Order 13560 of December 14, 2010 White House Council for Community Solutions By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to encourage the growth and maximize the impact of innovative community solutions and civic par- ticipation by all Americans, it is hereby ordered as follows: Section 1. Establishment. There is established the White House Council for Community Solutions (Council) within the Corporation for National and Community Service (CNCS) to support the social innovation and civic partici- pation agenda of the Domestic Policy Council. Sec. 2. Mission and Functions of the Council. The Council shall support the nationwide ‘‘Call To Service’’ campaign authorized in the Serve America Act (Public Law 111–13) by: (a) identifying the key attributes of effective community-developed solu- tions to our national problems; (b) identifying specific policy areas in which the Federal Government is investing significant resources that lend themselves to cross-sector collabo- ration and providing recommendations for such collaborations; (c) highlighting examples of best practices, tools, and models that are making a demonstrable positive impact in communities and fostering in- creased cross-sector collaboration and civic participation; (d) making recommendations to the President on how to engage individ- uals, State and local governments, institutions of higher education, non- profit and philanthropic organizations, community groups, and businesses to support innovative community-developed solutions that have a significant impact in solving our Nation’s most serious problems; and (e) honoring and highlighting the work of leaders in service and social innovation who are making a significant impact in their communities. Sec. 3. Membership. (a) The Council shall be composed of not more than 30 members from outside the Federal Government appointed by the President. The Chair of the Board of Directors of the CNCS shall also serve on the Council. Appointed members of the Council may include individuals with relevant experience or subject matter expertise that the President deems appropriate, as well as individuals who may serve as representatives of a variety of sectors, including, among others, State and local governments, institutions of higher education, non-profit and philanthropic organizations, community groups, and businesses. (b) The President shall designate one of the members of the Council to serve as Chair. The Chair shall convene and preside at meetings of the Council. (c) The term of office of members appointed by the President shall be 2 years, and members shall be eligible for reappointment. Members may continue to serve after the expiration of their terms until the President appoints a successor. A member appointed to fill a vacancy shall serve only for the unexpired term of such vacancy. Sec. 4. Administration. (a) The CNCS shall provide funding and administra- tive support for the Council to the extent permitted by law and within existing appropriations. (b) The heads of executive departments and agencies shall assist and provide information to the Council, consistent with applicable law and VerDate Mar<15>2010 16:07 Dec 16, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\17DEE0.SGM 17DEE0 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 78876 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Presidential Documents subject to the availability of appropriations, as may be necessary to carry out the functions of the Council. (c) 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). (d) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the ‘‘Act’’), may apply to the administration of the Council, any functions of the President under the Act, except that of reporting to the Congress, shall be performed by the Chief Executive Officer of the CNCS in accordance with the guidelines issued by the Administrator of General Services. Sec. 5. Termination. The Council shall terminate 2 years from the date of this order, unless renewed by the President. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive department, agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, December 14, 2010. [FR Doc. 2010–31878 Filed 12–16–10; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 16:07 Dec 16, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\17DEE0.SGM 17DEE0 OB#1.EPS</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

White House Council for Community Solutions

2010-12-14T00:00:00

6d946ed8daaea94ae9400f21e408f9071b881e999270441b2f8849bc88053675

Presidential Executive Order

2011-3257 (13565)

Presidential Documents 7681 Federal Register Vol. 76, No. 29 Friday, February 11, 2011 Title 3— The President Executive Order 13565 of February 8, 2011 Establishment of the Intellectual Property Enforcement Advi- sory Committees By the authority vested in me as President by the Constitution and the laws of the United States of America, including title III of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110–403)(15 U.S.C. 8111–8116) (the ‘‘PRO IP Act’’), and in order to strengthen the efforts of the Federal Government to encourage innovation through the effective and efficient enforcement of laws protecting copyrights, patents, trademarks, trade secrets, and other forms of intellectual property, both in the United States and abroad, including matters relating to combating infringement, and thereby support efforts to reinvigorate the Nation’s global competitiveness, accelerate export growth, promote job creation, and reduce threats posed to national security and to public health and safety, it is hereby ordered as follows: Section 1. Senior Intellectual Property Enforcement Advisory Committee. (a) Establishment of Committee. There is established an interagency Senior Intellectual Property Enforcement Advisory Committee (Senior Advisory Committee), which shall be chaired by the Intellectual Property Enforcement Coordinator (Coordinator), Executive Office of the President. (b) Membership. The Senior Advisory Committee shall be composed of the Coordinator, who shall chair it, and the heads of, or the deputies to the heads of: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Justice; (iv) the Department of Agriculture; (v) the Department of Commerce; (vi) the Department of Health and Human Services; (vii) the Department of Homeland Security; (viii) the Office of Management and Budget; and (ix) the Office of the United States Trade Representative. A member of the Senior Advisory Committee may, in consultation with the Coordinator, designate a senior-level official from the member’s depart- ment or agency who holds a position for which Senate confirmation is required to perform the Senior Advisory Committee functions of the member. (c) Mission and Functions. Consistent with the authorities assigned to the Coordinator, and other applicable law, the Senior Advisory Committee shall advise the Coordinator and facilitate the formation and implementation of each Joint Strategic Plan required every 3 years under title III of the PRO IP Act (15 U.S.C. 8113), consistent with this order. (d) Administration. The Coordinator shall coordinate and support the work of the Senior Advisory Committee in fulfilling its functions under this order. The Coordinator shall convene the first meeting of the Senior Advisory Committee within 90 days of the date of this order and shall thereafter convene such meetings as appropriate. Sec. 2. Intellectual Property Enforcement Advisory Committee. VerDate Mar<15>2010 07:42 Feb 10, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\11FEE0.SGM 11FEE0 wwoods2 on DSK1DXX6B1PROD with PRESDOCS 7682 Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Presidential Documents (a) Establishment of Committee. There is established an interagency Intel- lectual Property Enforcement Advisory Committee (Enforcement Advisory Committee), which shall be chaired by the Coordinator. The Enforcement Advisory Committee shall serve as the committee established by section 301(b)(3) of the PRO IP Act (15 U.S.C. 8111(b)(3)). (b) Membership. The Enforcement Advisory Committee shall be composed of the Coordinator, who shall chair it, and representatives from the following departments and agencies, or units of departments and agencies, who hold a position for which Senate confirmation is required, who are involved in intellectual property enforcement, and who are, or are designated by, the respective heads of those departments and agencies: (i) the Office of Management and Budget; (ii) relevant units within the Department of Justice, including the Criminal Division, the Civil Division, and the Federal Bureau of Investigation; (iii) the United States Patent and Trademark Office, the International Trade Administration, and other relevant units of the Department of Commerce; (iv) the Office of the United States Trade Representative; (v) the Department of State, the Bureau of Economic, Energy, and Business Affairs, the United States Agency for International Development and the Bureau of International Narcotics and Law Enforcement Affairs; (vi) the Department of Homeland Security, United States Customs and Border Protection, and United States Immigration and Customs Enforce- ment; (vii) the Food and Drug Administration of the Department of Health and Human Services; (viii) the Department of Agriculture; (ix) the Department of the Treasury; and (x) such other executive branch departments, agencies, or offices as the President determines to be substantially involved in the efforts of the Federal Government to combat counterfeiting and infringement. Pursuant to the PRO IP Act (15 U.S.C. 8111), the Coordinator shall also invite the Register of Copyrights, or a senior representative of the United States Copyright Office designated by the Register of Copyrights, to serve as a member of the Enforcement Advisory Committee. (c) Mission and Functions. (i) Consistent with the authorities assigned to the Coordinator and the Enforcement Advisory Committee, and other applicable law, the Enforce- ment Advisory Committee shall develop each Joint Strategic Plan as pro- vided for in title III of the PRO IP Act. In the development and implementa- tion of the Joint Strategic Plan, the heads of the departments and agencies identified in section 2(b) of this order shall share with the Coordinator and the other members of the Enforcement Advisory Committee relevant department or agency information, to the extent permitted by law, includ- ing requirements relating to confidentiality and privacy, and to the extent that such sharing of information is consistent with law enforcement proto- cols for handling such information. Such information shall include: (A) plans for addressing the Joint Strategic Plan; (B) statistical information on the enforcement activities taken by that department or agency against counterfeiting or infringement; and (C) recommendations to enhance cooperation among Federal, State, and local authorities responsible for intellectual property enforcement. (ii) The Coordinator may establish subgroups, consisting exclusively of Enforcement Advisory Committee members or their designees, who must be officials from the designating member’s department or agency, to support the functions of the Enforcement Advisory Committee. The subgroups VerDate Mar<15>2010 07:42 Feb 10, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\11FEE0.SGM 11FEE0 wwoods2 on DSK1DXX6B1PROD with PRESDOCS 7683 Federal Register / Vol. 76, No. 29 / Friday, February 11, 2011 / Presidential Documents shall be chaired by the Coordinator, or the Coordinator’s designee with expertise and experience in intellectual property enforcement matters, and may include: (A) an Enforcement Subcommittee; and (B) other subcommittees as the Coordinator deems appropriate, including subcommittees addressing particular enforcement issues, efforts, training, and information sharing among departments and agencies. (d) Administration. The Coordinator shall coordinate and support the work of the Enforcement Advisory Committee in fulfilling its functions under this order and under section 301(b)(3)(B) of the PRO IP Act (15 U.S.C. 8111(b)(3)(B)). The Coordinator shall convene meetings of the Enforcement Advisory Committee as appropriate. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect the: (i) authority granted by law to an executive department, agency, or the head thereof, or the status of that department or agency within the Federal Government; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. Consistent with section 301(b)(2) of the PRO IP Act (15 U.S.C. 8111(b)(2)), the Coordinator may not control or direct any Federal law enforcement agency in the exercise of its investiga- tive or prosecutorial authority. (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 8, 2011. [FR Doc. 2011–3257 Filed 2–10–11; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 07:42 Feb 10, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11FEE0.SGM 11FEE0 OB#1.EPS</GPH> wwoods2 on DSK1DXX6B1PROD with PRESDOCS

Establishment of the Intellectual Property Enforcement Advisory Committees

2011-02-08T00:00:00

123279ee5efd7b309f5d49bb23ec3a7bbbcff3511a487c079659c1034b7f0526

Presidential Executive Order

2010-28360 (13556)

Presidential Documents 68675 Federal Register Vol. 75, No. 216 Tuesday, November 9, 2010 Title 3— The President Executive Order 13556 of November 4, 2010 Controlled Unclassified Information 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 establishes an open and uniform program for managing information that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Government-wide policies, excluding information that is classified under Executive Order 13526 of December 29, 2009, or the Atomic Energy Act, as amended. At present, executive departments and agencies (agencies) employ ad hoc, agency-specific policies, procedures, and markings to safeguard and control this information, such as information that involves privacy, security, propri- etary business interests, and law enforcement investigations. This inefficient, confusing patchwork has resulted in inconsistent marking and safeguarding of documents, led to unclear or unnecessarily restrictive dissemination poli- cies, and created impediments to authorized information sharing. The fact that these agency-specific policies are often hidden from public view has only aggravated these issues. To address these problems, this order establishes a program for managing this information, hereinafter described as Controlled Unclassified Informa- tion, that emphasizes the openness and uniformity of Government-wide practice. Sec. 2. Controlled Unclassified Information (CUI). (a) The CUI categories and subcategories shall serve as exclusive designa- tions for identifying unclassified information throughout the executive branch that requires safeguarding or dissemination controls, pursuant to and con- sistent with applicable law, regulations, and Government-wide policies. (b) The mere fact that information is designated as CUI shall not have a bearing on determinations pursuant to any law requiring the disclosure of information or permitting disclosure as a matter of discretion, including disclosures to the legislative or judicial branches. (c) The National Archives and Records Administration shall serve as the Executive Agent to implement this order and oversee agency actions to ensure compliance with this order. Sec. 3. Review of Current Designations. (a) Each agency head shall, within 180 days of the date of this order: (1) review all categories, subcategories, and markings used by the agency to designate unclassified information for safeguarding or dissemination controls; and (2) submit to the Executive Agent a catalogue of proposed categories and subcategories of CUI, and proposed associated markings for information designated as CUI under section 2(a) of this order. This submission shall provide definitions for each proposed category and subcategory and iden- tify the basis in law, regulation, or Government-wide policy for safe- guarding or dissemination controls. (b) If there is significant doubt about whether information should be designated as CUI, it shall not be so designated. Sec. 4. Development of CUI Categories and Policies. VerDate Mar<15>2010 03:33 Nov 06, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\09NOE0.SGM 09NOE0 rfrederick on DSKD9S0YB1PROD with NOTICES 68676 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Presidential Documents (a) On the basis of the submissions under section 3 of this order or future proposals, and in consultation with affected agencies, the Executive Agent shall, in a timely manner, approve categories and subcategories of CUI and associated markings to be applied uniformly throughout the execu- tive branch and to become effective upon publication in the registry estab- lished under subsection (d) of this section. No unclassified information meeting the requirements of section 2(a) of this order shall be disapproved for inclusion as CUI, but the Executive Agent may resolve conflicts among categories and subcategories of CUI to achieve uniformity and may determine the markings to be used. (b) The Executive Agent, in consultation with affected agencies, shall develop and issue such directives as are necessary to implement this order. Such directives shall be made available to the public and shall provide policies and procedures concerning marking, safeguarding, dissemination, and decontrol of CUI that, to the extent practicable and permitted by law, regulation, and Government-wide policies, shall remain consistent across categories and subcategories of CUI and throughout the executive branch. In developing such directives, appropriate consideration should be given to the report of the interagency Task Force on Controlled Unclassified Infor- mation published in August 2009. The Executive Agent shall issue initial directives for the implementation of this order within 180 days of the date of this order. (c) The Executive Agent shall convene and chair interagency meetings to discuss matters pertaining to the program established by this order. (d) Within 1 year of the date of this order, the Executive Agent shall establish and maintain a public CUI registry reflecting authorized CUI cat- egories and subcategories, associated markings, and applicable safeguarding, dissemination, and decontrol procedures. (e) If the Executive Agent and an agency cannot reach agreement on an issue related to the implementation of this order, that issue may be appealed to the President through the Director of the Office of Management and Budget. (f) In performing its functions under this order, the Executive Agent, in accordance with applicable law, shall consult with representatives of the public and State, local, tribal, and private sector partners on matters related to approving categories and subcategories of CUI and developing implementing directives issued by the Executive Agent pursuant to this order. Sec. 5. Implementation. (a) Within 180 days of the issuance of initial policies and procedures by the Executive Agent in accordance with section 4(b) of this order, each agency that originates or handles CUI shall provide the Executive Agent with a proposed plan for compliance with the requirements of this order, including the establishment of interim target dates. (b) After a review of agency plans, and in consultation with affected agencies and the Office of Management and Budget, the Executive Agent shall establish deadlines for phased implementation by agencies. (c) In each of the first 5 years following the date of this order and biennially thereafter, the Executive Agent shall publish a report on the status of agency implementation of this order. Sec. 6. General Provisions. (a) This order shall be implemented in a manner consistent with: (1) applicable law, including protections of confidentiality and privacy rights; (2) the statutory authority of the heads of agencies, including authorities related to the protection of information provided by the private sector to the Federal Government; and VerDate Mar<15>2010 03:33 Nov 06, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\09NOE0.SGM 09NOE0 rfrederick on DSKD9S0YB1PROD with NOTICES 68677 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Presidential Documents (3) applicable Government-wide standards and guidelines issued by the National Institute of Standards and Technology, and applicable policies established by the Office of Management and Budget. (b) The Director of National Intelligence (Director), with respect to the Intelligence Community and after consultation with the heads of affected agencies, may issue such policy directives and guidelines as the Director deems necessary to implement this order with respect to intelligence and intelligence-related information. Procedures or other guidance issued by Intel- ligence Community element heads shall be in accordance with such policy directives or guidelines issued by the Director. Any such policy directives or guidelines issued by the Director shall be in accordance with this order and directives issued by the Executive Agent. (c) This order shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, and legislative proposals. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) This order shall be implemented subject to the availability of appropria- tions. (f) The Attorney General, upon request by the head of an agency or the Executive Agent, shall render an interpretation of this order with respect to any question arising in the course of its administration. (g) The Presidential Memorandum of May 7, 2008, entitled ‘‘Designation and Sharing of Controlled Unclassified Information (CUI)’’ is hereby re- scinded. THE WHITE HOUSE, November 4, 2010. [FR Doc. 2010–28360 Filed 11–8–10; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 03:33 Nov 06, 2010 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\09NOE0.SGM 09NOE0 OB#1.EPS</GPH> rfrederick on DSKD9S0YB1PROD with NOTICES

Controlled Unclassified Information

2010-11-04T00:00:00

4f1285e7bd0df72cf24884af30d899ff77118538be60363f29b2706d21bb75cf

Presidential Executive Order

2010-28365 (13557)

Presidential Documents 68679 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Presidential Documents Executive Order 13557 of November 4, 2010 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 District of Minnesota; and (c) United States Attorney for the District of Arizona. 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 13481 of December 9, 2008, is revoked. VerDate Mar<15>2010 16:54 Nov 08, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\09NOE1.SGM 09NOE1 srobinson on DSKHWCL6B1PROD with MISCELLANEOUS 68680 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Presidential Documents 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, November 4, 2010. [FR Doc. 2010–28365 Filed 11–8–10; 8:45 am] Billing code 3195–W1–P VerDate Mar<15>2010 16:54 Nov 08, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\09NOE1.SGM 09NOE1 OB#1.EPS</GPH> srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

Providing an Order of Succession Within the Department of Justice

2010-11-04T00:00:00

0cc58ef01733e84e00bb395f1bc09e136e503eed7512bf883afe791eba4a1046